Question 2: Does the FMCSA have authority to enforce the safe loading requirements against a shipper that is not the motor carrier?
§392.9 Inspection of cargo, cargo securement devices and systems.
Guidance Q&A
Question 2: Does the FMCSA have authority to enforce the safe loading requirements against a shipper that is not the motor carrier?
Guidance: No, unless HM as defined in §172.101 are involved. It is the responsibility of the motor carrier and the driver to ensure that any cargo aboard a vehicle is properly loaded and secured.