TRIESTE – With a circular issued yesterday, the Ministry of Infrastructure and Transport clarified the application of Article 6-bis of Legislative Decree 286/2005, introduced by the Infrastructure Decree, regarding waiting times for the loading and unloading of goods.
The aim is to ensure continuity of road haulage services and put an end to the differing interpretations that have emerged in recent months.
The Ministry confirms that the 90 minutes of grace period refer exclusively to waiting time, not including the actual loading and unloading operations. Once this limit is exceeded, the haulier is entitled to compensation of 100 euros for each hour or fraction of an hour of delay. The same amount is due even if the contractual time limits for the operations are exceeded.
The rule is mandatory: it cannot be amended by agreements between the parties and applies to all sectors, regardless of where loading or unloading takes place. Compensation is not due only if the delay is attributable to the haulier.
The Ministry also calls for written contracts to specify clearly the place and time of operations, access procedures for yards and execution times, in accordance with the Civil Code and Legislative Decree 286/2005.
«È un chiarimento fondamentale – ha commentato Alessandro Peron, segretario generale di FIAP (Federazione italiana autotrasportatori professionali) – che ristabilisce regole certe e mette fine alle interpretazioni arbitrarie. La norma non è negoziabile: tutela il lavoro, la sicurezza e la concorrenza leale».
