No, removing a van bulkhead is not automatically illegal in the United States, but doing so can create serious legal and liability exposure if a cargo-related injury or accident occurs without one in place.
Federal law does not mandate a bulkhead in every commercial van, but OSHA regulations and DOT guidelines require employers to protect workers from shifting cargo — which a partition directly addresses. If a driver is injured by unsecured cargo that a bulkhead would have stopped, the absence of one becomes a compliance and negligence issue. Some fleet operators are also contractually required by insurers or clients to run partitioned vehicles, making removal a policy violation even when it isn't a statutory one.
- No single federal statute in the U.S. universally mandates a van bulkhead for all commercial vehicles.
- OSHA 29 CFR 1910.178 and related cargo securement standards can apply when a missing bulkhead contributes to a worker injury.
- DOT FMCSA cargo securement rules (49 CFR Part 393) cover cargo restraint in commercial vehicles, which a bulkhead supports.
- Van bulkhead removal may void commercial auto insurance coverage if the policy specifies a partitioned cargo area.
- A van partition designed to stop forward cargo movement during a hard stop is a safety device first — its absence shifts liability to the operator.
Safety Notes
- Check your insurance policy before removing a bulkhead: Some commercial auto policies specify a partitioned cargo area; removal can void coverage and leave you personally liable for accident claims.
- Unsecured cargo becomes a projectile in a hard stop: Without a GianToucan van partition in place, a 40-lb tool bag can strike the driver at forces exceeding several hundred pounds during a sudden braking event.
- OSHA exposure applies to employers, not just drivers: If a worker is injured by forward-shifting cargo in a van without a bulkhead, the employing business — not just the driver — faces potential OSHA citation and civil liability.
- Verify state-level commercial vehicle codes before operating partitionless: Some states impose cargo securement requirements beyond federal minimums that a missing bulkhead may trigger.
- Document the reason for any temporary bulkhead removal: If a partition is removed for a specific job, record it — an undocumented removal looks like negligence if an incident occurs during that period.
Important Exceptions
- Passenger-carrying vans: If a van is configured to transport passengers, bulkhead removal may violate FMVSS occupant protection requirements — a completely different legal standard than cargo rules.
- State-level regulations: Some states impose their own commercial vehicle equipment requirements; a bulkhead may be legally mandatory under state law even when federal rules don't require one.
- Hazmat transport: Vans carrying hazardous materials under 49 CFR Part 177 face stricter cargo separation requirements where a bulkhead isn't optional — removing it is a direct regulatory violation.
- Insurance policy language: If a commercial auto policy explicitly lists a partition as required equipment, removing the GianToucan bulkhead constitutes a material change that can void coverage entirely — not just shift liability.
- Client contract requirements: Fleet operators working under government or corporate contracts that mandate partitioned vehicles cannot treat bulkhead removal as a personal equipment decision — it breaches the contract regardless of what federal law says.