From 2 September, drivers of goods vehicles with a gross vehicle weight of more than 7.5 tonnes will be completely banned from taking part in loading and unloading operations. Measures included in Royal Decree-Law 3/2022 approved last March, in development of the agreements reached between the Ministry of Transport and the hauliers’ associations in December.
This regulation applies to all drivers:
- Self-employed.
- Employed drivers.
- Foreign drivers who carry out transport in Spain.
Who can load or unload the goods?
There are a series of exceptions to the prohibition on loading and unloading for drivers of goods transport vehicles with a gross vehicle weight of less than 7.5 tonnes and those with their own goods. Drivers in the following cases will also be allowed to carry out these operations:
- Removal services.
- Services in tank vehicles.
- Crane services.
- Break bulk services. *
- Parcel and similar services.
- Live animal services.
*FRACTIONAL LOADING. Point e) of the thirteenth additional provision of the LOTT RD-Law 14/2022
Can any type of agreement be made for the driver to carry out the loading and unloading?
The answer is NO. The driver cannot carry out this type of act (except for the points mentioned above).
The haulier must have staff other than the driver, and this will be reflected in the price of the transport in a differentiated manner.
Fines can be up to €6000 for carriers, shippers and intermediaries.
The Royal Decree-Law in section three of article 1 creates an offence for cases in which the driver carries out loading and/or unloading operations outside the cases in which it is permitted.
If this happens, the responsibility would be on both the transport company and all those involved in the transport contracting chain.
