Changes in the Road Transport Law in Spain.
In the preambles of this new freight transport law, the legislator emphasizes the “situation of hardship” that many carriers and their employees face.Given this situation, it is mandatory to take legal measures to protect transporters and, in general, the entire society that depends on road transport to access essential goods such as food, fuel and other products of daily use.The legislator recognizes that this disparity represents a risk of “tensions in the provision of services and in the proper functioning of the logistics chain.” The implementation of these new regulations in cargo transportation redefines the framework of relation between transportistas y cargadores.
Prohibition of loading and/or unloading
The new regulations change the cargo logistics management process by prohibiting carriers from carrying out loading and unloading operations on goods weighing more than 7.5 tons of maximum authorized mass (MMA), so we would be talking about the transportation of heavy loads.Exceptions are established for specific services such as moving and furniture storage, transport of liquids in tankers, transport of aggregates or tipping vehicles.According to the new transportation law, loading of goods will be the responsibility of the shipper, while unloading will be the responsibility of the recipient.However, the carrier may carry out these tasks, as well as stowage and unloading, under two conditions:
- When the merchandise has a GVW of less than 7.5 tons.
- When these activities are contracted and are clearly broken down in the invoice.
Automatic update of rates based on fuel price
The constant increase in fuel prices represents one of the most significant challenges in the logistics field. The recent unprecedented increases absorb a considerable part of the carrier's profits.To address this problem, the recent update of the regulations on land transport of goods in Spain establishes the obligation to review rates, incorporating the increase in the price of diesel or other fuels in the final cost of the transport service.This provision will apply whenever price fluctuations exceed 5% between the time of contracting the service and its execution. These rates must be clearly specified in the transport documentation, particularly on the invoice.Limitation to one hour of waiting time for loading and unloading
A long waiting time for loading and/or unloading a vehicle unnecessarily increases the carrier's working day. This situation hinders their ability to reconcile family life, reduces rest periods and can represent a risk while driving.With the aim of promoting more sustainable logistics and distribution from a social and labor point of view, the new legislation establishes a maximum limit of one hour for waiting time. Once this period has elapsed, the carrier has the right to request compensation for the stoppage. The amount of compensation is equivalent to the Multiple Effects Public Income Indicator (IPREM) per day, multiplied by 2 for each hour or fraction of waiting time.In 2023, the IPREM is €40/hour, and no more than 10 hours of compensation can be claimed per day. If the waiting period is extended, the law contemplates a 25% increase in the penalty for the second day, and an additional 50% if it is extended to a third day.Penalties for non-compliance with the transportation law.
All of these measures, along with others aimed at preventing the proliferation of so-called “mailbox companies”, which represent significant unfair competition, are mandatory. In the event of non-compliance, shippers may face fines of considerable severity, reaching up to €6,000.How does this measure impact the transportation of goods?
Compliance with the new transportation law has had a significant impact on the freight transport companies, when meeting several of their work demands. However, it has also generated the need to review loading and unloading operations by shippers and recipients of goods.In addition, the hiring of specialized loading and unloading transportation companies is required for these tasks, which implies an increase in labor costs. In addition, it is imperative to optimize goods receipt processes and improve coordination between shippers and carriers, since fewer delays imply fewer additional costs.A standard for the certification of loading and unloading areas in relation to the facilities and services available has yet to be established. This certification will be carried out by the Ministry of Transport, Mobility and Urban Agenda (MITMA).Request a quote for our freight transport service
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What changes does the latest reform of the Land Transport Law in Spain introduce?
2021 reform (Law 13/2021) — main changes: 1) Ban on loading/unloading by driver (shipper and receiver responsibility). 2) Mandatory payment within 60 days of invoicing. 3) Carrier’s right to update rates if diesel rises over 5%. 4) Joint shipper liability for hiring an unlicensed carrier. 5) Automatic review clauses tied to CETM. Businesses must adapt annual framework contracts to comply.
How does the ban on driver loading/unloading affect my operation?
For shipper businesses: 1) You must have your own staff or equipment for loading/unloading (handlers, forklift operators). 2) The driver only drives — no handling. 3) If your warehouse has no staff, hire an external service (€25-40/hour) or require your agency to include it in the rate. 4) Driver waiting time at dock: chargeable from 2h (typically €30-50/hour). Adapt warehouse processes to avoid surcharges and comply.
What penalties does the new law apply if I don’t pay the carrier within the legal term?
Sanctions regime: 1) Payment between 60-90 days from invoice: minor infringement, €1,000 fine. 2) Payment over 90 days: serious infringement, €1,000-6,000 fine. 3) Repeat offence: very serious, €6,000-18,000 fine. 4) Additionally: late-payment interest (typical 8-10% APR). 5) Possible inclusion on public defaulters list (reputational impact). The carrier can report directly to the Transport Inspectorate. Adjust your cash flow to meet 60-day terms.
Does the new law require a written framework contract or is the delivery note still enough?
Although legally the delivery note or CMR is proof of transport, B2B practice demands an annual written framework contract with the agency. Critical clauses: 1) Rates, payment terms and included services. 2) Loading/unloading responsibilities. 3) Penalties for delays/incidents. 4) CETM-linked revision clause. 5) Claims procedure. Without a written contract, default LCTTM rules apply in disputes and may not protect the shipper. Templates are available from CETM.
What impact does the automatic diesel revision clause have on my annual budget?
The diesel-CETM clause lets the carrier raise rates if professional diesel rises over 5% in a quarter. Typical B2B impact: 1) Quarterly rise of 1-3% on base rate. 2) Cumulative annual rise of 4-8% in high-volatility years. 3) In 2022-2023 this clause triggered rises up to 18% annually. How to manage it: 1) Budget an extra 8-10% for 2026. 2) Review contract every 6 months. 3) Bidirectional clause (it also drops if diesel falls).
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