As of September 2, a new law will come into force in Spain which that drivers of vehicles of more than 7.5 tons will not be able to participate in loading and unloading operations.
The new rules expressly refer to the following:
“… in Title I, some precepts of Law 16/1987, of July 30, on Land Transport Planning (LOTT) are modified. The main novelty is the introduction of the limitation of the active participation of professional drivers in loading and unloading operations of goods and their supports and containers, except in those cases in which, for reasons of efficiency of the operation, but fundamentally due to the safety of the driver, as a consequence of the specific type of transport or the specific conditions in which said activity is carried out, it is justified that he be the one to carry out said tasks.
This approach fully respects the agreements between the parties to the contract on who is responsible for carrying out the loading and unloading operations, whether it is the shipper and recipient or the carrier. It aims to protect, however, the most vulnerable part of the process and that suffers the possible effects of the impossibility of the transport companies to negotiate in another direction, as well as a prevention of driver safety that is more formal than material derived from the dynamics specific to the transport market.
The proposed restriction is limited exclusively to those cases in which the intervention of the public authorities is necessary to the extent that significant risks are generated that must be avoided, namely, transport services in environments that imply potential dangers for the safety of the driver. For this reason, considering this measure, it is necessary to configure it as an application rule in all cases of loading and unloading that are carried out in Spanish territory.”
Drivers of goods transport vehicles with a maximum authorised mass of more than 7.5 tons may not participate in loading or unloading operations of goods or their supports, packages, containers or cages. There are a number of exceptions however, which include:
Moving transport and furniture storage.
Transport in tank vehicles.
Transport of aggregates or carried out in tipping vehicles or equipped with a crane or other devices inherent to the vehicle intended to carry out loading and unloading operations.
Transport in vehicle carriers and tow trucks for roadside assistance.
Transport of live animals, at approved control posts in accordance with community regulations, without prejudice to the responsibilities established in the regulations on the protection of animals during transport.
The assumptions that are established by regulation, provided that the safety of the driver is guaranteed.
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