Fines for drivers are often calculated as a percentage of the excess, and both the driver and the company can be fined. Here are the prosecution service's rates for overloading, axle load, driving and rest times, abnormal transport and road toll — with worked examples and the threshold for disqualification.
Introduction
A mistake in the lorry rarely costs a fixed amount. The fine is often calculated as a percentage of how much you exceeded the limit. Both the driver and the company (the owner or user of the vehicle) can be fined for the same trip. The rates below are the prosecution service's guidelines in the Director of Public Prosecutions' guidance.
Overloading (gross weight)
For vehicles and road trains with a permissible maximum mass over 3,500 kg, prosecution only takes place if the permissible maximum mass is exceeded by more than 6% or by more than 2,000 kg. The limit applies both to the individual vehicle and to the whole road train.
| Overloading | The driver | The owner/user |
|---|---|---|
| More than 6% | DKK 150 per per cent | DKK 350 per per cent |
| At most 6%, but more than 2,000 kg | 1.000 kr. | 1.000 kr. |
| Repeat offence | — | +DKK 1,400 per previous conviction for overloading |
The amount is rounded up to the nearest amount divisible by 500 and is at least DKK 1,000 (Road Traffic Act, § 118 a(1)). The owner can be fined even if the owner acted neither intentionally nor negligently.
If the overloading is more than 30%, the driver must also be conditionally disqualified from driving heavy vehicles: C1, C1/E, C, C/E, D1, D1/E, D, D/E and B/E. The right to drive an ordinary car (B) is not affected by overloading alone (Road Traffic Act, § 129 a(1)(1)).
Axle load
Prosecution only takes place if the permissible axle load is exceeded by more than 7%, or if the excess on a single axle is more than 500 kg. The fine is DKK 75 per per cent for the driver and DKK 150 per per cent for the owner, rounded up to the nearest 500 and at least DKK 1,000. If the excess is at most 7% but more than 500 kg on a single axle, the fine is DKK 1,000 for both driver and owner. If both axle load and gross weight are exceeded, the rate giving the largest fine is used.
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