(1)Without prejudice to the liability of the driver, owner or a person in charge of a mechanical vehicle under any law for the time being in force, a mechanical vehicle which is loaded in excess of the permissible load specified for its category under sub-rule (2) of Rule 4, shall be liable to pay fee at the rate which is applicable for the next higher category of mechanical vehicles:Provided that the payment of such fee for overloading shall not in any manner entitle a driver or owner or a person in charge of a mechanical vehicle to make use of such state highway and his or her vehicle shall be prevented from using the state highway or crossing the toll plaza until the excess load has been removed from such mechanical vehicle.(2)The weight of a mechanical vehicle, as recorded at a weigh-bridge installed at the toll plaza, shall be the basis for levying the fee for overloading under this rule:Provided that where no weigh-bridge has been installed at the toll plaza, no fee for overloading shall be levied and collected under this rule and the driver, owner or person incharge of the mechanical vehicle shall be liable to pay the fee applicable for such vehicle only.
