Unsecured load on sealed trailer

I don't know if this helps or if it's applicable to the poster's query:

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=r49CFR393.100

Also:

http://www.fmcsa.dot.gov/rules-regulations/truck/vehicle/cs-policy.htm

 

Read (b)(4) In bold.

§392.9 Inspection of cargo, cargo securement devices and systems. (a) General. A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless—
(a)(1) The commercial motor vehicle’s cargo is properly distributed and adequately secured as specified in §§393.100 through 393.136 of this subchapter.
(a)(2) The commercial motor vehicle’s tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the commercial motor vehicle’s cargo, are secured; and
(a)(3) The commercial motor vehicle’s cargo or any other object does not obscure the driver’s view ahead or to the right or left sides (except for drivers of self-steer dollies), interfere with the free movement of his/her arms or legs, prevent his/her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the commercial motor vehicle’s cab or driver’s compartment.
(b) Drivers of trucks and truck tractors. Except as provided in paragraph (b)(4) of this section, the driver of a truck or truck tractor must—
(b)(1) Assure himself/herself that the provisions of paragraph (a) of this section have been complied with before he/she drives that commercial motor vehicle;
(b)(2) Inspect the cargo and the devices used to secure the cargo within the first 50 miles after beginning a trip and cause any adjustments to be made to the cargo or load securement devices as necessary, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from the commercial motor vehicle; and
(b)(3) Reexamine the commercial motor vehicle’s cargo and its load securement devices during the course of transportation and make any necessary adjustment to the cargo or load securement devices, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from, the commercial motor vehicle. Reexamination and any necessary adjustments must be made whenever—
(b)(3)(i) The driver makes a change of his/her duty status; or
(b)(3)(ii) The commercial motor vehicle has been driven for 3 hours; or
(b)(3)(iii) The commercial motor vehicle has been driven for 150 miles, whichever occurs first.
(b)(4) The rules in this paragraph (b) do not apply to the driver of a sealed commercial motor vehicle who has been ordered not to open it to inspect its cargo or to the driver of a commercial motor vehicle that has been loaded in a manner that makes inspection of its cargo impracticable.


BTW, check the weight as the driver is responsible for it. If overweight, bring it back.

Best regards

 

There was recently a lawsuit won by a driver. I believe it was in PA but not sure.
Went to federal appeals court and the driver won. It was determined that the shipper was required to insure that loads were secure when pre-sealed.

 

But there are some variables. The pecking order for liability is usually the carrier is number one unless the shipper assumes this responsibility by not allowing a carrier rep (Usually a driver) to inspect the load (Usually by sealing it, or by order), unless the defect in loading or securing is apparent (Example: the trailer is leaning or the sides bulged out etc.). Note that liability and a reg compliance are not always necessarily the same.

Best regards

 

Does this also apply when it's a pre-sealed hazmat load, which could include standard household items, and the load starts leaking something out the back of the trailer because the load shifted in transit? Isn't the driver ultimately responsible for that load? The way I see it, someone somewhere always has the driver by the short ones. And I'd be willing to bet that the clean up cost for a spill, however minute, would be passed on to the driver by the company.

Or say the driver, who works for a company and they have a stated policy that forbids the driver breaking the seal, picks up a pre-loaded trailer and he goes down the highway and then exits to fuel up. The off ramp is curved and the load shifts and causes the trailer to roll over causing an accident and someone sustains injuries. Do you think the driver won't be named in the lawsuit right along with the company, regardless what (b)(4) states? I've read enough lawsuits to know this happens.

 

Shippers and companies should be held to the same standards as the driver is. These two entities have got away with too much for too long in my opinion. I'm glad to see a shipper getting what they had coming to them, they need to be held accountable.

 

Concerning compliance with the regs, I know of nothing concerning haz-mat loads which would negate what is stated in §392.9(b)(4).

In almost every crash there is more than one factor. For instance if the driver doesn't know how his load is loaded and/or secured isn't he responsible to drive more cautiously, especially (But not limited to) taking curved off ramps? "Almost" all rollovers can be avoided. Did the driver take all necessary precautions to prevent it? If not then he "may" be held civilly liable. That's for the insurance/lawyers/courts to figure out. One can be in compliance with specific regs and still be held liable.

Best regards

 

All a driver can do is call his co. and ask permision to break seal then reseal it.If you think there might be a problem with the load and they wont let you break seal refuse load.

 

Illinois has and will break seals on Hazmat. They will fine the carrier preloaded or not.

What's funny is there is no load securement training at my company except for the flat beds.

Swift sent out a Qcom message about this subject. When you break the seal big bosses, shipper or the cops gotta be there to witness. And we were told it is the driver who is ultimately responsible

 

I always put on the BOL when I sign it. "Shipper Loaded, counted and Sealed." I don't want to take responsibility for something I never saw loaded.