Container weight declarations and legal requirements

Written on the 10th of June 2009 by Famous Logistics

Overweight vehicles present a serious danger to road users. An overweight container can affect the performance of a vehicle and increase the risk of an accident occurring. Vehicles are designed and constructed to meet certain stress levels, if these levels are exceeded the safety of drivers and other road users are at risk. Overweight containers on a vehicle can result in the sudden failure of vital components, may require longer braking distances, cause vehicle instability, road damage and accelerate road wear or may mean your insurance cover is void as overloading a vehicle is illegal.

The new Compliance and Enforcement legislation introduced new obligations for consignors, operators, drivers and consignees. All parties are now required to take a responsibility in ensuring that shipping containers are not overweight by the use of a container weight declaration. The container weight declaration is a legal declaration of the weight of the container and its contents. It must accompany the container wherever all or part of the container's journey is on a road. The declaration can be used in a court of law in a dispute involving the shipping container, the vehicles or its contents.

The responsibility of ensuring the shipping container is the correct weight rests with the various parties involved. The consignor is required to prepare the container weight declaration in either electronic or hard copy form. It is required that the consignor provide the road transport operator or driver with a copy of the declaration prior to the container beginning it voyage by road. The transport operator must ensure that the driver is given a complying declaration before commencing the journey. Whilst on the road, drivers must keep a copy of the declaration with the container at all times. If another road or rail carrier transports the container further, the operator is responsible for providing a copy of the declaration by the time the container is received.

A consignee must not encourage or reward overweight containers. Behaviour such as not providing a declaration or declaring false or misleading weight information will be regarded as a breach of responsibilities and could be held legally liable or fined unless you have taken all reasonable steps to provide accurate information.

A complying container weight declaration must include the following:

• The weight of the container including its contents. Estimations can be given, however you will be liable if the estimate is grossly wrong, subject to taking all reasonable steps for providing the information.
• Correct identification details of the container.
• Name, address in Australia of the responsible entity making the declaration.
• Date of the declaration
• Any other information to be declared under the regulations.

If you have any further questions on container weight declarations, please find out more on our Famous Logistics website, or speak to one of the Famous Team - they will be more than happy to help you.

Copyright Famous Pacific Shipping Pty Ltd. 2009. All Rights Reserved. This article may not be used without the prior written consent from the author.