Stowage: Regulations and controversy in Spain

Do you know what stowage is?

We assume so. But in addition, we are going to tell you data to take into account in relation to this issue and the controversy that the new regulations are triggering in the sector. The stowage is the placement and distribution of goods in a cargo transport unit, whether it is a container, a truck bed or a transport vehicle.Man riding a bull to transport some palletsOther terms appear around this definition that are essential to know to understand it. The restraint or lashing It is the set of techniques designed to prevent the movement of said goods during transport. And some responsibilities that someone must assume. In these cases, the company that prepares the goods in containers and packaging is responsible, and it is responsible for choosing the best and appropriate packaging for each type of transport. This responsibility will only change when the service of stowing and properly securing the cargo has been expressly contracted with a logistics operator.

Stowage legislation

Until very recently, there was no regulation on how to secure cargo on a truck. The only reference we found was in the General Traffic Regulations (RD 1428/2003) Art14. and I only mentioned observing “and only mentioned “the load must be securely fastened“..” Since June 2017, with the European transposition, as a European transposition, attempts to address these shortcomings. It came into force on 20 May 2018 and covers the following points:
  • Regulates the technical inspections that must be carried out on commercial vehicles in Spanish territory.
  • Annex III determines a series of technical standards that must be applied when securing truck loads. It includes and regulates, among others, the minimum number of moorings to be placed, the mooring capacity, and who bears responsibility in the event of an accident according to certain circumstances.

Controversy over the new regulations on stowage that places responsibility for violations on the driver

Fetransa wanted to record its concern with the extent to which the new standard contradicts transport legislation, in which it assigns responsibility for loading the goods into the vehicle to the loading company, and not to the driver, as this new standard attributes. Among other things, it has recommended including prior training on this subject both in the initial CAP and in continuing training. Thus, it would, in part, allow the driver to become aware and enable him to a certain extent to comply with the norm without the risk of incurring erroneous interpretations.

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Frequently Asked Questions about Stowage and Transport Regulation

What is stowage and why is it critical for businesses contracting freight transport?

Stowage: cargo placement, distribution and securing in vehicle per EU Regulation 561/2014 + EN 12195 Standard. B2B importance: 1) Poor stowage = accident risk (overturning, shifting). 2) Penalties €200-30K + joint liability. 3) Insurance coverage loss. 4) Damage to own or third-party cargo. 5) Disqualification from public contracts. For loaders: contract clause on correct stowage liability — falls under LCTTM to loader (not carrier) in most cases.

What are the main risks of poor stowage in road transport?

Five critical risks: 1) Vehicle overturn (35% serious road accidents from poor loading). 2) Own cargo damage (impacts, deformation). 3) Damage to other loads in multi-client trailer. 4) DGT fines €200-3,000 per irregularity. 5) Joint loader-carrier liability. Correct stowage: 1) Cargo distributed across axles (max 5T front axle, 11.5T rear). 2) Securing every 1.5m strap or angular. 3) Lateral immobilisation if stable loads. 4) Visible risk labelling.

What Spanish and European regulation governs stowage in road transport?

Main regulation: 1) EC Regulation 561/2014 — driver rest periods + weight limits. 2) EN 12195 Standard — cargo securing systems. 3) Royal Decree 1428/2003 — General Vehicle Regulation. 4) CETM Sector Regulation — sector stowage best practice. 5) CMR Standard (international cargo) — transport liability. For B2B: 1) CAP-trained driver. 2) Vehicle EN 12195 standard equipment. 3) Documented stowage procedure. Agency audit: ask for written protocol.

Who is legally responsible if stowage causes damage during transport?

Stowage liability per LCTTM + CMR: 1) Loader (my business): liable for stowage if executed directly or supervised. 2) Carrier: liable if accepts poorly-stowed load without objection. 3) Joint liability for both in accident — courts split per evidence. Essential contract clause: 1) Clear stowage liability definition. 2) Cargo acceptance or rejection procedure. 3) Photo documentation of cargo state. 4) Public liability + CMR insurance. Legal advice: €1-3K/contract, justifies.

How to ensure correct stowage in my B2B shipments and minimise risks?

Five B2B best practices: 1) Documented stowage procedure (manual + team training). 2) Stowage-certified transport business (ISO 9001 + EN 12195). 3) Pre-departure photo verification (cargo state + securing). 4) Signed CMR with cargo-accepted note. 5) Adequate cargo + public liability insurance. Investment: 1) Team training: €200-500/person year. 2) Stowage equipment: €5-15K initial. 3) Certified business: +5-10% on rate. ROI: incident reduction 50-80% in 12 months.

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