What is meant by cargo securing?
Cargo securing is the process of securing cargo against slipping, falling down and toppling over during a transport operation by truck, train, plane or ship. As a rule, the cargo is secured on the loading area by lashing it down. This increases the frictional force. Typical aids for transport securing are round slings, locking beams, anti-slip mats, wedges, edge protectors, lashing equipment such as lashing chains or lashing belts and lashing wire ropes as well as tension belts with ratchets. A distinction is made between friction-locked load securing (the load is lashed down to the loading area) and form-fitted load securing (the load is secured by gapless loading or by direct lashing). Properly securing the load can prevent accidents and penalties.
Is the driver really allowed to do this?
Many shippers try to shift the task of securing the load onto the driver. The driver is supposed to sign on the spot that he is responsible for securing the load himself.
What many shippers completely forget is that the drivers are not authorized to make such a legally binding agreement on behalf of their company. An agreement that also attempts to circumvent a law is invalid.
In addition, the shipper must check whether the driver is even competent to perform this task.
What many shippers completely forget is that the drivers are not authorized to make such a legally binding agreement on behalf of their company. An agreement that also attempts to circumvent a law is invalid.
In addition, the shipper must check whether the driver is even competent to perform this task.
Do you want to be responsible for such a situation?
You have no choice when an accident occurs! Are you aware of your personal liability risk with regard to load securing?
The XP Load Securing Proof app helps you to prove the correct load securing, simultaneously logs the handover of the goods to the carrier and can also be used to document transport damages.
What's the legal background?
Load securing is required by law and according to the law the loader is obliged to secure the load. He cannot transfer the responsibility to the driver! The tasks relating to load securing must have been delegated by the management in a legally secure manner. Feedback and checks to the management should preferably be automated.
Every company, from industrial companies to freight forwarders, tradesmen, etc., which transports its goods from A to B, whether through external companies or with its own fleet, is responsible for securing the load of the goods. This is clearly regulated in the HGB and is not the task of the driver. Even if it is customary for the driver to secure the load, the consignor must carry out checks. If the load is not secured properly and the shipper does not carry out a legally compliant check, the shipper will be held accountable, as will the driver and the owner.
The road traffic regulations are not only directed exclusively at the driver of the vehicle, but also at the loader or the person responsible for loading. The loader is responsible for the safe stowage of the load. This means that the load must be stowed and secured in such a way that it does not slip, fall over, roll back and forth or fall down even during emergency braking or a sudden evasive maneuver.
The loader is the person authorized by the company to carry out loading work. The loader is authorized to make decisions on his own responsibility in the area of loading. If the company has not appointed an authorizing officer, the responsibility reverts to the management.
The sender of the goods is initially liable for damage resulting from inadequate load securing (unless there is a written agreement). The sender is also liable if the driver helps to secure the goods on the instructions of the sender. In this case, the driver is only a vicarious agent.
A fine can be imposed on a managing director if he has violated his supervisory duties and an employee has committed a criminal offense or misdemeanor, but the management level was not itself involved.