CARGO & SECUREMENT

Robert Reed

Reed Transportation Service Inc.

Columbus, Ohio ©2008

HISTORY

No motor vehicle shall be driven unless the driver thereof shall have satisfied himself that the tailboard or tailgate, tarpaulins, chains (except ground or contact chains) ropes, stakes, poles, and the like, or any part of the load, are securely fastened to prevent dangling, flapping, swinging, or falling from side, end, or top of load. (Rule 10, 1.M.C.C 12/23/1936)

49 CFR Part 393 Subpart I Protection Against Shifting and Falling Cargo came into existence August 31, 1973. (38 FR 23522)

Subpart I encompassed 393.100 through 393.106.

Part 393 encompasses Parts & Accessories Necessary for Safe Operation.

392.9 Safe Loading was enacted September 23, 1971. (36 FR 18363)

HISTORY Cont.

All cargo does not have to be wedged immovably in the vehicle. The intent of the rule was not to impose that severe of a requirement. (37 FR 12641) June 27, 1972)

383.85 specified that cargo must be restrained by the sides, sideboards, or stakes and the rear end-gate, endboard, or stakes of the vehicle, by tie-down devices, or by similar means of protecting against shifting cargo. Carriers may chose any one of the three specified methods of preventing shifting or falling cargo in transit.

How‘s a cattle hauler tie-down his loads?

(36 FR 18862) 9/22/1971

NEW REGULATIONS

The modern uniform cargo regulations based upon the North American Standard for Protection Against Shifting and Falling Cargo Model Regulations came into effect as a FMCSA final rule September 27, 2002. (67 FR 61226)

The compliance date was January 1, 2004.

The FWHA issued advance notice of the proposed rule on October 17, 1996. (61 FR 54142)

The proposed rules were issued by FMCSA on December 18, 2000. (65 FR 79050)

The FMCSA final rules were amended on June 22, 2006 (71 FR 35819)

NEW REGULATIONS Cont.

Several cargo securement accidents in New York between 1990-1993 prompted a July 1993 House of Representatives hearing that led to the North American Load Security Research Project.

This was the basis for the North American Cargo Securement Standard Model Regulations.

These rules are applicable to all commercial vehicles. See CMV definition @390.5. (10,001LB. + GVWR)

The regulations are principally performance based.

The rules are primarily the same for the United States, Canada, and Mexico.

PERFORMANCE CRITERIA

Neither motor carriers nor enforcement officials will be able to determine vehicle performance capabilities.

The agency is adopting a single set of performance standards that would ensure that all loads are properly secured, regardless of the stopping capability or maneuverability of the vehicle.

The focus of the rules is crash avoidance-type cargo securement rules, rather than crashworthiness cargo securement standards.

67 FR 61215 Final Rule, FMCSA Response 9/27/2002

PERFORMANCE CRIETERIA

Longitudinal, lateral, and vertical accelerations that cargo must withstand in non-crash conditions applied separately are as follows;

0.8g deceleration in the forward direction.

0.5g deceleration in the rearward direction.

0.5g acceleration in the lateral direction.

The values are based on analysis of previous studies of commercial vehicle performance.

Representatives of Government & Industry had a consensus on these limits that are similar to those of Great Britain, Europe, Australia and New Zealand

VELOCITY - SPEED

Acceleration is the rate at which the speed or velocity of an object increases.

Deceleration is the rate at which speed or velocity decreases.

These terms are commonly reported as a proportion due to gravity (g).

Velocity of an object dropped from a high elevation increases approximately 32.2 feet/second.

Cargo that is immobilized or secured in accordance with the general rules or the commodity-specific rules are considered to meet the performance criteria.

VALUES

The analysis of studies of CMV performance indicated that the highest deceleration likely for an empty or lightly loaded vehicle with an antilock brake system, all brakes properly adjusted, and warmed to provide optimal braking performance, is in the range of 0.8 -0.85g. However, a typical loaded vehicle would not be expected to achieve a deceleration greater than 0.6 g on a dry road.

The typical lateral acceleration while driving a curve or ramp at the posted advisory speed is in the range of 0.05g - 0.17g.

VALUES Cont.

Loaded vehicles with a high center of gravity roll over at a lateral acceleration above 0.35g.

Lightly loaded, or heavily loaded vehicles with a lower center of gravity, may withstand lateral acceleration forces greater than 0.50g.

0.5g in the rearward direction reflects from the vehicle backing slowly into the loading dock.

These forces take into account, braking, acceleration, climbing of hills, braking in reverse, traveling over bumps or cresting a hill.

FORCES

0.8g Forward Force = 80% of Cargo weight when driving straight ahead.

0.5g Rearward Force = 50% of Cargo weight when accelerating, shifting gears while climbing a hill, or braking in reverse.

0.5g Sideways Force = 50% of Cargo weight when turning, changing lanes, or braking while turning.

0.2g Upward Force = 20% of Cargo weight when traveling over bumps in the road or cresting a hill for vehicles that the cargo is not fully contained inside.

NACSS – Fundamentals of Cargo Securement (page 7)

TRUCK OPERATION

0.8g Deceleration in the forward direction and the 0.5g accelerations in the lateral and rearward directions represent the most extreme operating conditions short of a crash. (70 FR 33435) 6/8/2005

Normal driving = the maximum acceleration that a driver might expect from hard braking or a turning maneuver (71 FR 35823) 6/22/2006

FMCSA has not eliminated the requirement that cargo securement systems and devices not fail under the maximum performance capabilities of the vehicle. (71 FR 35824) 6/22/2006

The cargo must remain secured on or in the transporting vehicle under all conditions that could reasonably be expected to occur in normal driving including emergency situations, except a crash.

(NACSS Handbook page 3)

BRAKING

About 85% of all brake applications for heavy vehicles occur during normal driving, and result in decelerations under 0.19g. A deceleration above 0.3g is quite a hard stop. Only about 0.11% of all brake applications exceed 0.4g.

NHTSA data on 216 vehicles (200 ABS truck tractors) accumulated over nearly 600,000 hours (two years) and 18 million miles of tractor operation. In 13 million brake applications brake pressures of 15 psi. or less (light braking) accounted for approximately 84% of the total braking time recorded. 10% of the brake applications were between 15 & 20 psi. and almost all the remaining brake applications were below 45 psi, (moderate to hard braking). Only 0.02% of the total braking time was at 75 psi. or greater.

No deceleration levels above 0.47g were measured in the more than 13 million brake applications.

CRITERIA APPROPRIATE

For many years a 0.6g deceleration was the best that could be attained. However, today’s truck tires and brakes are more capable than ever before. In discussions with tire, brake and vehicle manufacturers there was an agreement that the g forces defined in the proposal are now achievable. While these forces will rarely reach the 0.8g forward, 0.5g rearward and 0.5g lateral values, they can be achieved and so should be expected under certain non-crash conditions. Therefore we accept the new values.

American Trucking Associations (ATA) comment

(Federal Docket 97-2289-70 & 67 FR 61214 )

FMCSA - TERMS

Direct Tiedown - is one that is intended to provide direct resistance to potential shifting of an article being transported. A direct tiedown may be attached to an article and to an anchor point on the CMV, or it may be attached to an anchor point, go around or through an article, then be attached to another anchor point.

Indirect Tiedown - is one that is intended to increase the pressure of an article or stack of articles on the CMV. An indirect tiedown is attached to the vehicle, runs directly over or through an article, then is attached to another anchor point on the other side of the article, and is tightened.

Federal Register Vol. 65 No. 243 page 79055 & FMCSA Driver Cargo Securement Handbook

FMCSA - DEFINITION

Immobilized – not an absolute – does not mean that shifting of cargo is not permitted under any circumstances, which the Agency acknowledges is impracticable under real-world operating circumstances.

This also conflicts with 393.100 (c) which states that “cargo must be contained, immobilized or secured – to prevent shifting upon or within the vehicle to such an extent that the vehicle’s stability or maneuverability is adversely affected” .

Language added to 393.102 (c) (1) and (2).

(71 FR 35822) 6/22/2006

CARGO SECUREMENT DEVICES & SYSTEMS

393.104 (a) General. - All devices and systems used to secure cargo to or within a vehicle must be capable of meeting the requirements of 393.102 Minimum Performance Criteria.

393.104 (f) (3) Each tiedown must be attached and secured in a manner that prevents it from becoming loose, unfastening, opening or releasing while the vehicle is in transit.

393.112 Tiedown must be able to be tightened by the driver while in-transit

Tiedown – A combination of securing devices which forms an assembly that attaches articles of cargo to, or restrains articles of cargo on, a vehicle or trailer, and is attached to anchor point(s).

Anchor point – Part of the structure, fitting or attachment on a vehicle or article of cargo to which a tiedown is attached.

SECUREMENT DEVICES & SYSTEMS

393.104 (C) Vehicle structures and anchor points. Vehicle structures, floors, walls, decks, tiedown anchor points, headerboards, stakes, posts, and associated mounting pockets used to contain or secure articles of cargo must be strong enough to meet the performance criteria of 393.102, with no damaged or weakened components, such as, but not limited to, cracks or cuts that will adversely affect their performance for cargo securement purposes, including reducing the working load limit.

Working load limit (WLL). – The maximum load that may be applied to a component of a cargo securement system during normal service, usually assigned by the manufacturer of the component.

393.102 (b) does not establish manufacturing standards

FMCSA - DEFINITIONS

Accident – The term accident does not include an occurrence involving only the loading or unloading of cargo. (49 CFR 390.5 Definitions)

Article of Cargo – A unit of cargo, other than a liquid, gas, or aggregate that lacks physical structure (e.g., grain, gravel, etc.) including articles grouped together so that they can be handled as a single unit or unitized by wrapping, strapping, banding or edge protection device(s).

Blocking – A structure, device or another substantial article placed against or around an article of cargo to prevent horizontal movement of the article of cargo.

FMCSA – DEFINITIONS Cont.

Sided vehicle. – A vehicle whose cargo compartment is enclosed on all four sides by walls of sufficient strength to contain articles of cargo, where the walls may include latched openings for loading and unloading, and includes vans, dump bodies, and a sided intermodal container carried by a vehicle.

Bracing. – A structure, device or other substantial article placed against an article of cargo to prevent it from tipping, that may also prevent it from shifting.

Shoring bar. – A device placed transversely between the walls of a vehicle and cargo to prevent cargo from tipping or shifting

*See 49 CFR 393.5 Definitions

VAN TRAILER

393.102 (c) (2) Transported in a sided vehicle does not mean the vehicle has to be completely filled from top to bottom, side to side, and from end to end.

FMCSA agrees that there are many loads that can be transported in a van type vehicle, using correct loading patterns, without any additional forms of securement. The agency never intended that the cargo securement rules require tiedowns on all articles of cargo transported in van type trailers, regardless of the type of cargo and loading arrangement.

The new regulatory language in 393.106 will ensure a performance-based approach to securing articles of cargo in van-type trailers. (67 FR 61215) 9/27/2002

VAN TRAILER Cont.

393.100 (c) Prevention against shifting of load. Cargo must be contained, immobilized or secured in accordance with this subpart to prevent shifting upon or within the vehicle to such an extent that the vehicle’s stability or maneuverability is adversely affected.

393.102 (c) (2) Equivalent means of securement. Transported in a sided vehicle that has walls of adequate strength, such that each article of cargo within the vehicle is in contact with, or sufficiently close to a wall or other articles, so that it cannot shift or tip to the extent that the vehicle’s stability or maneuverability is adversely affected; or

393.102 (c) (3) Secured in accordance with the applicable requirements of 393.104 through 393.136.

393.106 (b) General. Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage or dunnage bags, shoring bars, tiedowns or a combination of these.

67 FR 61226 71 FR 35831

VAN TRAILER Cont.

FMCSA has determined that parts of the final cargo securement rule were ambiguous as written. The proposed change to 393.102 (d) would clarify that van trailers carrying cargo need not use tiedowns so long as cargo is loaded in such a way as to prevent cargo from shifting and falling during transport. The rule as originally written could be read to imply that all trailers with walls for restraining cargo (such as van type trailers) would have to use tiedowns. FMCSA did not intend to impose the use of tiedowns on cargo loaded on trailers with sidewalls that are of adequate strength, and which are loaded in such a way as to prevent cargo from shifting or spilling during transport. (Regulatory Analysis and Regulatory Flexibility Analysis, May 2005, page 3, FMCSA-05-21259-1)

These statements are also repeated @ 70 FR 33432, June 8, 2005

MAJOR CHANGES -2006

393.110 (a) when tiedowns are used, instead of in addition to the requirements. (only applies if tiedowns are used)

393.110 (c) if an individual article is, instead of if an individual article is required. (only applies when other means of immobilization is being used)

393.106 (a) incorrectly referenced 393.122 through 393.142 when it should have made reference to 393.116 through 393.136.

393.106 (d) will resolve any remaining confusion regarding the process for determining the aggregate working load limit for a cargo securement system.

393.108 role of friction mats in cargo securement system.

393.104 (f) (4) original (2002) rescinded (attaching tiedown to rub rails not a violation) (new (f) (4) was (f) (5) edge protection)

393.118 concerning lumber and building products, tiers bundles and tiedown of middle bundles (on flatbed or platform trailers)

IMPRACTICABLE

Term used but not defined in the FMCSA regulations. (e.g. 392.9)

Thesaurus = not viable, unfeasible, unworkable, impossible, impractical

Antonym = viable

Definitions – 1. not possible: that cannot be carried out

effectively. (Encarda World English Dictionary 1998-2004)

2. incapable of being put into service (Harper Collins Webster’s

Dictionary 2003)

3. not practicable; incapable of being put into practice with

the available means (Dictionary.com Unabridged 9/13/08

4. impossible in practice to do or carry out (Compact Oxford

English Dictionary 2008 @ askoxford.com

SPECIFIED METHODS HISTORY

The three specified methods of securement in the 1971 regulations were as listed.

(1) Sides, sideboards, or stakes, and a rear endgate, endboard, or stakes

(2) Tiedown assemblies or dunnage

(3) Other means of protecting against shifting cargo which are similar to, and at least as effective as, those specified in subparagraph (1) or (2) of this paragraph. 393.85 (1) (2) (3) (36 FR 18862-18863) 9/23/1971

49 CFR 392.9 Safe Loading was improved 9/23/1971 (36FR 18863)

SPECIFIED METHODS REVISION

49 CFR Part 393.85 was reserved and became Subpart I – Protection Against Shifting or Falling Cargo @ 49 CFR Parts 393. 100 through 393.106 (38 FR 23522) 8/31/1973

(1) Option A – The vehicle must have sides, sideboards, or stakes, and a rear endgate, endboard, or stakes.

(2) Option B – Tiedown Assemblies

(3) Option C – (for vehicles transporting metal articles only) must confirm to either the rules of subparagraph (1) (2) or (4) or the special rules for transportation of metal articles in paragraph (c) of this section.

(4) Option D – The vehicle must have other means of protecting against shifting or falling cargo.

Steel hauling option was added to rules as method of securement. (38 FR 23522) 8/31/1973

MODERN STANDARDS

393.100 (a) Applicability. The rules in this subpart are applicable to trucks, truck tractors, semitrailers, full trailers, and pole trailers.

393.100 (b) Prevention against loss of load. Each commercial motor vehicle must, when transporting cargo on public roads, be loaded and equipped, and the cargo secured, in accordance with this subpart to prevent the cargo from leaking, spilling, blowing or falling from the motor vehicle.

393.100 (c) Prevention against shifting of load. Cargo must be contained, immobilized or secured in accordance with this subpart to prevent shifting upon or within the vehicle to such an extent that the vehicles stability or maneuverability is adversely affected.

67 FR 61226 9/27/2002

CARGO SECUREMENT DEVICES OR SYSTEMS

393.102 (a) Tiedown assemblies (including chains, wire rope, steel strapping, synthetic webbing, and cordage) and other attachment of fastening used to secure cargo:

393.102 (c) Equivalent means of securement. The means of securing articles of cargo are considered to meet the performance requirements of this section if the cargo is;

(1) Immobilized, such so that it cannot shift or tip to the extent that the vehicle’s stability or maneuverability is adversely affected: or

(2) Transported in a sided vehicle that has walls of adequate strength, such that each article of cargo within the vehicle is in contact with, or sufficiently close to a wall or other article’s, so that it cannot shift or tip to the extent that the vehicle’s stability or maneuverability is adversely affected: or

(71 FR 35832) 6/22/2006

MODERN CARGO SECUREMENT SYSTEMS Cont.

393.102 (c) (3) Secured in accordance with the applicable requirements of 393.104 through 393.136.

393.106 (a) The commodity-specific rules 393.116 through 393.136 take precedence over the general requirements of this section when additional requirements are given for a commodity listed in those sections.

FMCSA Response - We agree with the principle that it is important to ensure that shippers, carriers and drivers use the proper tools and techniques to secure cargo. (67 FR 61216) 9-27-2002

Regardless of whether the FMCSR’s are applicable to shippers, they have a role in ensuring highway safety when they load containers for transport on the highway, and seal the containers, for whatever reason. (67 FR 61217) 9/27/2002

APPLICABILITY

The FMCSA’s and RSPA’s (hazmat) rules are complementary and motor carriers transporting hazardous materials must ensure compliance with both agencies’ rules, whenever applicable.

The agencys’ cargo securement rules have historically been applicable to the full range of cargo-carrying commercial vehicles subject to the FMCSR’s since the safety regulations were first issued more than 60 years ago. The rules are performance-based to the greatest extent practicable resulting in requirements that increase with the size of the articles of cargo, or the complexity of the load securement system necessary to ensure that the articles are properly secured.

(67 FR 61214) 9/27/2002

FMCSA RESPONCES

We continue to believe that it is necessary for drivers to inspect cargo securement systems because the amount of tension in the tiedown assemblies may decrease significantly after the driver begins operating the vehicle. Vibrations may cause the articles of cargo to shift slightly such that the tiedowns need to be readjusted to ensure that the articles do not fall from the vehicle, or shift to the extent that the vehicle’s stability is adversely affected.

(67 FR 61217) 9/27/2002

We have always understood that there are articles of cargo that require special means of loading onto commercial motor vehicles and recognized that the general cargo securement rules may not be appropriate when applied to the securement systems used for these articles. In many cases, if the general rules are applied to these loads, the articles of cargo may be damaged during transport to the extent that they could no longer be used for their intended purposes.

(67 FR 61218) 9/27/2002

OTHER ISSUES

Bills of Lading – 49 USC Subtitle X Chapter 801

Section 80113. Liability for nonreceipt, misdescription, and improper loading. This section discusses “shipper’s weight, load, and count” issues, “said to contain, contents or condition of contents of packages unknown” issues.

Section 80113 also discusses liability for improper loading and availability of weighing the freight, counting the freight and freight concealed by packages. (Pub. L. 103-272, Sec. 1 (e), July 5, 1994)

49 CFR 371 Brokers of Property – Records to be maintained for 3 years. (62 FR 15421) 4/1/1997

RELATED TERMS

Industrial or exterior packaging/load containment - Containers, drums, pails, cases, trays, boxes, racks, cages, bins, closures, bags, shrinkwrap/stretchwrap, adhesives, tape & tubes.

Unitizing of cargo – pallets, slipsheets, steel or plastic banding.

Sustainability/efficiency in manufacturing – is the way in which a product, materials, packaging and palletization methods impact space utilization, storage, transportation and distribution costs through the lifecycle supply chain. (www.packworld.com/whitepaper-24624)

Logistics – the part of the supply chain processes that plans, implements, and controls the efficient, effective flow and storage of goods, services, and related information from the point of origin to point of consumption in order to meet customer requirements. (The Management of Business Logistics 7th Edition) (2003)

LOGISTICS

Logistics interfaces with operations/manufacturing, production, finance, accounting & marketing.

Logistics scope of activities = Transportation in-bound and out-bound, storage (inventory & warehousing), industrial (exterior) packaging, material handling, inventory control & order fulfillment.

Safe Delivery - An order’s safe delivery is the ultimate goal of any logistics system.

Third-Party Logistics (3PL) = an external supplier that performs all or part of a company’s logistics functions.

(The Management of Business Logistics 7th Edition (2003)

COMMENT

Obligations & practices in loading, unloading, and transportation of cargo may depend upon the conditions, events, circumstances, environment, facilities, instructions, type of freight, type of equipment, contracts, agreements, Bill of Lading, company policies, shipper, receiver or broker policies or a combination of the above.

See ASTM D-5728, D-4675, D-4649 & SOP for standards involved.

Shipping Container – The shipping container (including any necessary blocking, bracing, cushioning, or waterproofing) shall comply with the regulations of the carrier used and shall provide safe delivery to the destination at the lowest tariff cost. (ASTM D-3951)

Unitization = Shipments should be considered for unitization where appropriate or specified. Unitization encompasses, but is not limited to, bundling, consolidation in a container, or placement on a pallet.

Shipping container & unitization terms are quoted from “Standard Practice For Commercial Packaging” – American Society for Testing and Materials (ASTM) D-3951

REFERENCES

DOT – FMCSA – Parts and Accessories Necessary for Safe Operation: Protection Against Shifting and Falling Cargo. Final Rule 6/22/2006. Docket No. FMCSA-2006-21259

DOT – FMCSA – Development of a North American Standard for Protection Against Shifting and Falling Cargo. Final Rule 9-27-2002. Docket No. FMCSA-97-2289

DOT – FMCSA – Parts and Accessories Necessary for Safe Operation: Protection Against Shifting and Falling Cargo. Notice of Proposed Rulemaking. Request for Comments 6/8/2005. Docket No. FMCSA-2005-21259

DOT – FMCSA – Regulatory Analysis and Regulatory Flexibility Analysis – May, 2005 FMCSA 05-21259-1

DOT – FMCSA – Development of a North American Standard for Protection Against Shifting and Falling Cargo – Proposed Rulemaking FMCSA Docket 97-2289 12/18/2000

FMCSA – Enforcement Memorandum MC-PSV – 12/31/2003

Title 49-Transportation - Docket No. MC-12: Notice No. 73-21

(38 FR Pages 23520-23524) 8/31/1973

Title 49-Transportation - Docket No. MC-12: Notice No. 72-7

(37 FR Pages 12640-12642) 6/27/1972

Title 49 – Transportation – Docket No. MC-12: Notice No. 71-28

(39 FR Pages 18862-18865) 9/23/1971

REFERENCES Cont.

www.fmcsa.dot.gov

www.regulations.gov

http://uscode.house.gov

www.gpoaccess.gov

www.askoxford.com

http://dictionary.reference.com

www.packagingdigest.com

www.packworld.com

www.astm.org

CVSA North American Standard Out of Service Criteria Handbook 4/1/2007

Ohio Commercial Driver License Handbook – CDL Testing Model 11/07

Grocery Manufacturers of America/Kraft – Video “ The principles of Damage Free Loading” 2002

ATSM Standards - D-3951, D-4649, D-4675 & D-5728

Federal Register Microfilm Review/Study @ State of Ohio Library – Columbus, Ohio

North American Cargo Securement Standard – Driver Handbook 11/2003

MORE INFORMATION

This reference material is established upon extensive research, training, use and practical experience of the Author. The regulations, laws, and standards of the industry along with a multitude of facts, research, publications, comments, history, background, curriculum, and news articles were used as resources. Due to ever-changing of regulations and standards this information carries no guarantees to correctness or completeness. The intended use for this reference material is for educational, training, and awareness purposes of the receiver or user. Comments are welcomed.

Robert Reed

Reed Transportation Service Inc.

Columbus, Ohio 614-853-0340

www.trucrite.7p.com ©2008 9-19-08