It depends on the system on the truck/trailer.
Old systems were fully manually controlled and the driver could quite easily raise the axle when the lorry was fully loaded despite that fact doing so would put the remaining axle above it's permitted weight (and they would sometimes do just that to increase traction)
Newer systems automatically raise or lower the axle based on the load, it's possible to carry a light load and the axle will remain raised but as soon as the system detects it's approaching the permitted weight for the remaining axle it will automatically drop the extra axle down (although this can generally be overridden if needed either for traction or to allow a tighter turn than may be possible with the axle in the down position)