Order FOM/1882/2012, of August 1, approving the general conditions of contracts for the carriage of goods by road.

  1. Special rules for contracts for the carriage of dangerous goods:

10.1 Parties to the contract for the carriage of dangerous goods.

10.2 Documentation for the carriage of dangerous goods.

10.3 Unloading of fuels exclusively used for domestic purposes.


  1. Special rules for contracts for the carriage of dangerous goods

10.1 Parties to the contract for the carriage of dangerous goods: For the application of these general conditions to contracts for the carriage of dangerous goods, it must be understood that all references to the consignor contained in the European Agreement concerning the International Carriage of Dangerous Goods by Road and the rest of the special legislation on the subject are made to the shipper defined in condition 1.4, and those contained in said legislation in relation to the shipper shall be understood as made to the consignor defined in condition 1.7.

10.2 Documentation for the carriage of dangerous goods:

If the shipper delivers dangerous goods to the carrier, they must specify the exact nature of the danger they represent, indicating the precautions to be taken. If this notice has not been recorded on the consignment note, the burden of proof that the carrier was aware of the exact nature of the danger posed by the transport of such goods shall fall on the shipper or consignee.

The carrier who has not been informed of the hazardous nature of the goods shall not be obliged to continue the transport and may unload them, deposit them, neutralize their danger, return them to their origin, or take any other reasonable measure in view of the circumstances of the case. The carrier must immediately inform the shipper, who shall bear the expenses and damages arising from such operations.

The provisions of this condition are issued in execution of the criteria set by Article 24 of Law 15/2009, of November 11, on the land transport contract for goods.

10.3 Unloading of fuels exclusively used for domestic purposes: Unless otherwise agreed, the unloading of fuels exclusively used for domestic purposes shall be the responsibility of the carrier, understood as such those intended for the heating of sanitary water, heating, and kitchens, in accordance with the provisions of Article 27 of Royal Decree 551/2006, of May 5, regulating the operations of transport of dangerous goods by road in Spanish territory.