Rules for Loading and Unloading Goods in Spain

In view of rising fuel prices following Russia's invasion of Ukraine and the serious consequences for the transport sector, Spain introduced measures intended to ensure the sustainability of road freight transport. In response to a longstanding demand from transport associations, a Royal Decree-Law was adopted amending the thirteenth additional provision of Law 16/1987 of 30 July 1987 on land transport regulations, prohibiting drivers of goods vehicles with a maximum authorised mass exceeding 7.5 tonnes, whether self-employed or employed, from participating in loading and unloading operations carried out in Spain involving goods, packaging, containers or crates.

Similar regulations have already been adopted and implemented in other countries, including Portugal. Although the measure was approved in Spain in March, its implementation was postponed to allow companies, particularly loading and unloading facilities, time to prepare. The new rules therefore entered into force on 2 September 2022.

As a result of these legislative changes, drivers of vehicles exceeding 7.5 tonnes generally must not carry out loading or unloading operations. Several exceptions are provided for the following specific situations:

• Removal services and furniture storage transport;
• Tanker transport;
• Transport of aggregates, or transport using tipper vehicles or vehicles equipped with cranes or other equipment integral to the vehicle for loading and unloading;
• Transport using vehicles and cranes for roadside assistance;
• Transport of bulk cargo, parcels and other similar types of transport;
• Transport of live animals;
• Cases in which regulations governing specific types of transport expressly provide otherwise with regard to driver participation.

Any of these exceptions may be applied only if the driver's safety is guaranteed. The Royal Decree-Law also amends Article 20 of the law governing contracts for the land transport of goods. Under the revised provision, loading and unloading are to be carried out at the expense of the sender and recipient, unless, before the vehicle actually arrives for loading, the parties agree in writing that the carrier will perform these operations for an additional charge. The agreed remuneration must appear separately from the transport charge on the invoice. The sender and/or recipient are responsible, respectively, for stowing and unloading goods on board the vehicles, unless these obligations have been expressly assumed by the carrier. Where the parties agree in writing that the carrier will perform loading and unloading operations, a person other than the driver must carry out those tasks, except where one of the above exceptions applies.

The prohibition on loading and unloading also applies to drivers of foreign transport companies operating in Spain. The Royal Decree-Law extends the penalty system under the land transport regulations. In this connection, Fenadismer, a well-known Spanish road hauliers' association, reminded operators that companies which disregard or fail to comply with the new rules may face fines of up to EUR 4,600.