As part of the publication of Royal Decree 563/2017 of 2 June, which will come into force on 20 May 2018, the Spanish authorities will begin road inspections of vehicles and rigorous checks on the fixing of loads. Annex III to the above-mentioned diploma determines the application of a number of technical standards, one of them being the European standard EN 12195-1: 2010 on Load restraint systems for road vehicles. Liability in the event of an accident may be borne by the carrier and any breaches committed due to non-compliance with the rules shall be subject to penalties.
It should be recalled that in other European countries, such as Germany, the Netherlands, Belgium and the United Kingdom, the supervisory bodies are very strict with regard to road safety, even imposing high fines due to the incorrect packing of the cargo, not to mention the consequent downtime of the vehicle, until the load is properly conditioned and stowed.
Also in Portugal, with the publication of Decree-Law no. 144/2017 of 29 November - which amended the periodic technical inspection regime for vehicles in circulation on the public highway, and which establishes the minimum requirements for technical inspection Directives 2014/45 / EU and 2014/47 / EU - the Portuguese authorities, as from 1 January 2018, in the field of road technical inspections for passenger and goods, including trailers and semi-trailers (gross mass exceeding 3,5 tonnes), may carry out checks on the mooring and stowage of the goods.
Taking into account the provisions on the packaging and stowage of cargo, in 2008 the European Commission prepared a document
(see the version translated into Portuguese) containing guidance on European best practices for the packaging of cargo in vehicles used for the carriage of goods .
Both documents, while not legally binding, provide practical information and precise guidance on compliance with legal obligations in accordance with European Standard EN 12195-1: 2010.
It should be noted that there is no universal method of conditioning and stowage of cargo.
Companies will have to take into account the type of merchandise to be carried, its shape, the way of packing, the place where it is to be placed in the vehicle, its weight and size, etc. On the basis of the legal obligations laid down in EN 12195-1: 2010, undertakings must ensure that the goods are properly wrapped and stowed so as not to jeopardize the safety of the driver, other users of the road.
Keep in mind that poorly wrapped goods can result in the imposition of fines and high operating costs for the transportation company.
