Recently, the prohibition of loading and unloading by the driver during medium or long distance road freight transport was approved. The Administration and cargo associations argued that the driver “carries on their shoulders their main activity of driving with hundreds of kilometers of travel per service, where road safety and the driver’s own safety can be seriously affected by performing an activity that does not correspond to them.”
The prohibition of loading and unloading by the driver is specified with the creation in the LOOT of the Thirteenth Additional Provision by Royal Decree-Law 3/2022, which warns that “drivers will be prohibited from performing loading and unloading operations when the GVW of the vehicle they are driving exceeds 7.5 tonnes“.
After its approval in early September, official explanatory statements have been appearing, which we would like to collect below.
Both the company to which the vehicle driver belongs and the shipper, sender, intermediary, and recipient are responsible for compliance with the law. The infraction will be penalized with a fine of between €4001 and €6000.
With the new law, the carrier could take charge of the loading and unloading operations, provided that it is put in writing, not carried out by the vehicle driver, and charged as a service separate from transportation. And under no circumstances can a freelancer continue to act as a driver and load or unload the goods.
The compliance with the law is the responsibility of both the company to which the vehicle driver belongs, as well as the loader, sender, intermediary, and recipient. The infringement will be penalized with a fine of between €4,001 and €6,000.
With the new law, the carrier could take charge of loading and unloading operations as long as it is put in writing, they are not carried out by the vehicle driver and are charged as a separate service from transportation. And under no circumstances may a self-employed worker continue to work as a driver and load or unload the goods.
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