Justice Ziyad Rahman AA clarified that in such cases, both the driver and the registered owner have committed two separate offenses, namely, the driving of a vehicle with excess weight (unladen or laden), and causing or allowing the driving of the vehicle with excess weight.
“The offense which is specified under Sub-section (3) of Section 113 starts with the words “no person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer” … Therefore, it is evident that both the acts, namely, the driving of a vehicle with excess weight (unladen or laden) as well as causing or allowing the driving of the vehicle with excess weight, would attract the offenses, and these are separate offenses which could be committed by different person … by virtue of the stipulation contained in Subsection (3), the registered owners are liable to be prosecuted for the offense under Subsection (3) of Section 113 of the Motor Vehicles Act,” the court said.
Source: Barandbench
