IT PAYS TO BE SAFE

No. 3, January, 2010
Basic Load Securement

• Most of the Federal Motor Carrier Safety Regulations are intended to provide for the safety of motoring public, rather than having the safety of the commercial driver in mind. Exceptions to that rule are the regulations and statutes concerning cargo securement. These regulations and statutes not only benefit the safety of the public, but also take into account your safety.

• Section 392.9 provides that a driver is not allowed to operate a commercial motor vehicle unless the vehicle's cargo is properly distributed and adequately secured and the vehicle's tailgate, tailboard, doors, tarps, spare tire and other equipment used in its operation are secured as well. The regulations do not dictate which method of securement be used, whether it be tie down, straps or blocking; they just require the load to be secure so the cargo does not spill, leak, blow or fall from the vehicle. A driver must stop and inspect the cargo and its securement device within the first 50 miles after beginning a trip and make adjustments as necessary, and assure the load hasn't shifted or fallen from the vehicle. This regulation is for your safety, as well as the public, because studies show that when a truck is involved in a rear-end accident, if a commercial driver is injured, the more severe injuries are not a result of the initial impact, but from an unsecured load striking the rear of the tractor.

• The regulations also delegate load securement responsibility to the motor carrier as well as the shipper. A motor carrier cannot require their drivers to operate a commercial motor vehicle if the load is unsecure. In addition, if a shipper has a policy that its representatives are to assist in the loading of your truck, that shipper assumes a duty to make sure your load is properly placed in or on the trailer, so that it can then be adequately secured. No truck driver can earn a living if they are injured and unable to work. Knowing the rules concerning load securement will help ensure your safety and your livelihood.