Cargo securing for road transport – legal aspects Why make cargo securing rules for road transport...

Cargo securing for road transport – legal aspects

Why make cargo securing rules for road transport mandatory?

Kristof SCHOCKAERT

19 april 2023 Cargo securing for road transport - legal aspects 2

Policy note 2006-2007 Minister of Transport

• “Considering that the dammage caused by accidents due to bad cargo securing has negatif consequences not only for human life, the material, the cargo and the image of the carrier but also for the road traffic flows, mandatory rules on cargo securing will be made applicable at national level during 2007, in combination with the current existing sensibilisation, in cooperation with the carriers and inspired by the European Best Practice Guidelines on Cargo Securing for Road Transport.”


Legal framework load securing


Law 3 May 1999

Artikel 37 § 2.2°

The consignor, the loader, the shipper or the shipping agent are punished when they have given instructions or undertook actions that resulted in:

• the exceeding of the allowed weights, masses and measurements for vehicules

• not following the rules and procedures on the safe loading and cargo handling of the vehicules

• the non respect on the legislation on the driving and rest periods

• not respecting the speed limits for the vehicule.


Law 3 May 1999

• These infractions are penalised with a jail sentance up to six months and/or a fine up to 55 000 EURO.

• When the infraction is repeated within 2 years after the conviction, the initial punishment must be at least be doubled.


Royal decree 1/12/75


Royal decree 1/12/75

• Art 45 General prescriptions

• Art 45bis Specific prescriptions

• Art 46 Measurements

• Art 47 Signalisation


GENERAL PRESCRIPTIONS Art 45.1

Art 45.1 The cargo must be arranged in a way that it will not, during regular road conditions :

1° hinder the sight of the driver; 2° be dangerous to the driver, the passenger or other road users;3° cause dammage to the road;4° fall or drag on the road;5° endangers the stability of the vehicule; 6° cover lights, reflectors or license plate.


GENERAL PRESCRIPTIONS Art 45.2-6

• Art 45.2 Cereals, flax, straw must have a cover or a net

• Art 45.3 Cargo of long pieces can not be fluctuating outside the circumference of the vehicule

• Art 45.4 What is used for cargo securing must be

> in good condition

> used properly

> enclose the cargo

• Art 45.5 The cargo may not cause any noice or scare animals

• Art 45.6 All doors must be secured or locked.


SPECIFIC PRESCRIPTIONS Art 45bis

• Scope

• Packaging

• Task and responsabity of the loader and packer

• Obligation to provide information

• Forces

• Cargo securing system

• Stowage and locking devices

• European and international rules, directives and guidelines


Art 45bis 1. SCOPE

• Artikel 45 bis applies only to vehicules of group C: C, CE, C1, C1+E

C : voertuigen goederenvervoer, met MTM meer 3500 kg en aanhangwagen tot 750 kg.

C+E : idem met aanhangwagen MTM meer 750 kg

C1 : voertuigen goederenvervoer met MTM meer 3500 kg en maximaal 7500 kg en aanhangwagen tot 750 kg.

C1+E : idem met aanhangwagen MTM meer 750 kg


Art 45bis 3. PACKAGING

• When the primary packaging is not sufficiently firm to transport the goods safely …


Art 45bis 3. PACKAGING

… the packer and/or loader have to cover the goods in a transport packaging that is strong enough to enable cargo securing in an appropriate way

•The consignor has to writtenly inform in advance the carrier with all information that he needs to secure the cargo.


Art 45bis 4. FORCES

• The cargo securing system has to resist certain forces:


Art 45bis 4. Cargo securing systems

The constituent parts of the cargo securing system:

1° have to function properly



2° must be used in the way that they are designed for



3° may not show :

• knots

• damaged elements

• weakened elements

in a way that this affects their effectiveness with regard to the securing of the cargo



4° may not have any cracks, cuts nor fraying



5°have to be conform the applicable European and / or international product standards



The cargo securing system that is used to put a cargo secured to a vehicule, should be suitable for the size



The cargo securing system that is used to put a cargo secured to a vehicule, should be suitable for the form



The cargo securing system that is used to put a cargo secured to a vehicule, should be suitable for the strength and characteristics of the load

19 april 2023 Legal aspects on load securing 23


The securing system or integrated guard locking device that is used to secure load to a vehicle has to be so secured itself in a way that they can not get unlocked or loosed



The securing system or integrated guard locking device that is used to secure load to a vehicle has to be:

1. designed and manufactured for the purpose it is used

and

2. used and maintained in according to manufacturer’s specifications and in accordance to the applicable European and / or international standards.


Art 45bis 6. European Guidelines

A cargo that is secured following the

“European Best Practice Guidelines on Cargo Securing for Road Transport “

meets all the requierments set out in

Article 45 bis 4 - 1


Art 45bis 4 versus 5 and 6

• Art 45 bis 4 … the securing system has to withstand the forces but, doensn’t specify in which way there has to be secured.

The used system has to comply with the European standards.

• Art 45 bis 5 … the securing systems have to be used according to the European standards.

• Art 45 bis 6 … if a securing system complies with the “European Best Practice Guidelines …”, it meets the requierements set out in Article 45 bis 4.


Guidelines and standards

• The good practices can be found in the renewed EN 12195-1.

• The securing sytem has to be conform with the guidelines and European and international regulations (EN12195 + IMO/ILO/UN ECE)

• EN12640 anchor points

• EN12641 Covers

• EN12642 Vehicules/boards/poles

• EN12195-2 Lashing

• EN12195-3 Chain Lashing

• EN12195-4 Cable Lashing


Art 19 KB 15/03/1968

• 19§3 : transport (MTM +7t) of beams, pipes, poles, steel plates, coils, drums, barrels that can cause a depression or puncture of the driver's compartment must have:

- Suffucient securing

- A specific safety equipement


Information duty

• The carrier has the obligation to inform us how the securing system has been placed. He has different options:

1.European Best Practice Guidelines on Cargo Securing for Road Transport.

2.A good practice, argumented writtenly by and under the responsability of the consignor.

3.Any other good practice.


Information duty

• The driver has to hand over all the information that we need enabling us to control the effectiveness of the securing systems:

1.Meetverslag ladingzekeringssysteem2.Massa van elke ladingseenheid3.Meetverslag van blokkeringcapaciteit4.Ligging van het zwaartepunt5.Meetverslag van vormstabiliteit6.Meetverslag van wrijvingfactor indien niet opgenomen

in tabel EN121957.Meetverslag van verankeringspunten 8.Meetverslag van zekeringsmiddel


Control

1

Cargo securing system is known,

certificates or written instructions

Verification of the information

Ask all the information you need in order to control


Certificate check


Control

1

Cargo securing system is known,

certificates or written instructions

Check EN12195-1or other if applicable

Check obvious infractions

Verification of the

information


Control

2

Unkown cargo

securing system

Check for obvious

infractions


Obvious infractions

Load platform


Obvious infractions


Obvious infractions

• Missing or not conform labelling

• Twisted lashes


Obvious infractions

Not properly lashed


Obvious infractions

• No cargo securing system in place


Obvious infractions

• Cargo isn’t form stable


Obvious infractions


Obvious infractions

• Not conform use of cargo secure systems


Obvious infractions

• Friction mats are not used properly

• Use stanchions unknowing the strength


Poles and stanchions are less strong then one thinks


Obvious infractions

• System isn’t suited >• Useless securing

V


Control

2

Unknown cargo

securing system

Check EN12195-1

No obvious infractions

?

Cargo securing for road transport – legal aspects Why make cargo securing rules for road transport...

Documents

Transcript of Cargo securing for road transport – legal aspects Why make cargo securing rules for road transport...