Cargo Securing For Road Transport - Legal Aspects

Cargo securing for road transport – legal aspects
Why make cargo securing rules for road transport mandatory?
Kristof SCHOCKAERT
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.”
30 september 2020 Cargo securing for road transport - legal aspects 2

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

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
30 september 2020 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:
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 ladingzekeringssysteem
2.Massa van elke ladingseenheid
3.Meetverslag van blokkeringcapaciteit
4.Ligging van het zwaartepunt
5.Meetverslag van vormstabiliteit
6.Meetverslag van wrijvingfactor indien niet opgenomen
in tabel EN12195
7.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 obvious
infractions
Verification
of the
information Check EN12195-1
or other if applicable

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
No obvious
infractions
Check EN12195-1

Cargo Securing For Road Transport - Legal Aspects

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Cargo securing for road transport – legal aspects

Why make cargo securing rules for road transport mandatory?

• “Considering that the dammage caused by accidents

30 september 2020 Cargo securing for road transport - legal aspects 2

30 september 2020 Cargo securing for road transport - legal aspects 3

• These infractions are penalised with a jail sentance up to

• When the infraction is repeated within 2 years after the

30 september 2020 Cargo securing for road transport - legal aspects 5

30 september 2020 Cargo securing for road transport - legal aspects 6

• Art 45 General prescriptions

• Art 45bis Specific prescriptions

30 september 2020 Cargo securing for road transport - legal aspects 7

Art 45.1 The cargo must be arranged in a way that it will

1° hinder the sight of the driver;

30 september 2020 Cargo securing for road transport - legal aspects 8

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

30 september 2020 Cargo securing for road transport - legal aspects 9

30 september 2020 Cargo securing for road transport - legal aspects 10

• Artikel 45 bis applies only to vehicules of group C:

C : voertuigen goederenvervoer, met MTM meer 3500 kg en

C+E : idem met aanhangwagen MTM meer 750 kg

C1 : voertuigen goederenvervoer met MTM meer 3500 kg en

C1+E : idem met aanhangwagen MTM meer 750 kg

30 september 2020 Cargo securing for road transport - legal aspects 11

• When the primary packaging is not sufficiently firm to

30 september 2020 Cargo securing for road transport - legal aspects 12

… the packer and/or loader

•The consignor has to writtenly inform in advance the carrier

• The cargo securing system has to resist certain forces:

30 september 2020 Cargo securing for road transport - legal aspects 14

The constituent parts of the cargo securing system:

1° have to function properly

30 september 2020 Cargo securing for road transport - legal aspects 15

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

30 september 2020 Cargo securing for road transport - legal aspects 16

3° may not show :

in a way that this affects their effectiveness with regard

30 september 2020 Cargo securing for road transport - legal aspects 17

4° may not have any cracks, cuts nor fraying

30 september 2020 Cargo securing for road transport - legal aspects 18

5°have to be conform the

30 september 2020 Cargo securing for road transport - legal aspects 19

The cargo securing system

30 september 2020 Cargo securing for road transport - legal aspects 20

The cargo securing

30 september 2020 Cargo securing for road transport - legal aspects 21

The cargo securing system

30 september 2020 Cargo securing for road transport - legal aspects 22

The securing system or integrated guard locking device

30 september 2020 Legal aspects on load securing 23

The securing system or integrated guard locking

1. designed and manufactured for the purpose it is used

2. used and maintained in according to manufacturer’s

30 september 2020 Cargo securing for road transport - legal aspects 24

30 september 2020 Cargo securing for road transport - legal aspects 25

A cargo that is secured following the

30 september 2020 Cargo securing for road transport - legal aspects 26

• Art 45 bis 4 … the securing system has to withstand

• Art 45 bis 5 … the securing systems have to be used

• Art 45 bis 6 … if a securing system complies with the

30 september 2020 Cargo securing for road transport - legal aspects 27

• The good practices can be found in the renewed EN