The Spanish Ministry of Transport has published the first list of companies fined for failing to pay hauliers on time.
The list contains 64 companies and the fines issued range from €701 to more than €25,000. It appears that none of the companies were issued with the highest possible fine, which is €30,000.
The largest fine, €25,206, was issued to a company called AtilaTrans, which provides transport services ranging from bulk goods to dangerous goods and palletised cargo. The same company was also fined €5603. The list published by the Spanish ministry doesn’t explain why some companies were fined more than once.
The second and third highest fines were imposed on Mednartrans and Crisnova Vidrio, at €16,800 and €11,203 respectively.
Global transport and logistics company Kuehne+Nagel was also fined €2,801 and the Spanish branch of DHL received two fines, one for €2001 and the other for €2002.
Spain names and shames companies to increase transparency
As we have earlier reported, the Spanish Ministry of Transport made it clear at the beginning of June that, in accordance with the provisions of Law 13/2021, which approved this sanctions regime, a list of offending companies would be published regularly.
The Ministry expects that the publication of the list of late-paying companies to increase transparency and accountability in the road transport sector, promote fair business practices and encourage timely payments.
The news was released in line with the latest results of the Permanent Observatory on Late Payments and Payments in the Spanish Road Transport Sector for May. The data show a slight increase in payment times, with hauliers experiencing an average delay of 70 days. However, this figure remains below the levels observed at the beginning of the year, Fenadismer adds.
According to the figures, 22% of shippers paid hauliers after more than 120 days, 27% between 90 and 120 days and 51% less than 90 days.
Tough Spanish late payment laws from 2021
Fines of up to €6,000 for late payment of road transport services came into force in Spain in October 2021, following a long fight for such legislation by the national road transport organisation.
The amendment to the Road Transport Act, which introduced sanctions for late payment (i.e. exceeding the 60-day payment deadline) last year, provides for the following fines
- a fine of between €601 and €800: if the price of the transport is between €1,000 and €1,500.
- a fine of between €801 and €1,000: if the price of the transport is between €1,501 and €3,000.
- a fine of between €1,001 and €2,000: if the price of the transport is between €3,001 and €4,000
- a fine of between €2,001 and €4,000: if the price of the transport is between €4,001 and €6,000
- a fine of between €4,001 and €6,000: if the price of the transport exceeds €6,000.
In addition, a fine of between €6,001 and €18,000 can be imposed if the person responsible has already been convicted of another very serious offence in the previous 12 months.
Finally, the amount of the fine may reach €30,000 if it is considered that “the conduct significantly affects the creditor’s capacity and financial solvency or the maximum legal payment period provided for in the provision has been exceeded by more than 120 days”.