VDI Guideline on lashing

The VDI Guideline 2700 (issued by the VDI, Verein Deutscher Ingenieure, German Engineer Association) on load securing for vehicle transporters was updated in September 2024 and introduced without a transition period. Although VDI guidelines are non-binding recommendations, they have caused significant challenges within the vehicle logistics industry.

ECG has addressed this important issue for its members in the vehicle transporter sector and has engaged the German law firm Graf von Westphalen to assess the legal situation. The main points are the following:

• Non-Binding Nature: The VDI guidelines are non-binding recommendations. They are not state law, and non-compliance does not in itself constitute a legal violation as long as the statutory requirements for load securing under § 22 (1) StVO are met.
• Load Securing and Presumption of Compliance: Adhering to the VDI guidelines generally creates a presumption that load securing is in order. However, if a transport operation does not follow these guidelines, it does not automatically imply non-compliance with legal standards – adequate load securing may still be achieved.
• Annual Certification Requirement: The annual inspection and documentation requirement for load securing components specified in the VDI guidelines is also a non-binding recommendation. It cannot be imposed as a legal obligation without a sufficient statutory basis and may even be constitutionally questionable if enforced unilaterally.
• Official Inspections and Penalty Assessments: During official inspections, any objection or penalty based solely on failure to observe the VDI guidelines would be legally unfounded if the actual load securing complies with the statutory requirements. Authorities must assess the actual safety of the load rather than relying only on the guidelines.
• Contractual Implications: Since the VDI guidelines are not legally binding, their enforcement in the context of vehicle transport depends on explicit contractual agreements. Clients may only require compliance with these guidelines if such obligations are contractually stipulated. Without such an agreement, transport contractors are not obliged to follow the VDI recommendations beyond the statutory requirements.

ECG is gathering information about how the police are handling this situation and asks its members to report any issues they encounter either during police inspections or at loading and unloading sites. Please use this form to report on any events which may occur. We will keep all received input from LSPs confidential.

ECG organised an open webinar on 24 September 2024, with over 200 participants, to discuss the regulation and to facilitate questions to VDI, the certification company TÜV Süd, and the specialized trailer manufacturers Kässbohrer, Lohr, RIMO and Rolfo. The recording of the webinar can be visualised via the link below. To further assist its members, ECG has compiled questions received durint the webinar into a document, now available for reference. ECG also stated their point of view in a press release dated September 2024.

TÜV SÜD Auto Plus GmbH has been working on informative flyers to inform LSPs about the changes to come and the way to prepare for them. They are available in German and English (March 2024).