The Italian Ministry of Infrastructure and Transport (MIT) has stepped in to end months of confusion over the country’s new truck waiting-time compensation law. A new circular issued on 4 November confirms that the €100-per-hour charge for delays during loading and unloading is mandatory and leaves no room for interpretation.
The rule was introduced earlier this year under the Infrastructure Decree and came into force in the summer of 2025. It obliges clients to pay hauliers €100 for every hour or fraction of an hour of waiting beyond a 90-minute grace period at loading or unloading sites. Both the shipper and the party responsible for loading are jointly liable for payment.
While the law was intended to strengthen hauliers’ position and reduce excessive waiting times, its rollout has been marked by disputes between transport companies, logistics operators and port terminals. Hauliers’ associations accused some facilities of ignoring or postponing enforcement, while terminals cited ambiguities in how the rule should be applied: for instance, whether the 90 minutes included physical loading, and how short overruns should be calculated.
The new MIT circular, signed by Department Head Stefano Fabrizio Riazzola, responds to these conflicting interpretations. It makes clear that:
90 minutes applies to waiting only
The Ministry confirms that the 90-minute deductible concerns waiting time alone and does not include the time required for the actual loading or unloading operations. Once those operations begin, they are treated separately under the contract.
€100 applies even for short overruns
MIT specifies that the €100 indemnity is due in full even if the delay is less than one hour. There is no proportional calculation. The same rule applies when the time needed for physical operations exceeds the period agreed in the contract.
No second grace period for loading or unloading
The circular eliminates any ambiguity about additional grace periods: if the time contractually set for loading or unloading is exceeded, the €100 compensation applies immediately, without any new deductible.
Proof of arrival and carrier’s responsibility
Carriers are reminded that the indemnity is not due if the delay is attributable to them. The Ministry acknowledges that digital tools such as tachographs and GPS systems can be used to prove the vehicle’s arrival time at the loading or unloading site.
Written contract remains essential
MIT stresses the central role of a written transport contract and calls for precise details about the loading or unloading location, vehicle access procedures, and the agreed time of operations. The circular also recommends including a clear description of how such agreements are certified.
An important clarification concerns contractual derogations: while these were possible under the previous version of the law, the current framework no longer allows them. The €100/hour compensation cannot be waived by agreement between the parties.
Joint liability and definition of force majeure
The circular reiterates that the client (committente) and loader (caricatore) are jointly and severally liable to pay the compensation to the carrier, without prejudice to their right of recourse against the party actually responsible for the delay.
MIT also recommends that contracts explicitly define what constitutes force majeure and specify who is responsible for the loading and unloading operations, to avoid later disputes.
Why it matters
For foreign hauliers operating in Italy, the clarification provides legal certainty and ensures that compensation for waiting times is enforceable across the country. The MIT’s move also signals a firmer stance on protecting driver welfare and operational efficiency — in line with similar measures already adopted in Spain and Portugal.
By explicitly stating that these rules are mandatory and cannot be bypassed, the ministry aims to end a period of confusion that has disrupted supply chains and strained relations between carriers and clients.
