It is now six months since the Driver and Vehicle Standards Agency (DVSA) updated its load security guidance. The document is aimed at helping operators ensure their loads are properly secured.
What’s changed in the guidance?
The main changes to the guidance included:
- A new section on the importance of risk assessments to help manage the issues facing those involved in securing loads
- Clarification on covering loose loads and how a risk assessment can be used to inform this decision
- Changes to the introduction to clarify how the guidance can help the reader be compliant with UK regulations
- A new section on securing asbestos waste
- A section on securing precast concrete sections
DVSA encounters approximately 2,000 vehicles each year with insecure loads.
These vehicles are prohibited from continuing their journey until the load is secured, often resulting in fixed penalties or prosecutions for the drivers.
The operator’s responsibility
Operators play a big part in ensuring vehicles are safely loaded. They need to ensure their staff are properly trained and fully aware of all requirements.
Regular training sessions and updates help prevent load security issues. It is important for operators that these training sessions and documented, so they can be evidenced to the authorities if required.
Spotlight on high-risk areas
DVSA’s Load Security Code of Practice provides extensive guidance, including specific sections on scaffolding which is a known area of concern identified by DVSA officers.
For goods vehicles, the maximum fine is unlimited, and three penalty points must be endorsed on the driver’s licence. Repeat offences within three years can result in obligatory disqualification.
The offence can be committed by both the driver and anyone who causes or permits the offence (e.g., the operator or employer).
In severe cases, where death or serious injury occurs, more serious charges such as dangerous driving or causing death by dangerous driving may be brought, which carry mandatory disqualification and potential imprisonment.
Whether you are an operator, manager, transport manager or responsible for loading any type of vehicle, you should make sure you’re familiar with, and follow, the guidance, so that you can ensure vehicles are loaded safely and appropriately.
If you are unsure whether your current practices meet DVSA requirements, or if you need advice following an enforcement action, we can help.
We advise operators, transport managers and logistics businesses on compliance, investigations and defence.
Contact us Jared Dunbar to discuss how we can support your business and reduce your legal risk.