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This mistake could cost your haulage business €5,000. And Germany’s not messing around

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Improperly secured cargo poses not only a safety risk but also a significant financial threat. In several EU countries, fines for this offence can amount to thousands of euros. Legal experts at TC Law Firm share advice on how to avoid such costly mistakes.

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Road accidents and incidents caused by unsecured or poorly secured cargo occur every year across the European Union. While awareness among carriers is growing, national regulations are becoming increasingly detailed and stringent. Non-compliance can lead to serious consequences, from hefty fines to driving bans until the load is properly secured.

How to properly secure cargo

“Most EU member states require that cargo is positioned on the vehicle in a way that does not endanger people or goods. It must not protrude from the vehicle (e.g. tied to the rear) or risk falling off. It is also advisable to check the cargo securing system regularly during transit, where possible. The first check should ideally take place a few kilometres into the journey, at a safe stop,” explains Maurycy Kieruj, a lawyer at TC Law Firm.

Lashings should also be rechecked after sudden braking, unusual manoeuvres, or partial loading and unloading. For general cargo – common in distribution transport – extra care should be taken to re-secure any goods left in the loading space.

Standards worth knowing

According to TC Law Firm, cargo securing should comply with relevant ISO and EN standards, which define required securing forces, structural strength, and equipment guidelines:

  • EN 12195-1 – Calculation of lashing forces
  • EN 12195-2 – Load securing straps
  • EN 12195-3 – Lashing chains
  • EN 12640 – Anchorage points
  • EN 12642 – Securing loads on road vehicles

Fines reaching thousands of euros

Improperly secured cargo can result not only in damaged goods but also in substantial financial penalties for both the carrier and the driver.

“Germany has the strictest approach – the penalty can be up to €5,000 for the company and €120 for the driver. In most EU countries, however, both the carrier and the driver are held jointly and severally liable, meaning fines of several hundred euros can be imposed until the load is secured properly,” says Maurycy Kieruj of TC Law Firm.

Country Legal basis Driver fine Carrier penalty Other sanctions
Germany §22, §23 StVO; §31 StVZO; OWiG €35–€120 Up to €5,000 Penalty points; driving ban
France Code de la route art. R312-19; Arrêté 1999 €135–€750 Joint liability Driving ban until resolved
Italy Codice della Strada art. 164; Circolare MIT €85–€338 Repeated violations penalised Driving ban until resolved
Netherlands RVV1990; Directive 2014/47/EU implemented €370 Possible liability Driving ban until resolved
Romania Codul Rutier; OG no. 43/1997; HG no. 69/2012 ~€60–€120 ~€200–€800 Driving ban until resolved

Inspections in EU countries – what you should know

Germany
According to TC Law Firm, Germany’s Federal Office for Logistics and Mobility (BALM) conducts especially rigorous inspections. While submitting EN 12195-1 calculations is not mandatory, having the documentation ready can play a key role during inspections.

France
In France, inspections are carried out not only by road authorities but also by the police, gendarmerie, and regional DREAL officers. Checks are performed on the road and in parking areas, with EN 12195-1 commonly used as a benchmark.

Italy
Italian inspections are handled by the Polizia Stradale and Motorizzazione. “These are increasingly carried out on major roads, and we strongly recommend having documentation of securing forces,” adds the law firm.

Romania
In Romania, the Road Police (Poliția Rutieră) and ARR carry out inspections, particularly at borders and along key transport corridors. Inspectors focus on the quality and suitability of securing methods.

How to avoid costly mistakes

Understanding and complying with local regulations is essential for every haulier. Inspection practices and interpretations of EU standards may vary from country to country.

“Irregularities can disrupt transport schedules and result in contractual penalties, such as for delays. If a penalty appears unjustified, the carrier should appeal to the relevant authority – something a specialised law firm can assist with,” notes Maurycy Kieruj.

European Commission wants mandatory cargo securing checks

In April this year, the European Commission unveiled a package of reforms to update EU vehicle roadworthiness regulations. One proposed change is the mandatory checking of cargo securing during every roadside inspection.

Under the draft rules, inspectors will have to confirm that cargo can “only move minimally” relative to itself, the vehicle walls, or floor – even during emergency braking or while on a ramp. Cargo must not fall from the vehicle or shift beyond the loading surface.

To ensure consistency, member states will be required to train road inspectors specifically on cargo securing. The aims of the reform are to improve road safety, reduce emissions, and increase enforcement efficiency through digital tools.

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