Light vehicle load restraint

Correct load restraint for utility vehicles in Australia is a vexed issue with little definitive rule or regulation. In general it is enforced state by state, with most authorities doing little to adequately educate drivers, fleet managers and business owners.

For heavy vehicles, the National Transport Commission’s Load Restraint Guide (gazetted in 2004), covers everything from choosing the right vehicle to load distribution, load shifting, types of restraints, how to calculate restraint requirements and how to certify a load restraint system. While comprehensive, it’s not particularly helpful for a tradesman who just wants to comply with legislation, avoid unnecessary fines and prevent accident or injury.

Chances are that you are breaking the law every time you pull out of your driveway. Restraining loads is not just about making sure the cargo stays on, but also about making sure the load doesn’t shift in a way that makes the vehicle unstable or unsafe.

No matter which state you operate in, it is illegal to transport an unrestrained load on public roads; there is even an Australian Standard (AS/NZS 4345) for transport fibre rope used in cargo restraint. What is less certain is how the law actually defines ‘unrestrained’.

State-based legislation is ambiguous at best, and can be confusing to even the most experienced fleet manager. The European Union is leading the way, with Best Practice Guidelines on Cargo Securing for Road Transport. The detailed document covers all forms of vehicles and, although not legally binding, represents the accumulated views of a range of experts in the field.

Australia, however, has been slow to follow suit and at this stage has nothing that explicitly covers smaller vehicles, such as utilities or trailers. Industry bodies are being forced to formulate their own guidelines, which can lead to confusion and a lack of consistency across states and nationally.

What we do know

1. Loads must not exceed legal limits in relation to weight, length, height, width and rear overhang of vehicles.
2. Driving slowly and over a short distance won’t help — in fact, since it is easier for brakes to grab at low speed, there is also a greater chance of losing a load. Most load failures occur on metropolitan roads and over a short distance.
3. The weight of the load alone cannot provide enough friction — a heavy load is just as likely to fall off as a light load. Always use restraints.
4. Restraints need to be checked regularly: when the load settles, there may be a reduction in tension.
5. Different loads require different methods of restraint, as can different tray deck surfaces.
6. Similar items should be bundled together into a single, more stable unit.
7. Most headboards and loading racks are not strong enough to fully restrain heavy loads.
8. High and narrow items, such as stacks of smaller cartons, usually need more than one restraint.
9. Spaces and gaps between piles should be filled before restraining the load.

Specific light vehicle load restraint legislation and fines are state-based and vary somewhat across borders. All states reference the Heavy Vehicle Load Restraint Guide (2004) as the guiding principle, even when they do not specifically decree that it applies to vehicles until 4.5 t GVM.

Given there is no standard national legislation and load restraint falls somewhere between WH&S, state regulations and traffic laws, anecdotal evidence suggests individual police officers have different interpretations of the legislations and Load Restraint Guide.

Chain of responsibility

As well as the load restraint legislation and requirements, most states now follow National Model Chain of Responsibility laws that recognise the responsibilities that others have in the transportation of goods by road, beyond that of just the driver and operator.

Chain of Responsibility (COR) laws basically mean that if you consign, pack, load or receive goods as part of your business, you could be held legally liable for breaches of the Heavy Vehicle National Law (HVNL) and state legislations, even though you have no direct role in driving or operating a heavy vehicle. This serves to take away onus from the driver and ensures everyone in the supply chain shares equal responsibility for safe load restraint.

Given that legislation mainly refers to heavy vehicles, the penalties can be quite hefty — especially for corporations. Penalties for light vehicles such as utes, trailers and roof racks differ throughout the country and are often at the discretion of law enforcement officers.

What should you do?

Sole traders, remember: you have a responsibility to ensure your load is fully secure. If you employ or subcontract others, COR laws mean you also bear some responsibility to ensure their loads are secure.

Here are some basic guidelines:

• Choose a suitable vehicle for your load.
• Position the load correctly.
• Select and use suitable restraint equipment (it should be ‘rated’ for each application, be serviceable and functional and meet Australian Standards).
• Drive carefully, considering the load and the conditions, and regularly check your restraints.
• Provide adequate load restraint to prevent unacceptable movement during all expected and unexpected conditions of operation. The load restraint system must be capable of resisting each of the forces illustrated.

Further steps that can help you meet your obligations and limit risk:

• Although rope is not as suitable as tie-down straps, if you are relying on rope to secure your load, you need to ensure you have enough and that it is in good condition, it is certified, it is strong enough for your load and it meets the AS/NZS 4345 standard.
• Webbing straps are more effective than certified ropes.
• Nets and tarpaulins are generally an easy and effective way to retain lighter items.
• Make sure any tie-down lashings are rated and are as near to vertical as possible.
• Attach lashings at tie rail support points.
• Check and retighten restraints regularly.
• Protect ropes and other restraints from sharp edges.
• Make sure that loose bulk loads cannot fall or be blown off your vehicle.
• Avoid loading heavier items on top of lighter items.
• Utilise ‘fit for purpose’ and approved ladder racks, conduit carriers and pipe cages.
• Enclose smaller items in lockable compartments or toolboxes.
• Ensure toolboxes, service bodies and canopies are correctly fitted, serviceable and maintained regularly.

The National Transport Commissions Load Restraint Guide (2004) outlines the best ways to restrain and cover different types of loads. It provides practical information on how to restrain loads depending on the type of vehicle and the load’s size and weight. Using these methods guarantees both vehicle stability and load security. While not the only way to restrain a load, these methods meet the load restraint performance standards.

Image credit: © clearviewstock/Dollar Photo Club