Italy is set to introduce new regulations aimed at reducing delays during loading and unloading operations in the road freight sector. According to a draft of the Decreto Infrastrutture autotrasporto, the changes include a mandatory automatic compensation of €100 per hour for each hour or part of an hour that a truck is kept waiting beyond 90 minutes during loading or unloading operations.
The compensation, which will be subject to annual adjustment based on the ISTAT FOI index (the Consumer Price Index for blue- and white-collar worker households), applies regardless of whether a specific time window has been contractually agreed, provided the delay is not attributable to the haulier. In cases where the contract specifies a shorter time for loading or unloading, compensation will also be due as soon as the contractual time is exceeded, even if the 90-minute “free” waiting threshold has not been reached.
Responsibility for payment will lie jointly with the shipper and the party loading the goods, with the possibility of reclaiming the amount from the party ultimately at fault. The regulation will also require shippers and consignees to provide clear instructions on access times and locations. If this information is lacking, hauliers will be permitted to use vehicle geolocation data or second-generation smart tachograph records as proof of arrival time.
The draft decree also reaffirms the driver’s right to be present during loading operations to verify load safety and compliance with Italy’s Highway Code. The aim is to protect both road safety and the driver’s legal liability in the event of poorly secured cargo. Meanwhile, the measure is expected to enhance operational efficiency and reduce unpaid waiting times in the sector.
Late payments to be fined
In addition to the compensation rules, the draft also includes a new enforcement mechanism against late payments for transport services. The Italian competition authority (Antitrust) will be empowered to sanction clients who exceed the 60-day payment limit defined in subcontracting legislation.
Furthermore, the decree sets aside €12 million for renewing Italy’s heavy goods vehicle fleet between 2025 and 2026.
The draft has been approved at a departmental level and is currently awaiting formal adoption by Italy’s Council of Ministers.
Portugal and Spain already enforce waiting time rules
The proposed Italian regulation echoes measures already implemented in Portugal and Spain in recent years. Portugal’s Decree 57/2021, which came into force in September 2021, prohibits HGV drivers from performing loading and unloading activities, imposes a two-hour maximum waiting time, and allows hauliers to claim compensation for delays.
The level of compensation in Portugal is determined based on vehicle weight and type of transport, ranging from €12 to €40 per hour. For delays exceeding 10 hours, an additional 25% is added for each subsequent hour.
The decree also requires waiting areas to be equipped with toilets and waiting rooms.
In Spain, a similar regulation came into effect in September 2022. The Spanish legislation prohibits drivers of vehicles over 7.5 tonnes from performing loading and unloading operations and introduces mandatory compensation for delays exceeding one hour at distribution centres.
Prior to this change, the threshold had been two hours. The regulation also includes provisions for revising transport contract prices in line with fuel cost fluctuations and enforces compliance with the EU Mobility Package, including rules on driving and rest times.
