Overload fines without stopping the truck? It is now possible in Wallonia (Belgium)
The WIM system consists of inductive loops in the road surface and weighing sensors that collect data on the dimensions and weight of the passing vehicle. The combination of this data allows overloaded vehicles to be detected. On-site cameras provide number plate recognition and an image of the vehicle.
Until recently, the system was only used to pre-select potentially overloaded vehicles at the moment they passed the weighing system. The data collected by the WIM system is then forwarded to road inspectors or police stationed a little further along the road. Based on the information collected, the road inspectors or police then proceed to intercept and divert the vehicle concerned to a fixed weighing facility. In Flanders, this is also still how the system is deployed.
Wallonia (he Belgian French speaking region) however decided recentely to deploy the WIM system in an automated way. No more interception and diversion to a weighing facility takes place. On the other hand, overloading detected by the WIM system directly triggers a fine. For several weeks now, such a weighing system has been in operation on the E411 towards Luxembourg at Louvain-la-Neuve. Quite a few hauliers have already received fines in the meantime.
It goes without saying that such a weighing system must also be able to offer certain technical guarantees so that one can trust the data it records. Automation can facilitate the efficient detection of overload infractions. However, if the automated system does not perform, this could lead to many hauliers being wrongly fined.
The subsequent procedure should also be conducted in a way that allows the alleged offender to know all the information regarding the detection and to challenge the fine.
A first analysis by our laywers shows that the could be several problems with the legislation and its application, permitting the contestation of the fines.
We should point out that the time limit to file an opposition is extremely limited (10 days).
If you are confronted with such fines, do not hesitate to contact us !
