The CETM has made it clear that, except for the stated exceptions, the driver may not carry out loading and/or unloading, even if the haulier agrees to do so. This has been approved by the Council of Ministers in the Transport Decree Law, which includes the loading ban as one of its main measures.
However, the law allows these tasks to be carried out by the haulier if agreed in writing with the customer, but the CETM stresses that they must be carried out by personnel other than the driver. This was already permitted in Law 15/2009 on the contract of carriage of goods by road. What the current Decree Law does is to establish that if the carrier performs these tasks, it must be recorded in writing and reflected in the invoice.
The text establishes that the tasks of loading and unloading the goods onto the vehicles will be the responsibility of the shipper and the consignee, respectively, unless it is agreed in writing before the vehicle is presented for loading that these tasks are the responsibility of the carrier in exchange for an additional payment to the price of the transport. If this agreement is not made in writing, it is assumed that it has not been agreed. If the carrier performs these tasks, the agreed additional payment must appear on the invoice separately from the transport price.
However, there are eight exceptions that you should be aware of:
It is important to remember that the Decree Law establishes eight exceptions to the prohibition of the driver performing loading and unloading tasks, which are related to work that is understood to be part of the transport work. These are the services which are authorised to carry out loading and unloading:
1) The carriage in tank vehicles.
2) The transport of removals and furniture storage.
3) The transport of aggregates or in vehicles equipped with loading and unloading devices, such as cranes or tippers.
4. carriage in vehicle carriers and roadside assistance cranes
(5) Break-bulk transport between the distribution centre and the point of sale, parcel services and similar services involving the collection or delivery of consignments of goods which can be easily handled by one person. Break-bulk transport is considered to be that which requires prior handling, grouping, sorting or other similar operations.
6) Transport of live animals, at control posts approved in accordance with Community legislation, without prejudice to the responsibilities laid down in the regulations on the protection of animals during transport.
(7) Cases where the rules governing certain types of carriage specifically provide otherwise in relation to the involvement of the driver.
8) Cases established by regulation, provided that the safety of the driver is guaranteed.
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