C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 393—PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION › Subpart I—Protection Against Shifting and Falling Cargo

49 C.F.R. § 393.102

Minimum performance criteria for cargo securement devices and systems

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(a) Performance criteria—(1) Breaking strength. Tiedown assemblies (including chains, wire rope, steel strapping, synthetic webbing, and cordage) and other attachment or fastening devices used to secure articles of cargo to, or in, commercial motor vehicles must be designed, installed, and maintained to ensure that the maximum forces acting on the devices or systems do not exceed the manufacturer's breaking strength rating under the following conditions, applied separately:

(i) 0.8 g deceleration in the forward direction;

(ii) 0.5 g acceleration in the rearward direction; and

(iii) 0.5 g acceleration in a lateral direction.

(2) Working Load limit. Tiedown assemblies (including chains, wire rope, steel strapping, synthetic webbing, and cordage) and other attachment or fastening devices used to secure articles of cargo to, or in, commercial motor vehicles must be designed, installed, and maintained to ensure that the forces acting on the devices or systems do not exceed the working load limit for the devices under the following conditions, applied separately:

(i) 0.435 g deceleration in the forward direction;

(ii) 0.5 g acceleration in the rearward direction; and

(iii) 0.25 g acceleration in a lateral direction.

(b) Performance criteria for devices to prevent vertical movement of loads that are not contained within the structure of the vehicle. Securement systems must provide a downward force equivalent to at least 20 percent of the weight of the article of cargo if the article is not fully contained within the structure of the vehicle. If the article is fully contained within the structure of the vehicle, it may be secured in accordance with § 393.106(b).

(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 articles, so that it cannot shift or tip to the extent that the vehicle's stability or maneuverability is adversely affected; or

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

[71 FR 35832, June 22, 2006, as amended at 78 FR 58484, Sept. 24, 2013]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1991–2021 · leading case: Pouliot v. Paul Arpin Van Lines, Inc., 292 F. Supp. 2d 374 (D. Conn. 2003).
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Pouliot v. Paul Arpin Van Lines, Inc., 292 F. Supp. 2d 374 (D. Conn. 2003). “107 (Applies alcohol use restrictions for “drivers” to all safety-sensitive functions, which include as separate activities “[a]ll time spent at the driving controls of a commercial motor vehicle in operation” and “[a]ll time loading or unloading a vehicle”); 49 C.F.R. § 393.102…”
Mosser v. Fruehauf Corp., 940 F.2d 77 (4th Cir. 1991). “She claims that Fruehauf failed to conduct any strength or durability tests on the aluminum side rail assemblies before suit was filed in this case and that tests conducted after suit was brought showed the pocket to fail at 8,800 pounds, well below the 16,200 pounds required by…”
Moorehead v. Ryder Truck Rental, Inc. (N.D. Ga. 2021). · cites it 2× “) For example, 49 C.F.R. § 393.102 , which sets forth the “minimum performance criteria for cargo securement devices and systems,” states: The means of securing articles of cargo are considered to meet the performance requirements of this section if the cargo is: (1)…”
Texas Specialty Trailers, Inc. J. Marvin Williams, Jr. & Richard Kellerman D/B/A JK Trucking v. Jackson & Simmen Drilling Co. & Lexington Ins. Co. (Tex. App. 2009). “13 … See 49 C.F.R. § 393.102 (a) (2008). 0.8g signifies the force exerted by eighty percent of the weight of the load.”
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