Obligations regarding load securing

The provision on the transfer of duties in Section 9(2) No. 2 of the OWiG (Act on Administrative Offences) enables an entrepreneur to transfer any duty incumbent upon him to any person. This also applies to the issue of load securing. This is particularly the case when the duties incumbent upon him as the owner of the business are so numerous and complex that he is unable to perform them himself in detail. Effective delegation of duties requires compliance with certain criteria: There must be an ‘express’ assignment by the entrepreneur in such a way that the duties are performed ‘on one's own responsibility’ (Section 9 (2) No. 2 OWiG) and the transfer must be within the bounds of what is socially acceptable. This means within the bounds of what is generally customary in the division of tasks and duties in the modern economy based on the division of labour.