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Overweight Vehicles

Complaints about overweight campervan and motorhomes are increasing. Most relate to large sized vehicles intended for holders of a basic car driving licence. Typically, complaints allege these have insufficient allowance (within the maximum legal weight) for personal effects.

In this context there are two main relevant terms (see box re their meaning). The first is the Tare Mass. This is the vehicle’s unladen mass and is defined as ‘the vehicle’s mass in running order, unoccupied and unladen with all fluid reservoirs to nominal capacity’ (including 10 litres of fuel) ‘and all standard equipment.’ For campervans, Tare Mass is usually the weight of the bare van before modification.

Gross Vehicle Mass
The second related term is ‘Gross Vehicle Mass’ (GVM). This is the unladen mass plus everything you carry. It is set by the original vehicle manufacturer in accordance with various overriding requirements relating to matters such as individual axle loadings and individual tyre loadings etc. The GVM is shown on the obligatory Compliance Plate and the vehicle must not weigh more than that GVM. Hopefully to clarify this and other issues, the (federal) Department of Transport and Regional Services has issued Circular 0-4-12 ‘Certification of Campervan and Motorhomes’. This Circular emphasises that the GVM of a campervan or motorhome shall have allowances within its laden mass (i.e. ‘the mass of a vehicle and its load borne on the surface on which it is standing or running’) for all of the following:

* ‘All supplied equipment such as toilet, refrigerator, shower, gas bottle etc, including the mass of full fluids/gas. Where waste (grey and black) water tank(s) are provided, their mass may be reduced by the mass of the water stored in any fresh water tank(s)’.

The GVM must also include:

* ‘A Personal Effects Allowance, to cover cooking utensils, bedding, luggage and other such items, of 60 kg for each of the first two sleeping berths, and 20 kg for each sleeping berth more than two...

"A list of such effects, together with known weights, has been included in ‘The Campervan and Motorhome Book’ since the first edition. Countless readers report that the estimated minimum is realistic but is often exceeded."

Alleged Problems
Many builders supply dealers with standard basic vehicles, but may issue the Compliance Plate when they deliver the vehicle to the dealer. The dealer then supplies and fits ‘non-standard’ items (even if they were listed on the original order). These items may include air conditioners, awnings, extra batteries, inverters, generators etc. Doing this is legal as long as it does not vary any of the many and complex provisions of Compliance. The dealer may, for example change the colour, but not necessarily add extra seats.

Problems tend to arise because the obligatory Personal Effects Allowance noted above is only 60 kg for each person for a two-berth vehicle. A more probable minimum weight for such effects however is 225 kg per person. A list of such effects, together with known weights, has been included in ‘The Campervan and Motorhome Book’ since the first edition. Countless readers report that the estimated minimum is realistic but is often exceeded. (And the very first edition omitted Vegemite.)

The dealer cannot legally supply a vehicle that exceeds the GVM on the showroom floor, but the obligation thereafter rests with the buyer. Do understand that no allowance is made for driver or passengers. A motorhome may well be (say) 125 kg under its GVM on the showroom floor, but if you and your passenger together weigh 160 kg it may legally be sold – but you cannot legally drive it away. There is a lot of anecdotal and other evidence that some RVs are delivered with an inadequate weight margin, but what constitutes an ‘adequate margin’ will vary from individual to individual. Also, from a quick phone around, few vendors seem aware that the weight of people (and dogs etc) really is included in the GVM – an inclusion that bothers our 80 kg Great Dane no end.

It is seemingly essential for prospective buyers to understand they are at risk, with little chance of recompense, unless they contractually specify that the vehicle’s ex-dealer weight (NOT ex-factory weight) has an ample and specified margin for driver and passengers, plus everything that you realistically intend to carry (and with full gas bottles, water and fuel tanks etc).

Before paying over your money check that gas bottles, water tanks etc are full, extra batteries and the spare wheel etc are on board. Then insist on having the RV weighed in your presence on a Certified Weighbridge, and check the mass shown on that certificate checked against the GVM. It also pays to ascertain the legal maximum axle and wheel loadings and have these checked as well. It is not unknown for a vehicle to be within its GVM but to have excess individual tyre or axle weight (especially where a slide-out is included). To avoid subsequent hassles include all this in the contract.

"There is a lot of anecdotal and other evidence that some RVs are delivered with an inadequate weight margin... Also, from a quick phone around, few vendors seem aware that the weight of people (and dogs etc) really is included in the GVM..."

Mechanical Consequences of Overweight

I do not for a moment suggest exceeding a GVM (not least because that is illegal, but also because inciting someone to do something illegal is often more illegal than actually doing it). The engineering reality however is that there is little risk of mechanical failure if a vehicle is overloaded by two or three per cent, but this does not mean that even minor overloading is safe.

As overload increases, braking performance progressively suffers, and especially resistance to brake fade. Tyres may suffer impact fractures; springs and shock absorbers are less effective and require earlier replacement; cornering is less predictable, and eventually dangerous; there is an increasing probability of spring breakage. Your insurance policy may well be voided in the event of an accident that can be attributed to overweight (or be voided simply because the RV is overweight).
"Despite draconian stories that I suspect are urban myths, you are unlikely to have major hassles over minor overloading (a per cent or so) simply because no weighing scale has 100% repeatability."

Possible Legal Consequences
Despite draconian stories that I suspect are urban myths, you are unlikely to have major hassles over minor overloading (a per cent or so) simply because no weighing scale has 100% repeatability. If an RV were to be exactly at its GVM there is a 50/50 chance that it will register as overweight.

Based on previews of possible future legislation and off the record discussions, it seems unlikely that any action (except a probable formal warning to fix it) would be taken over an excess of less than 5%. If the vehicle is overweight by more than that, but not more than 10%, the most likely outcome is that you will be allowed to drive it to a ‘nominated destination’- where you must fix the problem. You may also be formally warned, or served with an infringement notice, but you are unlikely to have to shed excess weight there and then.

Things are likely to get more immediately serious if the vehicle is more than 10% but less than 20% overweight. You may still be allowed to proceed to, or be escorted to, a nominated destination (but the choice of nominated destination is likely to be very limited). You will probably be fined (the maximum in most parts of Australia is about $3000).

If the vehicle is more than 20% overweight (and I know of one home-constructed motorhome that weighs close to twice its GVM), then you are likely to be in serious trouble. And with respect, rightly so.

Disclaimer
The above is my own interpretation of various bits of related legislation. I have checked it as far as is reasonably feasible but I am an engineer, not a lawyer, so I do not vouch for its accuracy or otherwise.

The above is not necessarily applicable to caravans or fifth wheelers (the latter are legally regarded as caravans) where the Compliance Plate also specifies Tare Mass, because any addition made by a dealer that changes anything specified by the Compliance Plate may breach associated legislation.

Collyn Rivers, W8054


Mass & Weight Defined
Mass: In a general context, mass can be regarded as weight. More correctly however it is a quantitative measure of a body’s resistance to be accelerated.

Weight: Again in a general context, weight can be regarded as what you probably think it is. It is actually the gravitational force with which the earth attracts a body.

Editor’s Note:
The Insurer (Underwriter) of the Club’s Insurance Scheme has for many years been aware of this issue and has chosen not to void the insurance coverage in the event of a claim involving a Member’s vehicle that is moderately overweight. As to where the ‘Third Party Bodily Injury’ Insurers (the insurance policy provided to you with your registration) stand on this matter in the event that such a vehicle is involved in an accident resulting in injuries or a fatality, is unknown. National Headquarters
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