Robert Dowds (Dublin Mid West, Labour)
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To ask the Minister for Transport, Tourism and Sport if the legal responsibility for ensuring that a truck or goods vehicle is not overloaded rests with the driver of the vehicle, the operator, or both; and if he will make a statement on the matter. [39145/12]

Leo Varadkar (Dublin West, Fine Gael)
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Road Traffic Law places the onus on the owner/operator of a vehicle to ensure that he/she does not operate an overloaded vehicle in a public place.  Specifically under the general provisions (referred to in Article 96) of S.I. 190 of 1963 the owner/operator must ensure that:

  96. (1) Every vehicle while used in a public place shall be such, and so maintained and used, that no danger is likely to be caused to any person.  (2) The wheels of a vehicle, while it is in use on a public road, and any part of the vehicle in contact with the ground, shall be such that no damage is likely to be caused to the road.  (3) (a) Every load carried by a vehicle in a public place shall be of such a weight and size and so distributed, packed, adjusted and attached to the vehicle that, so far as can reasonably be foreseen, no danger is liable to be caused and that there is no interference with the stability of vehicle.  (b) In the case of mechanically propelled vehicles and trailers, no load carried shall exceed a reasonable weight, having regard to the engine capacity, brakes, tyres and general construction of the vehicle.  (4) A load shall not be carried on a vehicle on a public road in such a manner that part of the load is liable to fall on the road, or drags on the surface of the road, so as to cause damage to the road or to be liable to cause danger.  (5) The number of passengers carried by a vehicle in a public place shall be such that no danger is caused or is likely to be caused.  (6) A mechanically propelled vehicle or trailer shall not be used in a public place for any purpose for which it is so unsuitable as to be likely to cause danger.”