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Message: <blockquote data-quote="Well-Known Member" data-source="post: 5949638" data-attributes="member: 85066">Correct.Issue 2: § 393.102(d) – Equivalent means of securement.Agency Policy: The means of securing articles of cargo areconsidered to meet the performance requirements under§393.102(a) if the cargo is:1. Immobilized; or2. Fills a sided vehicle that has walls of adequatestrength, and each article of cargo within the vehicleis in contact with, or sufficiently close to a wall orother articles, so that it cannot shift or tip if thosearticles are also unable to shift or tip; or3. Secured in accordance with the applicablerequirements of §§393.104 through 393.136.Discussion: Currently, §393.102(d) states that loads thatare immobilized, or secured in accordance with theapplicable requirements of §§393.104 through 393.136 areconsidered to meet the performance requirements. Certainindustry groups believe §393.102(d) should be revised toprovide a third option regarding equivalent means ofsecurement that would satisfy the performance criteria.They believe that if the cargo fills a sided vehicle equippedwith walls of adequate strength, and each article of cargois positioned so it does not shift or tip inside the vehicle,the loading arrangement or securement system should be considered to satisfy the performance requirements under §393.102.FMCSA intended the term “immobilized” to be construedto include what the industry recommends as a third option.However, the agency acknowledges that the absence of anexplicit reference to situations in which the cargo fills asided vehicle may result in inconsistent enforcementpractices. Therefore, enforcement officials should construethe rule to mean that when cargo fills a sided vehicle withwalls of adequate strength, it is considered to meet theperformance criteria. </blockquote>

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