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Responsibility for load securing
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Aktualisiert am: 09.08.2025
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Responsibility for load securing
Who is responsible for securing loads properly?
The German Insurance Association (GDV) estimates that poorly secured loads cause between €200 million and €300 million worth of damage to freight and lorries in Germany alone every year. Added to this is damage to the health and vehicles of other road users and to the environment. Around 25 per cent of all traffic accidents involving heavy goods vehicles are caused by inadequate load securing. The absence of or improper load securing in trucks, for example, is an administrative offence that is usually punished with a fine of less than £100 and penalty points during a traffic check. However, if damage to life, limb or property of other persons occurs, the carrier or owner of the commercial vehicle may face severe prison sentences in some cases. But who is responsible for adequate load securing, and which laws and regulations apply to the loading and transport of cargo in lorries?
Applicable laws and regulations governing responsibility for load securing
Load securing: the responsibility of shippers and consignors
According to Section 22 of the Road Traffic Regulations (StVO), loads in vehicles, such as lorries, must be secured in such a way that they cannot fall over, roll, slip or cause noise during evasive manoeuvres or emergency braking. Overloading must also be avoided when loading. Measures suitable for securing different types of loads in vehicles are described in VDI Guideline 2700. According to Section 22 of the StVO, both the driver and the shipper are responsible for ensuring that loading, transport and unloading are carried out in a manner that is safe for traffic. According to the StVO, this means that not only the driver is responsible, but also any person who has been commissioned by the sender or consignor (carrier) or recipient as the shipper to carry out the loading or unloading of the vehicle. The StVO regulation defines the shipper as the person who, as the ‘shipper's representative’, is authorised to make independent decisions regarding the loading of the truck. The transport company (vehicle owner, shipper, carrier) must ensure that drivers and shippers are familiar with the applicable guidelines for load securing (StVO, VDI 2700) in the vehicle and are able to implement them responsibly in accordance with their duties. This means that vehicle owners and the company providing the loading personnel are obliged to ensure that drivers and personnel are trained and are responsible for providing the appropriate means of securing loads (in accordance with DIN EN) at all times during loading in order to ensure road safety.
Penalties and liability in accordance with the German Civil Code (BGB), German Commercial Code (HGB) and Road Traffic Regulations
Violations of the proper securing of transported goods are considered administrative offences under the Road Traffic Regulations and are punishable by fines and points in the Federal Motor Transport Authority's register, which usually affects the driver. In the event of damage to third-party property, life or limb, liability exists within the framework of Section 823 of the German Civil Code (BGB) (damages). In the event of damage to the load, the German Commercial Code (HGB) defines claims for damages. In this case, responsibility for the lack of load securing often also lies with the carrier, consignor or keeper of the vehicle.
