1. Responsibility for load security
Why load security is important, what operators, drivers and consignors must do when loading and transporting goods, and how load security is enforced.
All loads carried on vehicles must be secure regardless of:
- what vehicle they’re on
- the size or type of the load
- the length of the journey
This protects:
- the people involved in loading, unloading and driving the vehicle
- other road users and pedestrians
The problems unsecured loads can cause
Unsecured loads can:
- affect the handling of the vehicle
- increase the braking distance
- increase the risk of a rollover
Items falling from the vehicle during the journey could:
- hit vehicles or pedestrians
- cause an obstruction in the road that causes other drivers to have to swerve or brake
- cause lane or full road closures
Even small, light items can kill someone if they fall from a vehicle travelling at speed.
Everyone involved in loading a vehicle or managing a transport operation is responsible for making sure the load is:
- safely loaded
- secure during transport
- safely unloaded
Operators, drivers and companies sending goods (‘consignors’) must:
- secure all loads carried on vehicles
- make sure loads are transported, loaded and unloaded safely
Load securing roles and responsibilities
You need to know:
- what operators, consignors and drivers are responsible for
- what the law says about load security
- assessing and managing risks during loading and unloading
- the benefits of using a load plan
Watch a short video about these main roles and responsibilities
Employers and self-employed people must:
- assess the risks to both their own employees and anyone else who could be hurt by their work activities
- take appropriate steps to control those risks
- give drivers and loaders the information, training, and equipment they need to do their jobs safely
- do everything ‘reasonably practicable’ to protect people from harm
Doing this will help keep your employees and the public safe and reduce the risk of damage to your loads and vehicles.
If you do not follow this guide, you must be able to show that you have achieved an equivalent level of safety.
The Health and Safety Executive (HSE) has more advice on finding the right guidance for your business and on what the law says about managing health and safety in your business.
What reasonably practicable means
This means balancing the level of risk against the measures needed to control the real risk in terms of money, time, or trouble.
The burden of proof is on the employer to show there was nothing else they could reasonably do.
Carrying out a risk assessment
When you carry out a risk assessment, you must:
- identify what could cause injury or illness in your business
- decide how likely it is that someone could be harmed and how seriously
- take action to eliminate the hazard, or if this isn’t possible, control the risk
A risk assessment alone isn’t enough to manage risk. Managing health and safety is an ongoing process, not a one-off task. It’s not enough to just control the risks in your business – you must make sure that they stay controlled.
What to include in your risk assessment
Your assessment should include risks relating to:
- the nature of the journey – length, type of roads, traffic and other potential obstacles such as low bridges
- the type of load – weight, size, shape
- the type of security used – if it’s not in line with this guidance, consider how you’re minimising the risks
- other issues such as the weather and the experience of the people loading and unloading the vehicle
- working at height
- manual handling
- trailer coupling and uncoupling
- separating pedestrians from vehicles
If your route and type of load stay the same, you can use the same risk assessment for all these journeys.
Recording the findings of your risk assessment
If you employ more than 5 people, you must record the significant findings of the risk assessment in writing. You must include:
- the hazards
- who might be harmed and how
- the risk controls
Check the Health and Safety Executive’s guidance on how to carry out a risk assessment and download a risk assessment template.
If you’re a vehicle operator, you must manage risk in your business.
You must make sure vehicles are:
- suitable for the intended purpose
- safe to drive (roadworthy)
- driven by people who are qualified, trained and competent
If your drivers secure loads, you must provide them with:
- training
- equipment
- instructions
You must support drivers who raise concerns about the way goods are loaded or secured. You must not pressure them to take out a vehicle if they think it’s unsafe.
The Traffic Commissioners for Great Britain can take action against your operator licence if you do not have the systems or processes in place to transport loads safely and securely.
You can get an unlimited fine, be banned from driving and get penalty points on your driving licence for using a vehicle in a dangerous condition.
If you load vehicles
If you’re a driver who loads vehicles, you must make sure any equipment you use is:
- in a usable condition
- strong enough to prevent the load from moving
- appropriate for the type of load it is securing
If you do not load vehicles
If you can, you should check that the load is secure before you set off. You can ask for a copy of the load plan from the load consignor (the person or company putting the load on the vehicle) if one is available.
Report concerns about loading or load securing to your employer or load consignor. You should not proceed with a load if you have any doubts about its security.
During the journey
You should check load restraints regularly during the journey. This is particularly important:
- when using lashing straps and chains – these may lose tension over time
- when transporting loads that are likely to settle – for example, sand or aggregate
- after any harsh braking or having to swerve to avoid something
The load consignor is the person or company who puts the load onto the vehicle.
The load consignor’s legal duties and responsibilities do not finish when a vehicle leaves the site. They must:
- make sure that the load is in a suitable condition for transport and packaged in a way that means it can be secured to the vehicle
- make sure the load is stable before it’s loaded onto a vehicle
- load the vehicle safely
- make sure that the load is safe throughout the journey, especially during multi-drop deliveries
- communicate with any third-party operator to manage safety in the transport operation
If on-site loaders secure loads, you must provide:
- training
- equipment
- instructions
If the driver is not involved in loading the vehicle, you must:
- find them a safe place to wait
- make them aware of how the load has been loaded and secured
You may find a load plan helpful so everyone knows how the load has been loaded.
What to include in the load plan
The load plan could include:
- the weight of the load
- where the load has been placed on the load bed, if the vehicle is a closed body
- how the load has been secured
- any special instructions for unloading
- precautions to take when unloading
- a photo of the secured load, including a date and time taken
Agree a system with the vehicle operator to keep the load secure
You must agree on a system with the operator to make sure the load is secure throughout its journey.
Load securing is covered by both road traffic and workplace safety legislation and regulations.
Make sure you understand any legislation that applies to your business.
The Road Traffic Act 1988 (as amended), section 40A - Using vehicle in dangerous condition etc.
The Management of Health and Safety at Work Regulations 1999
Lifting Operations and Lifting Equipment Regulations 1998
Provision and Use of Work Equipment Regulations 1998
Work at Height Regulations 2005
Dangerous goods legislation
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (CDG09)
Agreement concerning the International Carriage of Dangerous Goods by Road
Ionising Radiations Regulations 2017 (IRR17)
Control of Asbestos Regulations 2012
Guidance on health and safety at work
You can read guidance on the Health and Safety Executive website about:
If you’re driving any vehicle on a public road, you may be stopped by the police. Commercial vehicles may also be stopped by the Driver and Vehicle Standards Agency (DVSA).
This short video explains:
- what DVSA examiners look for
- what a load securing system needs to do
- the benefits of using a load plan
- what happens if the examiner decides the vehicle is not safe to continue its journey
Load security: how DVSA enforces the rules
What police officers and DVSA examiners look for
When assessing if a load is secure, examiners will look at whether:
- any part of the load could slide, topple or bounce in any direction
- the load could make the vehicle unstable
- the load could affect the handling of the vehicle
- any part of the load could fall off during transit or during the unloading process
- the load security equipment is in poor condition or not appropriate for the load
- any part of the load or the way in which it is secured could present an immediate danger to road users during transit
What happens if the load is not secure
If the police officer or DVSA examiner finds an insecure load, they will use the categorisation of vehicle defects to decide what action to take.
Depending on the circumstances, driving with an insecure load can be classed as careless or dangerous driving. It could result in a custodial sentence, particularly in the most serious cases where someone is killed or injured. This applies to:
- the driver
- consignors
- the vehicle operator
- company directors or partners in the business
Defects that put people at immediate risk
If the police officer or DVSA examiner finds defects that put you or others in immediate danger, they can issue an immediate prohibition. This means:
- you will not be able to continue the journey until the vehicle is made safe
- you may be given a fixed penalty notice or traffic offence report – this could be a fine or points on your driving licence
If the defects cannot be fixed within a reasonable time period (usually one hour after the prohibition was issued), the officer or examiner may immobilise your vehicle.
In more serious cases, DVSA or the police may decide to prosecute. The Traffic Commissioners can also take direct actions against commercial drivers and operators who fail to meet the required standards.
Minor defects
The officer or examiner will advise what you need to do about any minor defects they find. You will usually be able to fix these at the roadside before continuing your journey.
Find out more about how roadside vehicle checks work.