The 2015 Stability Law introduced a number of major changes to the legal framework of road haulage on behalf of third parties. This is a new package of rules, the introduction of which was announced in mid November by the Italian Minister of Infrastructures and Transport, Maurizio Lupi. This reform is once more dividing the world of transport: it is, in fact, partially approved by some of the trade associations while it is being heavily criticized by others.
Here, in brief, are some of the main changes which concern contracts for the carriage of goods by road as of 1 January 2015.
- Limitation On Sub-Contracting.
The frequently excessive length of the transport chain is considered by many as one of the main problems in road transport. In order to shorten the chain, from 1 January 2015, sub-contracting is allowed only upon express agreement between the contractor and the first carrier. Any sub-contract which is not authorized by the contractor allows the termination for breach of the contract of carriage between contractor and first carrier. The sub-carrier is in any case forbidden from entrusting the carriage to another sub-carrier. Any derogation from this prohibition makes the contract signed by the sub-carrier invalid. Derogations from the above principles are provided for groupage transport.
- Joint Liability.
In order to ensure that the carriage is entrusted to carriers operating in accordance with legal requirements, an additional obligation has been introduced. Before signing the contract, the contractor is now required to verify the regularity of the social security and insurance contributions. In case of sub-contract such obligation of verification exists also for the first carrier with regard to the sub-carrier. In the early stages of the application of the rule, the acquisition of the DURC (i.e.contribution payment certificate), issued up to three months prior to the execution of transport, will be considered as an adequate verification. Within 6 months from the entry into force of these new rules, it should become possible to verify the regularity of the carrier by accessing a section –which is currently under construction- of the internet portal of the Central Committee of the Italian Road Hauliers’ Register. Omitting to perform these verifications leads to the contractor’s and the carrier’s joint and several liability for the payment of salary, social security contributions and insurance premiums to the competent bodies. This joint obligation is limited to the services rendered during the term of the contract of carriage and shall expire one year from the termination of the contract of carriage. - Transport Form.
The transport form has been eliminated. There still is the rule which provides that, to allow the contractor to limit its joint liability for certain breaches of the road safety rules committed by the carrier, any written contract or a declaration stating that the transport is regulated by a written contract should be kept on board the vehicle. - Minimum safety costs – fuel and toll surcharge.
As from January 1, 2015 the minimum safety costs are formally abrogated. The new paragraph 4 of Art. 83bis now provides that in transport contracts, even when not agreed in writing, “prices and conditions are up to the negotiating autonomy of the parties, taking into account the principles of adequacy in terms of road and social safety.” The Ministry of Infrastructures and Transport will continue, however, to update its website with the approximate reference values of the operating costs of road transport activities on behalf of third parties. An element of partial determination of the tariffs contractually agreed by the parties will occur in the presence of any increase higher than 2% of the cost of fuel or of motorway tariffs: in these cases, in contracts of carriage with a duration longer than 30 days, the part of the remuneration corresponding to the cost of fuel and / or motorways is adjusted on the basis of the occurred variations in price.
- Compulsory mediation.
Court action concerning disputes regarding contracts of carriage or sub-carriage must be preceded by the preliminary procedure for assisted negotiation. The mandatory mediation does not apply to the direct action pursuant to art. 7 ter Legislative Decree 286/2005.
The new regulatory framework should probably lead both clients and carriers to think about the adequacy of the operating procedures adopted up to 31 December 2014. Furthermore, in certain cases a review of the contracts adopted so far might also be needed. The Firm is of course available for any clarifications.
(Bologna Office – Massimo Campailla – 0039(0)51 2750020)
