Load Security
Load Security
On 01 May 2022, updated guidance was issued with joint forewords by the Driver and Vehicle Standards Agency (DVSA), the Traffic Commissioners of Great Britain, Logistics UK, and the Road Haulage Association (RHA). The guidance itself aims to complement guidance already circulated throughout the public, as published by the Department for Transport, and to complement the European Commission code of practice.
There are many consequences of insecure loads, impacting both the UK economy and placing at risk other road users, for example, through damage to infrastructure, and/or damage and/or injury caused by a lost load.
This blog post will look in detail at the underlying legal provisions and consequences of insecure loads, look at the updated guidance, and explain how operators and drivers can avoid getting into any difficulty.
It is important that operators produce policies in respect of load security and properly communicate those policies and the reasons for those policies to their drivers. Any training provided to drivers should be recorded and drivers themselves should be aware of the risks involved in the event they are found to be carrying an insecure load.
The law
Section 40A of the Road Traffic Act 1988 reads:
“A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when:
(a) the condition of the motor vehicle or trailer, or of its accessories or equipment, or
(b) the purpose for which it is used, or
(c) the number of passengers carried by it, or the manner in which they are carried, or
(d) the weight, position or distribution of its load, or the manner in which it is secured,
is such that the use of the motor vehicle or trailer involves a danger of injury to any person.”
Where an offence such as this describes an offence committed through the “use” or the causing or permitting of “use”, there is a risk to both the driver of the vehicle used and for the operator, if they are considered to have caused or permitted a vehicle to be used in a way that involves a danger of injury to any person.
Supplemental to this section, regulation 100 of the Road Vehicles (Construction and Use) Regulations 1986 reads as below:
“(1) A motor vehicle, every trailer drawn thereby and all parts and accessories of such vehicle and trailer shall at all times be in such condition, and the number of passengers carried by such vehicle or trailer, the manner in which any passengers are carried in or on such vehicle or trailer, and the weight, distribution, packing and adjustment of the load of such vehicle or trailer shall at all times be such, that no danger is caused or is likely to be caused to any person in or on the vehicle or trailer or on a road.
…
(2) The load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight, and be in such a position, that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle.
(3) No motor vehicle or trailer shall be used for any purpose for which it is so unsuitable as to cause or be likely to cause danger or nuisance to any person in or on the vehicle or trailer or on a road.”
At its sternest, the legislation in respect of insecure loads leaves the door open to prosecution for both driver and/or an operator if the load is so insecure that it poses a risk to other road users. That is, however, quite a severe response in certain circumstances. There are alternative enforcement methods available to the DVSA to ensure that drivers check their vehicle loads, and to ensure that operators have such systems in place to ensure drivers know how to and are carrying out load security.
In the updated guidance, the DVSA have set themselves a list of questions to assess load security, largely focused on the stability of the towing vehicle and whether the load as it is secured remains free to move. An insecure load is an identified vehicle defect under the DVSA’s categorisation of defects and, consequently, where the matter is not necessarily so severe, instead of prosecution, the DVSA will likely look to issue a vehicle with a prohibition under sections 69 or 69A of the Road Traffic Act 1988.
Where a DVSA examiner issues an immediate prohibition for an insecure load, the driver will not be permitted to move the vehicle until the issue with the load is resolved. If the DVSA examiner takes the view that the driver is responsible for the insecure load, then they may also issue that driver with a fixed penalty notice. Penalty points are not always issued, however the penalty points that may be imposed for using a vehicle in a dangerous condition contrary to section 40A currently amount to 3 points and an unlimited fine if committed in a goods vehicle, with the potential for disqualification if committed within 3 years of a previous conviction under section 40A.
Load Security
In their new guidance, the DVSA explain that in the event that a driver is driving a curtain-sider with load-retaining curtains, if the curtain-sided vehicle/trailer body is built as standard, then it will not ordinarily offer sufficient security for the load in question. Therefore, where the curtains or body are standard, security of the load should be approached in the same way by which a driver would approach a flatbed.
Where operators are hoping for additional load security, they could look at the BS EN 12642 XL build rating for vehicle and trailer bodies. It is not mandatory, but the XL standard is reinforced and does offer an additional degree of load security. The DVSA have indicated in this guidance that where a vehicle/trailer is built to the XL standard, they may accept that vehicle/trailer keeping 50% of the rated payload to the side without additional securing measures, provided it is a positive fit.
Ultimately, the question of proper load security will hinge upon different variables, for example, the type of vehicle, type of load, type of securing method, etc. Where an operator has vehicles carrying material likely to settle, such as fertiliser or sand, questions may arise as to what the best method is for securing the bags/load. For example, whether to use ropes or ratchet straps.
The new guidance assists in providing some basic principles to consider when developing load security policies and/or when securing a load:
- Make sure the vehicle is fit for purpose.
- Load the vehicle properly.
- Choose the most appropriate securing method.
- Use adequate load restraint.
- Communication is important.
- Load restraint system.
Updated Guidance:
What is meant by “load restraints system” is essentially ensuring that the load itself is secured in a way that means it cannot move when subject to the different types of forces likely to be experienced by a goods vehicle, for example, the forward force following harsh or sudden braking.
Commentary
With the introduction of this new guidance and with load security being high on the DVSA’s current agenda, operators will need to be aware now more than ever of the best methods of load security and undertake the necessary processes and checks to ensure that loads are leaving their yards without being free to move, and with drivers trained to recognise insecure loads. Operators identified as running vehicles with insecure loads will need to show how they have responded to the problem and what measures they have taken to prevent it happening again.
It is likely that the Traffic Commissioners will want to see operators and drivers pulling vehicles with insecure loads and the best method by which they will avoid regulatory action either in a Public Inquiry or Driver Conduct Hearing is to show that the seriousness of an insecure load is fully appreciated. Indicators of poor systems will be a high level of prohibitions, particularly ‘S’ marked prohibitions, and fixed penalties issued to drivers who have failed to identify and rectify the issue of an insecure load.
If you are an operator or a driver and you have received a prohibition or a fixed penalty for an insecure load, contact JMW Solicitors and take advice from one of our specialist transport solicitors.
