01/04/2025
Responsibilities in load securing: Who bears responsibility?
Load securing is an essential component of transporting goods, whether by road, rail, or waterway. Improper securing can not only cause property damage but also pose a danger to people and the environment . But who is actually responsible for properly securing the load ? In this article, we clarify the most important responsibilities and legal principles for load securing .
Legal basis for load securing
Load securing is regulated by various legal regulations . In Germany, the following regulations are particularly important::
- Road Traffic Regulations (StVO) : These require that the load is stowed and secured in such a way that it does not slip or fall, even in the event of sudden braking or evasive maneuvers.
- Road Traffic Licensing Regulations (StVZO) : These specify the technical requirements for vehicles and their equipment.
- Commercial Code (HGB) : Contains regulations on liability in transport law.
- Guidelines of the German Social Accident Insurance (DGUV) : Provide information on accident prevention in commercial freight transport.
Who is responsible?
The responsibility for securing the load is shared among several parties involved in the transport process . Each has their own responsibilities, which are explained below.:
1. The driver
The driver bears a significant responsibility for road safety . According to Section 22, Paragraph 1 of the German Road Traffic Act (StVO), the driver may not start a vehicle until he has verified that the load is properly secured . This does not mean that the driver must perform the securing alone, but he must check it and request improvements if necessary .
2. The owner of the vehicle
The vehicle owner is responsible for ensuring that only roadworthy vehicles are used . This includes ensuring that the vehicle is equipped with suitable load-securing devices and that the drivers are appropriately trained.
3. The shipper
According to Section 412 of the German Commercial Code (HGB), the shipper bears significant responsibility for the correct loading of goods . They must ensure that the load is properly positioned on the vehicle and that suitable securing devices are provided . They may not load inadequately secured cargo onto the vehicle.
4. The sender
The sender also plays an important role, as they are responsible for packaging and labeling the goods . Proper packaging contributes significantly to securing the cargo.
5. The vehicle owner or entrepreneur
The company providing the transport service shares responsibility for load securing . This includes ensuring that drivers receive regular training and that the vehicles are equipped with suitable equipment such as lashing straps , anti-slip mats , or appropriate mechanical load securing devices .
Consequences of violations
Failure to comply with load securing regulations may result in both civil and criminal consequences . Possible sanctions include:
- Fines and points in Flensburg for drivers and those responsible
- Liability for property damage and personal injury
- Criminal consequences in case of gross negligence or intent
Conclusion on responsibilities for load securing
Load securing is a shared responsibility of several stakeholders in the transport industry . Close cooperation between drivers, loaders, vehicle owners, and consignors is essential to prevent accidents and damage. Regular training and the use of appropriate securing equipment can significantly improve safety in the transport industry.
Sandax offers high-quality load securing equipment that helps you to always get your goods to their destination safely and reliably.
10-point checklist for load securing
Download our free PDF checklist with 10 important points for load securing .
Download load securing checklist