The security of a load must be of primary concern for all road users. Not only does effective load securing prevent goods from falling onto roads, which causes danger to other road users, it also saves money by ensuring that goods arrive at their destination undamaged. The Road Traffic Act 1991 introduced provisions into the Road Traffic Act 1988 making new offences applicable to the state of loads on vehicles. However, there are still thousands of road impact incidents and prosecutions caused by insecure loads.
ENSURING SUFFICIENT RESTRAINT
When a vehicle changes direction, friction is not enough to stop unsecured cargo from moving. The basic principles are that the combined strength of the load restraint system must be sufficient to withstand a force not less than the total weight of the load going forward, to prevent the load moving under severe braking, and half of the weight of the load going backwards and sideways. This applies to all vehicles no matter what the size, from small vans to the largest goods vehicles. Even at low speeds, the forces acting on a load when the vehicle is moving can be high enough for the load to move.
THE RIGHT RESTRAINT FOR THE RIGHT LOAD
Not all loads or vehicles are the same, so it is important that the securing system chosen stops the load moving without creating any other risks, such as unnecessary manual handling or working at height. Webbing straps or chains are often used to secure loads, but they are not suitable for every situation, for example, where fragile loads need different securing methods to prevent damage to the goods. Communication, therefore, is key. Everybody in the transport chain should make themselves aware of their responsibilities. It is the vehicle operator’s responsibility to provide suitable vehicles and securing equipment for each load carried and to ensure that drivers and loading staff are competent and have received sufficient instruction in its use, whilst it is the driver’s duty to check and ensure that the load is adequately secured at all times, not just at the start of the journey.
ENSURING SAFETY THROUGHOUT
The person responsible for loading vehicles should make sure that the payload remains in a safe condition during loading, transit and unloading. They should also decide who will carry out the loading, what training they should have and how they will be supervised. If the drivers do not load the vehicle, ideally they should be given the opportunity to observe the competent person doing so. If it is not appropriate for them to watch the loading process, they should be given information about how the load has been secured and given the chance to check it prior to departure. It may be useful to develop a loading plan for the loads you transport so that everyone involved, such as the haulier, driver and the delivery site know what they are responsible for.
POOR LOADING = SERIOUS CONSEQUENCES
The consequences of poor load securing vary, but it can have serious consequences for the driver, anyone involved in loading and unloading the vehicle, other road users and pedestrians. Many incidents are a direct result of poor load securing, such as items falling out of a vehicle when the curtain is opened for unloading and hitting someone standing near the vehicle, or damaged goods, property or infrastructure, the charges for which will eventually be passed on to the consumer. The worst-case scenario resulting from poor load security would be the death of someone, which could lead to prosecution for causing the death of an employee or member of the public due to negligence. Negligence could be viewed as ignorance or ineffective processes such as failing to comply with existing Department for Transport and DVSA guidance, which could also result in substantial fines being issued.
REPUTATIONAL RISK
Injuries could also occur which may lead to the involvement of the Health and Safety Executive in certain circumstances. The reputation of your operation may also suffer because of a load securing incident due to adverse publicity in the press or on social media, but a load security incident could also result in loss of contracts due to damaged goods.
DVSA examiners ask themselves a series of questions:
- Can any part of the load slide, topple or bounce in any direction?
- Is the load causing the vehicle to be unstable or could it affect the handling?
- Can any part of the load fall off during transit?
- Is the load security equipment in poor condition and/or not appropriate for the load?
- Does any part of the load or the way in which it is secured present, or is it likely to present, an immediate danger to road users during transit?
POTENTIAL ENFORCEMENT ACTION
The examiner will take enforcement action if they answer ‘yes’ to any of these questions by referring to DVSA’s Categorisation of defects, so anyone involved in the loading process, especially drivers, should be encouraged to ask these questions before the start of any journey to help identify potential problems and make sure load securing remains high on their agenda.
DVSA’s Enforcement Sanctions Policy states that using a vehicle or trailer that is a danger or a nuisance is likely due to an insecure load carries a PG9 and £100 fixed penalty notice for the driver, with the operator likely to receive follow up enquiries for causing or permitting the incident, although the maximum penalty for this offence if committed in respect of a goods vehicle is an unlimited fine, plus three penalty points. Depending on the severity of the load securing breach, DVSA could interview the driver and operator about the issues found at roadside resulting in legal proceedings against the operator and a report to the Traffic Commissioner, who may then take regulatory action for failing to comply with an undertaking on the operator’s licence. The Traffic Commissioner also has the power to take action against a driver’s vocational licence, which will impact the driver and potentially cause more problems for the operator.
*www.logistics.org.uk/mac
