Help Forum

Help requested posted on 28th April 2018:

Van roof top transport

Does anyone have precise legal guidance on the use of elasticated slings (eg bungie chords) for the securing of ladders and pipework on work vehicle roof racks? I realise that the risk assessments should be applied, however I am looking for precise clauses in Road Traffic or similar regulations or guidance.

John Logue

Reply to this request


Response posted on 29th April 2018 by:
Roy Brocklebank

E: Roybrocklebank@talktalk.net
T:

Van roof top transport

https://www.gov.uk/government/publications/load-securing-vehicle-operator-guidance/load-securing-vehicle-operator-guidance


Response posted on 29th April 2018 by:
Andy Garden

E: blueacorns@gmail.com
T:

Van roof top transport

Hi John, 'Sufficient' is one of the key words, if the load comes loose or off, then it's security was insufficient and the Regulation 100 (Dangerous/insecure load) Road Vehicle (Construction & Use) Regulations '86 would be complete. What you do to make it sufficient is a matter for you and there is no clear ways to secure any given load. The additional or alternative for the safe loads is also at https://www.gov.uk/government/publications/load-securing-vehicle-operator-guidance/load-securing-vehicle-operator-guidance. (Safe message slightly different format).
The securing must be sufficient to restraint 100% of the load from forward movement and 50% of the load side/rear ward movement.
Putting things on the roof give you two issues - security of the load onto the roof racks and security of the roof racks to the vehicle. If either fails then the offence is complete. You mention risk assessment - there are also the risks for the person's loading, unloading the items off the roof and then their ability to secure it. From a risk perspective, there are purpose made ladder mounts (Telephone companies being a good example) - that removes the risks almost completely and certainly better than bunngy straps. If we were looking at it in best practise / safety terms, I'd suggest bunngy straps alone would be down with balls of string and binder twine - they have no load ratings, by their nature they stretch (allow load movement), deteriorate when wet etc etc.


Response posted on 29th April 2018 by:
Derek C Donald

E: d.c.donald@btinternet.com
T: 01463792154

Van roof top transport

There may be something in -
http://www.legislation.gov.uk/uksi/1986/1078/contents/made
or
https://www.legislation.gov.uk/id/uksi/2015/142


Response posted on 30th April 2018 by:
David Rudd

E: david.rudd@essexhighways.org
T:

Van roof top transport

Hi John,

If you are looking for the relevant offences then my experience is that they are prosecuted as below. However, as with many offences it will be a matter of opinion of the officer dealing and ultimately a decision for the court to decide.

The Road Traffic Act 1991 states that:
a. A person is also guilty of using a vehicle in a dangerous condition if he uses, or causes or
permits another to use, a motor vehicle or trailer on a road when the purpose for which it
is used or the weight position or distribution of its load, or the manner in which it is
secured is such that the use of the motor vehicle or trailer involves a danger of injury to
any person.
THE MAX PENALTY FOR THIS OFFENCE IF COMMITTED IN RESPECT OF A GOODS
VEHICLE IS A 5000 FINE, PLUS 3 PENALTY POINTS AND DISQUALIFICATION
b. A person is to be regarded as driving dangerously if it would be obvious to a competent
and careful driver that driving the vehicle in its current state would be dangerous. In
determining the state of the vehicle for this purpose, regard may be had to anything
attached to or carried on or in it and to the manner in which it is attached or carried.
THE MAXIMUM PENALTY FOR DANGEROUS DRIVING IS 2 YEARS IMPRISONMENT.
THE MAXIMUM PENALTY FOR CAUSING DEATH BY DANGEROUS DRIVING IS 10
YEARS IMPRISONMENT.


Post a response to the above help request by completing the form below:

Your name
Your email
Your telephone (optional)
Subject
My response is:
Captcha: