Two major changes to the regulations on tonnage restrictions were made recently.

First, the legend of road sign C23 was modified.

Previously, the sub-sign to this traffic sign referred to the mass of the vehicle when laden and thus the actual mass. However, this can only be checked by effectively weighing the vehicle.

However, now Section 68 Road Code provides the following as an explanation to the traffic sign C23: "Prohibited access for drivers of motor vehicles and tows designed and constructed for the transport of goods. An inscription on a lower sign limits the prohibition to drivers of vehicles or tows whose maximum authorised mass exceeds the indicated mass." In other words, the actual weight of the vehicle no longer matters, but the MTM of the vehicle or tow must be considered. Whether or not it remained below or above the tonnage limit when loaded is therefore no longer relevant.

Following this, the Flemish government has now decided by Decree of 13 January 2023 to additionally allow checking of the tonnage limitation now via unmanned camera. This is done by an amendment to the 2002 RD on unmanned cameras, whereby violations of the tonnage restriction are now added to the list of violations for which checking via ANPR camera is allowed. Mind you, at present this only applies in the Flemish Region, although the other regions will probably also join in.

Of course, a reservation should be made in so far as the tonnage restriction provides an exception for local operation. In this case, it is obviously not sufficient to establish that a tonnage limit has been exceeded with a vehicle whose MTM exceeds the limit. Moreover, in order for the infringement to be proven, it must also be shown that the vehicle was not used for local service, e.g. by checking the notes of lading.

Should you have any questions regarding this, please do not hesitate to contact us.

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