Road Freight Transportation Regulations
Road Transport
Definitions
Passenger and Goods Transport
The transport of passengers and goods using moving vehicles without a fixed track and no fixed energy capture. This applies to all classes of urban and interurban roadways, both public and private, when the transport is public.
Bus or Coach
Bus: A motor vehicle designed for carrying passengers and, potentially, baggage or commissions, with a capacity exceeding 9 seats, including the driver. Commonly used for public transport with fixed routes, especially in urban areas. (Source: RAE)
Coach: A large-capacity vehicle designed for carrying passengers, typically for long journeys by road. (Source: SAR)
Tourism Vehicle
A motor vehicle, excluding motorcycles, designed and built to carry passengers, with a capacity of 9 seats or less, including the driver.
Light Vehicle
A motor vehicle designed for carrying goods, with a maximum permissible weight not exceeding 6 tons, or if exceeding that weight, having a payload capacity not exceeding 3.5 tons.
Heavy Vehicle
A motor vehicle designed for carrying goods, with a maximum permissible weight exceeding 6 tons and a payload capacity exceeding 3.5 tons. Tractors are considered heavy vehicles when their towing capacity exceeds 3.5 tons of cargo.
Crossover
A motor vehicle designed for the simultaneous transport of goods and passengers, with a maximum capacity of 9 people, including the driver. The cargo space can be partially or fully converted for passengers by adding seats.
Road Types
Highway
Any paved road outside of a town, excluding crossing sections.
Journey
The stretch of road that passes through a town. Sections with alternative routes or bypasses are not considered journeys.
Hwy (Highway)
A road specifically designed, constructed, and marked for the exclusive use of cars, with the following characteristics:
- No access from adjacent properties.
- No intersections with other roads, railways, or tram lines.
- Separate lanes for each direction of traffic, separated by a non-traffic dividing strip or other means.
Motorway
A highway specifically designed, constructed, and marked with the following characteristics:
- Limited access from adjacent properties.
- No intersections with other roads, railways, or tram lines.
- Separate carriageways for each direction of traffic, separated by a non-traffic dividing strip or other means.
Faster Road
A single carriageway road with restricted access from adjacent properties. These roads do not intersect with other roads, railways, or tram lines at the same level.
Via Car
A road reserved exclusively for motor traffic, with a single carriageway and restricted access from adjacent properties. Marked with signs S-3 and S-4.
Roads
Roads that do not have the characteristics of highways, expressways, or roads for cars.
Brokers (Corridors)
Roads with limited access from adjacent properties, consisting of a single carriageway, designed with future expansion in mind. Construction should consider this future expansion. Municipalities should include this future use in their planning instruments.
Goods Transportation by Road
Transport in Specialized Vehicles
Always considered discretionary.
Generally requires authorization for transport in a specific vehicle. Authorizations are not time-limited but are subject to regular checks. Validity of the visa granting subsistence conditions is biennial.
Full load transport does not require intermediate operations. Involves a single shipper and consignee.
Smalls: Requires additional operations (handling, storage, bulking, sorting, packaging, or distribution) by the carrier. May involve multiple shippers or recipients.
Public Transport
Requires a general freight card authorization.
Light Vehicles
- Only national authorizations are available.
- Authorization requirement: vehicle must be ≤ 6 years old.
Heavy Vehicles
- Permits are available at local (100 km) and national levels.
- There is no quota for national heavy vehicle authorizations.
- Authorizations are conditional on company concentration measures.
Private Transport
Individuals
Transport for personal or household needs in light vehicles does not require authorization.
Companies
Complementary transport by a company whose primary purpose is not transportation, in addition to their main activity and linked to its proper development. Generally requires authorization at the national level.
Holder Requirements
The Contract of Carriage for Road Freight
Personal Items
- Carrier: The holder of a company designed and equipped to carry out road haulage.
- Carrier: Under the contract, the carrier undertakes to transport the goods.
- Sender or Charger: The person requesting the transport.
- Transport Operator: The person holding a company authorized to mediate in the procurement of goods (freight forwarder, freight forwarder, or storer-dealer). Acts as the carrier to the shipper and vice versa.
- Consignor: The person who delivers the goods to the carrier (may or may not be the same as the charger).
- Consignee or Agent: The person who receives the goods (may or may not be the same as the charger).
Real Elements
- Commodity
- Price: Previously compulsory rates, now reference rates.
Loading and Unloading
- Full Load: Loading and unloading are the responsibility of the shipper and consignee, unless otherwise agreed. In such cases, they are paid separately from the transport price. The carrier is responsible for damage to goods during these operations.
- Smalls: Loading and unloading are the responsibility of the carrier, unless otherwise agreed. The carrier is responsible for damage to goods during these operations.
Formalities
- General conditions of contract (order of April 25, 1997)
- Mandatory control documentation according to Order FOM/238/2003: invoice, “consignment note,” or other documentation. The charger or, in their absence, the consignor should provide this. Contents:
- Name and address of shipper and consignor (if different)
- Name and address of transport operator, if applicable
- Name and address of carrier
- Name and address of consignee or consignor
- Origin and destination of the transport
- Date of the transportation
- Vehicle registration(s) used
- Nature, weight, and number of packages carried
- Any comments or reservations from any party
- Excluded from this obligation: transport not requiring authorization, international transport, transport of dangerous goods with specific documentation, removals, rubbish in special vehicles, damaged vehicles, delivery and pickup of goods under fractional load.
Transport Arbitration Boards are available for resolving disputes, reports, assessments, etc.