So because my background before driving was in law I decided I wanted to know exactly what legislation DVSA can use, rather than just the vague info available on the government website and google searches. I emailed them and obtained this information.
The bit directly relating to load security is copied here:
In relation to the offences where a load is found to be insecure then this will be treated as being in contravention of the Road Vehicles( Construction and Use ) Regulations 1986, Regulation 100.
Maintenance and use of vehicle so as not to be a danger, etc
100.—(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.
Provided that the provisions of this regulation with regard to the number of passengers carried shall not apply to a vehicle to which the Public Service Vehicles (Carrying Capacity) Regulations 1984 apply.
(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.
I am paying attention in particular to subsection 2 where it says “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”. This is the law written right here. Whether DVSA officers like it or not it actually says if necessary by physical restrain. IF NECESSARY.
But who decides if it’s necessary…you guessed it 
And when he decides it’s necessary and it isn’t restrained then this is the point you whip out your credit/debit card…
Nothing to do with VOSA/DVSA.An insecure load can ultimately mean a charge of dangerous driving and/or causing death by dangerous under the RTA 1988.
legislation.gov.uk/ukpga/198 … ection/40A
I agree, and It is a grey area still. It’s just interesting the law doesn’t say ALL loads need physical security ie straps. The law says loads must be secured, not that loads must be fully strapped.
It also says if the load is ‘likely’ to cause damage to persons or property through movement or parts falling from the vehicle .
So all you need to receive a ticket is a load or part of that ’ looks ’ like it could move or fall off … say under braking or sudden change of direction .
I’ve heard drivers being prosecuted for this and there really is no answer . You could take a load of blocks up and down a motorway or A road unsecured hundreds of times and not have any problems , but the time you have to brake hard or swerve could be the time it all goes pear shaped . It is this scenario that DVSA are trying to protect you and other road users from.
If you are caught doing 40mph in a 30 mph zone for example, it will be almost impossible to successfully defend an action against you.
Similarly, if your vehicle is found to be significantly overloaded or have an obvious, serious, mechanical defect, it is usually as well to bend over and take it like a man.
However, an insecure load per se, is much less clearly defined in law, and given that the significant measure of security or otherwise are the words “necessary” and “likely”, then what is, or is not secure, becomes completely subjective , and therefore open to interpretation on a case by case basis.
I have been charged on more than one occasion with this potential offence. I have, as a matter of principle, chosen to defend the charge (myself) and, due to the level of subjectivity involved, have not found it difficult to persuade the court of the merit of my case, and have been found not guilty, as the prosecution have been completely unable to prove my culpability.
I would urge anyone who finds themselves being “collared” for insecure load to opt for court, and make them (DVSA, and, particularly the Police, ) work for their money. There are exceptions of course , and if you have liberally distributed the contents of your trailer all over the road, then perhaps it will be as well to accept that in fact, you “Are not the Messiah,” you are, in fact, " A very naughty boy"