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Legal Update: Changes in the DVSA’s load security guidance

Road Legal
Each year, the Driver and Vehicle Standards Agency (DVSA) encounters approximately 2,000 vehicles with insecure loads.
(Image credit: AdobeStock_500690697 By GRAFISPHOS)

In December 2024, the DVSA issued further guidance for operators, drivers and companies loading vehicles to ensure all loads are transported safely. These changes include:

• A new section emphasising the importance of risk assessment in managing load security challenges.

• Clarification on covering loose loads and how a risk assessment can be used to inform this decision.

• Guidance on how operators and drivers can ensure compliance with the UK regulations.

• A new section on securing asbestos waste.

• A section on securing precast concrete sections.

Should the DVSA encounter a vehicle with an insecure load, drivers may face fixed penalties while operators and drivers could be subject to prosecution. In addition, the traffic commissioner will view this as a breach of undertaking, so is empowered to take action against the operator’s licence.

The issue of load security is especially highlighted by the tragic story of Harry Dennis, an 11-year-old boy, who sadly lost his life in 2022 due to an insecure load.

The driver in this matter pleaded guilty to death by dangerous driving and was sentenced to four years in prison. In this case, the driver had admitted he had not received any training on load security for 15 years.

This tragic incident is a reminder to all operators that they are under an obligation to ensure that staff are properly trained on load security and fully aware of the appropriate action to take should they discover their load is insecure. A proactive approach to risk assessment is essential to prevent further tragedies.

This guidance should also be read alongside the Guide to Maintaining Roadworthiness, which also offers clear instructions on the importance of daily walkaround checks and inspections to ensure a vehicle is safe to drive.

All operators must familiarise themselves with this guidance and implement systems to ensure their drivers have the confidence and knowledge to load vehicles safely and correctly.

Prioritising driver health

The industry relies on skilled, alert drivers to ensure safety and efficiency. However, long hours, irregular shifts and the demands of the job can take a toll on driver health. Certain medical conditions – especially those that often go undiagnosed – can affect concentration, reaction times and overall performance behind the wheel, increasing risks for drivers and road users.

Sleep apnoea is a condition that causes interrupted breathing during sleep, leading to persistent fatigue and reduced alertness. It is particularly concerning in an industry where drivers need to remain focused for extended periods. Similarly, unmanaged diabetes and high blood pressure can impact wellbeing and ability to perform safely.

For fleet operators, prioritising driver health goes beyond regulatory compliance – it improves road safety and operational efficiency. Investing in routine health screenings helps reduce accident risks, enhance driver wellbeing, and maintain a productive workforce. Early detection of medical conditions allows for intervention, reducing incidents and helping driver wellbeing.

Are your employees losing holiday entitlement in 2025?

In the leave year 1 April 2024 to 31 March 2025, there were only seven bank holidays due to Easter’s late occurrence. This therefore could have left some employees short on their entitled leave days.

The first port of call is to look at the employment contract. If the contract stipulates 28 days, including bank holidays, then these workers will have had seven bank holidays off work and 21 days’ holiday. No issue here.

However, if the employment contract refers to 20 days, plus all bank holidays, then these workers will only have received

27 days off – taking them below the statutory minimum under the Working Time Regulations. For more information visit www.tinyurl.com/ap34dbe8.

This page is brought to you by Backhouse Jones Solicitors, which runs a frequent series of podcasts – see www.tinyurl.com/2xbv3jzv

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