Spain: responsibility for the stowage / mooring of the merchandise is already defined.
Portugal
The Directorate General for Traffic (DGT) has just published Instruction 18 / TV-103 (see here), which establishes that the shipper is responsible for infractions related to improper stowage and lashing of goods on board the vehicles. However, if the carrier, before sending the vehicle to the place of loading, expressly assumes this responsibility before the shipper, it will be responsible.
In any case, in the transportation of fractional merchandise or other situations provided for in Instruction 18 / TV-103, the carrier will always be responsible for the proper stowage and mooring of the merchandise.
It will be important to review loading orders / transport contracts with shippers / shippers, in order to verify that they do not contain clauses exempting them from liability, so as to avoid penalties for road inspection, charges in case of possible loss and lack of coverage in the insurance policies of cargo.
It should be recalled that Royal Decree No. 563/2017, of June 2, which provides for technical road inspections and checks on stowage and lashing of goods, entered into force on May 20, 2018.
