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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.

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Cargo securing for road transport – legal aspects

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  1. Cargo securing for road transport – legal aspects Why make cargo securing rules for road transport mandatory? Kristof SCHOCKAERT

  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.” Cargo securing for road transport - legal aspects

  3. Legal framework load securing Cargo securing for road transport - legal aspects

  4. 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. Cargo securing for road transport - legal aspects

  5. 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. 15 november 2014 Cargo securing for road transport - legal aspects 5

  6. Royal decree 1/12/75 15 november 2014 Cargo securing for road transport - legal aspects 6

  7. Royal decree 1/12/75 Art 45 General prescriptions Art 45bis Specific prescriptions Art 46 Measurements Art 47 Signalisation 15 november 2014 Cargo securing for road transport - legal aspects 7

  8. 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. 15 november 2014 Cargo securing for road transport - legal aspects 8

  9. 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. 15 november 2014 Cargo securing for road transport - legal aspects 9

  10. 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 15 november 2014 Cargo securing for road transport - legal aspects 10

  11. 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 15 november 2014 Cargo securing for road transport - legal aspects 11

  12. Art 45bis 3. PACKAGING When the primary packaging is not sufficiently firm to transport the goods safely … 15 november 2014 Cargo securing for road transport - legal aspects 12

  13. 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. 15 november 2014 Cargo securing for road transport - legal aspects 13

  14. Art 45bis 4. FORCES The cargo securing system has to resist certain forces: 15 november 2014 Cargo securing for road transport - legal aspects 14

  15. Art 45bis 4. Cargo securing systems The constituent parts of the cargo securing system: 1° have to function properly 15 november 2014 Cargo securing for road transport - legal aspects 15

  16. Art 45bis 4. Cargo securing systems 2° must be used in the way that they are designed for 15 november 2014 Cargo securing for road transport - legal aspects 16

  17. Art 45bis 4. Cargo securing systems 3° may not show : knots damaged elements weakened elements in a way that this affects their effectivenesswith regard to the securing of the cargo 15 november 2014 Cargo securing for road transport - legal aspects 17

  18. Art 45bis 4. Cargo securing systems 4° may not have any cracks, cuts nor fraying 15 november 2014 Cargo securing for road transport - legal aspects 18

  19. Art 45bis 4. Cargo securing systems 5°have to be conform the applicable European and / or international product standards 15 november 2014 Cargo securing for road transport - legal aspects 19

  20. Art 45bis 4. Cargo securing systems The cargo securing system that is used to put a cargo secured to a vehicule, should be suitable for the size 15 november 2014 Cargo securing for road transport - legal aspects 20

  21. Art 45bis 4. Cargo securing systems The cargo securing system that is used to put a cargo secured to a vehicule, should be suitable for the form 15 november 2014 Cargo securing for road transport - legal aspects 21

  22. Art 45bis 4. Cargo securing systems 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 15 november 2014 Cargo securing for road transport - legal aspects 22

  23. Art 45bis 5. Cargo securing systems 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 15 november 2014 Legal aspects on load securing 23

  24. Art 45bis 5. Cargo securing systems 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. 15 november 2014 Cargo securing for road transport - legal aspects 24

  25. Art 45bis 5. Cargo securing systems 15 november 2014 Cargo securing for road transport - legal aspects 25

  26. 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 15 november 2014 Cargo securing for road transport - legal aspects 26

  27. 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. 15 november 2014 Cargo securing for road transport - legal aspects 27

  28. 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 15 november 2014 Cargo securing for road transport - legal aspects 28

  29. 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 15 november 2014 Cargo securing for road transport - legal aspects 29

  30. Information duty The carrier has the obligation to inform us how the securing system has been placed. He has different options: European Best Practice Guidelines on Cargo Securing for Road Transport. A good practice, argumented writtenly by and under the responsability of the consignor. Any other good practice. 15 november 2014 Cargo securing for road transport - legal aspects 30

  31. Information duty The driver has to hand over all the information that we need enabling us to control the effectiveness of the securing systems: Meetverslag ladingzekeringssysteem Massa van elke ladingseenheid Meetverslag van blokkeringcapaciteit Ligging van het zwaartepunt Meetverslag van vormstabiliteit Meetverslag van wrijvingfactor indien niet opgenomen in tabel EN12195 Meetverslag van verankeringspunten Meetverslag van zekeringsmiddel 15 november 2014 Cargo securing for road transport - legal aspects 31

  32. 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 15 november 2014 Cargo securing for road transport - legal aspects 32

  33. Certificate check 15 november 2014 Cargo securing for road transport - legal aspects 33

  34. 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 15 november 2014 Cargo securing for road transport - legal aspects 34

  35. Control ? 2 Unkown cargo securing system Check for obvious infractions 15 november 2014 Cargo securing for road transport - legal aspects 35

  36. Obvious infractions Load platform 15 november 2014 Cargo securing for road transport - legal aspects 36

  37. Obvious infractions 15 november 2014 Cargo securing for road transport - legal aspects 37

  38. Obvious infractions Missing or not conform labelling Twisted lashes 15 november 2014 Legal aspects on load securing 38

  39. Obvious infractions Not properly lashed 15 november 2014 Cargo securing for road transport - legal aspects 39

  40. Obvious infractions No cargo securing system in place 15 november 2014 Cargo securing for road transport - legal aspects 40

  41. Obvious infractions Cargo isn’t form stable 15 november 2014 Cargo securing for road transport - legal aspects 41

  42. Obvious infractions 15 november 2014 Legal aspects on load securing 42

  43. Obvious infractions Not conform use of cargo secure systems 15 november 2014 Cargo securing for road transport - legal aspects 43

  44. Obvious infractions Friction mats are not used properly Use stanchions unknowing the strength 15 november 2014 Cargo securing for road transport - legal aspects 44

  45. Poles and stanchions are less strong then one thinks 15 november 2014 Cargo securing for road transport - legal aspects 45

  46. Obvious infractions System isn’t suited > Useless securing V 15 november 2014 Cargo securing for road transport - legal aspects 46

  47. Control 2 Unknown cargo securing system ? No obvious infractions Check EN12195-1 15 november 2014 Cargo securing for road transport - legal aspects 47

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