DVSA guidance on securing loads on HGVs has changed considerably in recent years, ensuring, on paper at least, that the problem of load shift should be a thing of the past, even in severe circumstances such as vehicle rollover. But no matter how much training is given to drivers and loaders, these incidents do still occur, and can quite easily result in those concerned facing prosecution. We look at what an operator can expect to happen if one of their vehicles suffers a load shift, be it a pallet collapsing within a trailer, a load that has actually come off a vehicle, or worse.
When it comes to official advice, paragraph 151 of the Health & Safety Executive’s (HSE) Workplace Transport Safety Guidance (HSG136) says: “Every driver needs to know how to deal with a load that has moved into an unsafe position.”
Training in load security shouldn’t only cover prevention, but also needs to arm drivers with the best tools to deal with problems, should they arise. Much of the HSE’s advice reinforces basic procedures, which too easily fall by the wayside in the panic of a live situation; things like being sure to assess how safe, stable and secure the load is before removing any remaining restraints such as straps. “Do not open a bulging curtain… as the load could fall out.”
The DVSA’s new guidance note Securing Loads on HGVs and Goods Vehicles, published on 20 July 2023, also covers this. Again, it takes operators back to basics. “Drivers who realise that their load has shifted within their vehicle should lower their speed, avoid sharp braking or steering, and find a safe place to stop and re-secure the load if it’s safe to do so.” Whether that is possible or not, it adds: “You should not continue the journey until the load is secure.”
In reality, of course, these things don’t always play out quite so tidily. Inspector Rik Wenham, pictured below, leads the Met Police Commercial Vehicle Unit (CVU), and has attended more than his fair share of real-life shifted loads, of all degrees of severity. “Worst-case scenario, the load’s out and we’ve got the strategic road network closed down while we will put clean-up crews out straightaway, because they can’t have the road closed for long,” Wenham tells us. “And that will cost an absolute fortune.” These clean-up crews are usually contractors on a stand-by arrangement, and that kind of cover isn’t cheap. Those costs will then be claimed back through the operator’s insurance.wait for clean-up crews,” he says. “But we have to take these things case by case – if it’s a load that’s hanging against the curtains, we’ll try and get it off somewhere and give the driver a hand reloading it.”
The police will need to think about whether this is a one-off mistake, or an event that occurs more often. “If we see the same company having repeated issues with load security, it’s going to end up in the hands of the traffic commissioner or, at worst, the coroner’s court,” Wenham warns.
The inescapable truth, however, is that unless the problem can be rectified with minimal outside intervention, shed loads will inevitably cost operators time and money. “If it’s on the motorway network or a strategic route, National Highways
If the cargo can’t be reloaded there and then, it will generally be picked up by a grab lorry and taken to a recovery yard nearby, the philosophy being that it’s already damaged, so any further damage done during this operation will be irrelevant. At this point, the well-prepared operator can potentially lessen the financial blow. “Literally the second that load comes off, the bill starts ticking up,” Wenham reminds us, but this can be reduced if there is somewhere that cargo can go. “So if you’re going from A to B, but you know someone at C that will take that load for you without charging storage, then as long as it’s within a reasonable distance, we can get it taken there,” he advises. “If the recovery firm takes it as a contractor, they’re going to want shot of it out of their yard anyway, so if it can go somewhere else, so much the better.”
A ‘simple’ shed load could result in prosecution if careless driving is thought to be involved, but most cases will simply be referred to the Office of the Traffic Commissioner (OTC), which will deal with operator and driver accordingly. If, however, other vehicles are involved, things will rapidly escalate, especially if people have been hurt. “That will then become a full-scale road closure for several hours and, depending on the level of injury or fatality, will go for a full investigation,” Wenham says. Because a falling load isn’t classed as a road collision, HSE will get involved. “They may come to the scene, or they may let us do the investigation and pass it to them for referral. The driver is potentially in the frame for a charge of death by careless, or death by dangerous driving,” he continues. “If the load shifted as a result of their driving, they could be looking at time inside.”
Andrew Drewary is a transport investigator, working with companies and lawyers to find out what causes incidents like this to happen, and what will prevent them from happening again. While he’s often appointed by the legal team representing the operator concerned, he also finds himself giving evidence as an expert witness for the other side. “If I’ve assisted in rectifying a problem, I could be called for the defence to say how I’ve done that,” he explains. “But it could be my investigation on the defence’s behalf that’s identified the issue, in which case I could be called for the prosecution.”
From a legal perspective, operators need to be training their drivers in what to do and what not to do, should they be stopped by the authorities because a load has shifted. “They’re going to get a prohibition, and they could be charged with driving the vehicle illegally,” Drewary reminds us. “So they need to start by confirming their name, address, and that they were driving the vehicle, then say they are happy to co-operate, but that they want their solicitor present.”
Beyond that, Drewary’s job is all about looking back through the loading process to find the rootcause of the incident. “When it comes to the load, the driver will always carry the blame, because they’re ultimately responsible for taking the vehicle on the road,” he tells us. “Often, drivers don’t like to challenge the way a vehicle has been loaded if they weren’t present, because it means they get delayed, but they will always be in the firing line.”
It’s very rarely as simple as that, however. One of Drewary’s first major jobs involved a doubledecker that had rolled over, shedding its cargo as it went. “We were able to show that the incident was initiated back at the pallet network hub where it had been loaded, which meant the hub itself was liable under use, cause and permit,” he says. In this case, two 1,500kg pallets had been loaded on the top deck in breach of the operator’s 500kg limit, so the loaders themselves were also liable for the incident, and received fines as a result.
“It’s important that either the driver or operator is physically present when incidents like this are recovered,” Drewary advises. “They need to photograph every pallet that comes off, so they know where it has been taken from.” This enables the building of a model showing how the vehicle was loaded, and can identify whether a third party has ultimately caused the issue – information which could be vital for insurance claims, as well as in court.
In another example, an operator was moving 15-tonne rolls of steel in curtainsiders. The customer would not let the drivers secure these themselves, insisting instead that this was done by their own loaders. “Then one day, a 15-tonne roll of steel came out of a curtain side as it went around a roundabout, missing a car by 3ft,” Drewary says. “The customer blamed the driver for using excess speed, but that wasn’t the case. We went back to the manufacturers of the straps the customer was using to ask if they were suitable,” he continues, “and they said ‘no’. As a result, the driver was exonerated.
“When people like me do presentations to companies about load security, we accept we live in a utopian world, but that’s also the way the traffic commissioner sees it,” Drewary tells us. “We always get the same response from clients – we can’t do this or that, it would take too long. But ultimately the message is to do as much as you can, to be as safe as you can, as practically as you can, and avoid finding yourself in these situations in the first place.”
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