Imagine this situation that looks like an applied physics problem: a transporter has to take a series of paint drums from point A to point B.
The truck is going to circulate with 75% of its maximum load, so it still has free spaces that it has not been able to fill with more goods.
As he was in a hurry, he fastened the load with a single cinch and did not check if it was properly lashed.
And as soon as the first curve is reached, the truck takes it a little faster than it should, causing almost half of the drums to come loose, start to move and cause a loss of stability of the truck, resulting in a serious accident.
Until a year and a half ago, this case occurred with some frequency. In fact, the most common figures estimate that 25% of truck and van traffic accidents are caused by improper cargo stowage.
To prevent this, the European Union adopted a directive regulating how cargo should be stowed in road transport.
A new regulation that came into force a year and a half ago.
However, despite the time that has elapsed since then, there are still many companies in the sector that do not correctly apply the new legislation.
Previous problems
Before the approval of the 2014/47/EU stevedoring directive (transposed into Spanish law by Royal Decree 563/2017), the only law regulating the activity of our sector was found in the highway code, which required cargo to be securely fastened to avoid accidents.
Something so obvious and imprecise that it did not solve any of the problems.
The other rule that applied in the freight transport sector was the Contract of Carriage Act, which stated that “loading and unloading operations are for the account of the shipper and the consignee, unless otherwise agreed with the carrier (transporter)”.
At the European level there was no legal unity: while countries such as Belgium or Germany imposed heavy penalties for improper stowage of cargo, in others such as Portugal or Spain there was no precise legislation to control bad practices.
Because of this, cargo was tied down better or worse depending on its destination: if a truck was traveling to Portugal, for example, the cargo was tied down less tightly than if the transport was going to Belgium or Germany (or planned to travel on their roads).
The European directive on the stowage of goods transported by road has created a unified and similar legal framework for all transport activities on European roads.
Main effects of the entry into force of the standard
The intention of the standard was to reduce uncertainty, so that transport companies would have a better definition of how goods should be secured in all types of transport.
In fact, at BDtrans we are particularly sensitive to this issue, since our specialty is the transportation of chemical products, something for which it is essential to follow strict internal protocols and many safety standards.
What’s more: before the entry into force – in May 2018 – of Royal Decree 563/2017, in our company we already complied with very demanding standards of was and internal procedures.
For this reason, the transition in our case has not been as complicated as in other companies in the sector.
We will now briefly review the main elements of this law.
Inspections
All goods vehicles on our roads can be subjected to an on-site roadworthiness test . on site to check if the truck is in compliance with the law.
During these inspections, law enforcement officers check that the cargo is secured in such a way as to ensure safe driving.
To verify this, they can use measuring elements such as fixed and mobile scales, tensiometers, angle meters or stowage calculators.
Sanctions
The DGT is fining in cases of non-compliance with this legislation. And this is a problem because under current regulations the fine falls on the holder of the transport authorization.
However, the loading company also bears a share of responsibility for two reasons:
- A serious violation can delay deliveries: the roadside inspection authority can even immobilize the vehicle if serious stowage irregularities are detected.
- If an accident occurs, the loading company could incur criminal liability: in that case, in addition, it could lose insurance coverage for non-compliance with regulations, with the result that the insurance company would not be liable for compensation either.
Stowage card
It is a document that establishes the stowage standards for each specialty, weight and transport.
By means of the stowage form, the person in charge of the cargo can certify that the goods on board the truck are perfectly safe and in compliance with the stowage rules.
Thanks to the stowage card, the receiver of the cargo also has the guarantee that it will arrive in good condition and maintain its full integrity.
It is configured as a document that reflects the type of cargo being carried and how it has been secured in accordance with the law.
For example: if it is necessary for a certain cargo to be secured with 6 lashing points, the stowage form must state which of these lashing points are to be used. In this way, the inspecting officer will be able to verify that the standard is actually being complied with.
If you want to know which are the good internal practices that we always carry out in BDtrans, and how we comply with the current stevedoring regulations, you can contact us by filling out the form below.
