Loader’s obligation to secure the load

1: The responsibility of the loader

In Germany, article 22 of road traffic regulations (StVO) provides the basis for the loader’s obligation to secure the load, as this article is not – contrary to what is generally assumed – solely directed at the driver.

Stuttgart Higher Regional Court has ruled on 27 December 1982 that, regarding article 22 StVO, in addition to the driver, the loader is also responsible for the safe stowing of the load.

The “person responsible for the loading” and in case of the transport of hazardous goods, the “commissioned agent of the loader” is to be regarded as the loader in this case; that is, the person authorised to make responsible decisions with regard to the loading. Without special authorisation, responsibility of the superior right up to executive management applies. In effect, executive management is responsible for load securing if the reponsibility has not been transferred to a subordinate.

The loader is responsible for load securing by law. He cannot transfer that responsibility to the driver!

Possible legal consequences for driver, loader and vehicle owner

If the regulations regarding proper load securing are not met, the following legal consequences may apply for driver, loader and vehicle owner:

Routine vehicle spotchecks:

• Vehicle prohibited from continuing the journey until load is properly secured.
• Traffic violation report with monetary fine and three points on the licence.

Road traffic accident due to insufficiently secured load:

• If there was only material damage: Traffic violation report with monetary fine and three points on the licence.
• If someone was injured or killed: Criminal charge with monetary fine or imprisonment.

Liability claims:

• For third party damages: Liability according to article 823 BGB (German civil code), compensation.
• For own damages: Article 254 BGB may apply (contributory negligence) and reduce claims against the insurance company.
• For damages to the cargo: Liability for damage to goods according to HGB (German commercial code).