In an effort to tackle the labour shortage in the road haulage sector and improve working conditions, the French road haulage organisation OTRE (Organisation des Transporteurs Routiers Européens) has proposed a ban on heavy goods vehicle (HGV) drivers taking part in loading and unloading operations.
Inspired by similar measures in Portugal and Spain, OTRE wants to make the profession more attractive, especially to young people and women.
The French government has responded to the proposal by commissioning studies to assess its potential impact and feasibility.
Minister of Transport Clément Beaune has appointed the Inspectorate General for the Environment and Sustainable Development (IGEDD) to carry out an initial study, while Pierre Garcia has been given a complementary mandate to draw up further conclusions.
However, OTRE is concerned about the potential negative consequences of a poorly regulated ban and stresses the need for better enforcement of existing rules.
OTRE’s proposals:
1. Waiting times for loading and unloading
OTRE proposes that the provisions of Article 11 of the Standard Contract of Carriage be incorporated into the Transport Code to make them mandatory.
In addition, the rules should be supplemented to deal with situations where the specified loading and unloading times are exceeded. If delays are beyond the carrier’s control, the responsible party should pay additional compensation based on specific indicators published by the Comité National Routier (CNR).
2. Loading and unloading conditions
OTRE proposes that the provisions of Article 7 of the standard contract be incorporated into the Transport Code and made mandatory. This would mean that for consignments weighing three tonnes or more, the responsibility for loading and unloading would lie with the consignor or consignee.
Carriers could carry out these operations if a specific contract for a remunerated service is signed before loading or unloading.
3. Loading and unloading by individual drivers would be prohibited
For consignments weighing less than three tonnes, the carrier would be responsible for loading and unloading, requiring a specific contract or clause in the transport contract.
4. Balance between working conditions and regulation
OTRE’s proposals seek to strike a balance between improving working conditions and preventing arduous work while taking into account the specific requirements of different transport operations.
The organisation stresses the importance of clear rules and effective enforcement of existing contracts to ensure fair treatment and compensation for transporters.
It also stresses the need to avoid unintended negative consequences that may result from a poorly planned ban on drivers’ loading and unloading activities.
Spectacular fines for making HGV drivers load in Spain and Portugal
Spain has already implemented a ban on the participation of truck drivers in loading and unloading activities as of 2 September 2022.
The rules mean that in the overwhelming majority of cases, drivers of vehicles over 7.5 tons are not allowed to conduct loading or unloading operations.
A few exceptions do apply in specific situations, such as in livestock transport, removals, when packages are very small, tanks are being unloaded, or a tipper truck is used.
Apart from the loading ban, the regulation also states that the haulier has to be paid compensation by the shipper after waiting for an hour to get loaded or unloaded (until now, hauliers had to be compensated after waiting for 2 hours)
Companies who flout the rules by expecting drivers to load or unload can be fined up to €4,600.