Liability of a mechanical shovel driver in case of overloading a truck

Facts

The case concerns a mechanical shovel driver, Treuthardt, who loaded a truck with earth, thus exceeding the authorized total weight of 16 tonnes. The truck's circulation permit indicated that the total weight should not exceed 16 tonnes. During a check, it was found that the truck weighed 17,500 kg, i.e. 1,500 kg more than the authorized weight. Treuthardt was fined 300 fr. by the Court of Justice of the Canton of Geneva under Article 96 ch. 1 al. 3 RTA.

The key facts are as follows

• The truck was overloaded by 1,500 kg.
• Treuthardt had loaded the truck using a mechanical shovel.
• The truck driver, Rapin, had also been reported for a contravention.

Considerations

The Court of Cassation examined the question of whether the mechanical shovel driver, Treuthardt, could be held liable for the overloading of the truck. The court considered that Article 67 al. 1 TRegO prohibited vehicles from exceeding the total weight indicated in the circulation permit, and that Article 96 ch. 1 al. 3 RTA punished contraventions related to non-compliance with restrictions or conditions to which a circulation permit was subject.

The court also considered that negligence was punishable under Article 100 ch. 1 al. 1 RTA. The court estimated that Treuthardt had committed a fault by filling the truck too much, as he should have realized that the admissible load was exceeded.…