I find it hard to understand how the VOSA information can be so miss understood. They have made it quite clear how they intend to enforce load security at the roadside yet many seem to simply want to argue against it.
The question isn’t whether or not you are more experienced or have ever lost a load or can driver accordingly and make it to the delivery point - it is whether or not you have complied with the law. Simple.
There are many documents to read. BS-EN 12640:2001 covers lashing points on vehicles. BS-EN 12642:2001 covers curtains. BS-EN 12195-2 covers lashing equipment, BS-EN 12195-1 covers securing of loads on vehicles and there’s loads more. There are Approved Codes of Practice (Which can be used against you in criminal proceedings), books from various sources.
The actual LAW is quite complex and involves both the Construction and Use Regulations as well as the Road Traffic Act. Within these areas we have details such as:-
“A person will be regarded as DRIVING DANGEROUSLY if it is obvious to a careful and competent driver that driving the vehicle in its current state would be dangerous”. This is DANGEROUS DRIVING. This includes if DANGER IS LIKELY TO BE CAUSED. if a danger IS caused and someone dies■■? DEATH BY DANGEROUS DRIVING.
A person is guilty of using a vehicle in a DANGEROUS CONDITION if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when the purpose for which it is used or the weight position or distribution of its load, OR THE MANNER IN WHICH IT IS SECURED is such that the use of the motor vehicle or trailer involves a danger of injury to any person. Note it only needs to INVOLVE a danger and not necesserily cause one.
In most cases VOSA will issue a PROHIBITION - so that counts against the operator. Of course if the driver hasn’t secured his load but DOES HAVE the equipment to do so but hasn’t used it, this may cause the driver a problem via his employer. If it is clear the vehicle/load contravenes the construction and use regulations or road traffic laws then VOSA will issue a £100 GFP to the driver as well as the prohibition. If the driver does not agree that VOSA were correct then the GFP paperwork allows them to elect to go to court (but they must still pay the fine within 28 days) and once in court you will have the opportunity to tell everyone all that you know above and beyond what the VOSA guidelens, Road Traffic Act, Construction & Use Regulations and verious BS-EN documents and Approved Codes of practice say. of course you MAY just walk away with a far larger fine and potentially points on your licence.
VOSA has also made it clear they are more interested in Curtain siders, low loaders, flat beds etc. The subject of curtain siders is quite simple. The vehicle/trailer will be constructed to either BS-EN 12642:2001 ‘L’ or BS-EN12642:2001 ‘XL’. The standard or ‘L’ version has no load bearing capability for the curtain. The ‘XL’ version has load bearing capability within the manufacturers guidelines and usually up to 40% of the payload but only when used within the guidelines. These guidlines may stipulate a maximum gap between the load and the curtain and other such matters. This ‘XL’ standard includes the curtain AND structure.
As for internal straps - simple. READ THE LABEL. Can’t find a label■■? It isn’t load bearing then. I was VERY surprised to see VOSA’s own document stipulate an internal strap is good for a 400kg pallet … none of the BS-EN standards or Approved Codes of Practice say this (as far as I have seen).
Those who have posted scenarios where they claim they cannot secure their loads (bagged products etc) then I’m afraid it is quite simple - you have got the wrong vehicle for the job. With the right vehicle and the right equipment on board any load can be secured. ALTERNATIVELY - the product is not packed in an appropriate manner and is not fit for this type of transport. There are many options available to allow the securing of a load without the driver even leaving the floor.
There are a couple of good (ish) books available
http://www.hsl.gov.uk/hsl-shop/transport-publications/load-safe-road-safe---a-professional-driver's-guide-to-safe-loading-and-transport.aspx
http://www.hsl.gov.uk/hsl-shop/transport-publications/transport-safety---an-operator's-guide-to-safe-loading-and-transport.aspx
http://www.hsl.gov.uk/media/207924/shp_sep_2012_hsl.pdf
What we need to remember is that although many employers try to claim this is all the drivers responsibility - it isn’t. Under the road traffic laws anyone who USES, CAUSES OR PERMITS ANOTHER TO USE is guilty (This can unclude the consignor). Many employers are shirking their responsibilities and blaming drivers, putting drivers on the spot etc. A great responsibility is placed on the driver. As drivers you should be given the right vehicle, the right equipment and the TIME to secure the load.
Nobody can deny that the individual drivers experience counts but sometimes experience can make us forget what MIGHT happen out on the road - because it hasn’t happened to us YET.
I reckon I’ve preached enough and stand by for a slating.