Regulatory Alert: Romania Adopts New Legal Framework for Loading and Unloading Responsibilities in Road Freight Transport

FIATA has been informed by its Member Association, the Freight Forwarders Association of Romania (USER), of an important legislative development in Romania that is expected to have significant implications for road freight transport and logistics operations.

On 24 June 2026, Romania adopted Law No. 100/2026, establishing, for the first time, a dedicated legal framework governing loading and unloading operations in commercial road freight transport. It will enter into force on 24 July 2026.

The new legislation establishes a clear legal framework governing loading and unloading obligations between transport operators, consignors, consignees and freight forwarding intermediaries. It also reinforces the principle that professional drivers should not routinely be required to perform loading and unloading operations.

Why was this law introduced?

For many years, professional drivers in Romania were frequently required – either contractually or in practice - to carry out loading and unloading operations, despite these activities often falling outside their professional responsibilities. This situation generated several operational and safety concerns, including:

• increased occupational health and safety risks;
• longer waiting and driving times;
• disputes regarding liability for damaged cargo;
• inconsistencies between contractual obligations and operational practice;
• reduced efficiency throughout the logistics chain.

The new legislation seeks to provide greater legal certainty by establishing a clear framework governing loading and unloading obligations and clarifying the respective responsibilities of the parties involved in road transport operations.

Key provisions

The legislation applies to commercial road transport performed using vehicles with a maximum authorised mass exceeding 12.5 tonnes. It establishes the respective obligations of transport operators, consignors, consignees and freight forwarding intermediaries in relation to loading and unloading operations.

The law introduces several key provisions, including:

• professional drivers may not be compelled by consignors, consignees, intermediaries or their representatives to carry out loading or unloading operations;
• contractual clauses requiring drivers to undertake loading or unloading contrary to the provisions of the law are null and void;
• non-compliance may result in administrative sanctions ranging from RON 5,000 to RON 20,000.

The law also provides that a driver may voluntarily agree in writing to undertake loading or unloading operations, provided that the applicable occupational health and safety requirements are respected.

In addition, the legislation contains a limited exception for certain specialised transport operations. In such cases, drivers may carry out unloading operations where the nature of the transport requires it and their employment contract, or related employment documentation, expressly provides for this responsibility.

What this means for freight forwarders

Freight forwarders arranging transport operations in Romania should review their existing documentation and procedures to ensure alignment with the new requirements.

This may include reviewing:

• transport agreements and subcontracting arrangements;
• standard terms and conditions;
• warehouse and loading site procedures;
• operational instructions provided to carriers, drivers and logistics partners.

Where loading and unloading responsibilities are addressed contractually, Members should ensure that these provisions remain consistent with the applicable Romanian legislation, particularly given that contractual clauses requiring drivers to undertake loading or unloading contrary to the law are null and void.

Cross-border application

While the new law establishes the general legal framework, several practical aspects concerning its application to international transport operations remain to be clarified, including:

• international transport operations performed entirely outside Romania by Romanian transport operators;
• cabotage operations carried out by Romanian carriers in other European Union Member States;
• transport operations to or from Romania performed by drivers employed by transport companies established outside Romania.

Under the law, the Romanian Ministry of Labour, Family, Youth and Social Solidarity and the Ministry of Transport and Infrastructure are expected to issue implementing regulations within 60 days. These are anticipated to provide further clarification regarding the practical application of the legislation, particularly in relation to cross-border operations

Looking ahead

The adoption of Law No. 100/2026 represents an important development for the Romanian road freight sector and reflects the growing emphasis across Europe on improving working conditions for professional drivers while enhancing legal certainty throughout the transport chain.

FIATA encourages Members conducting transport operations involving Romania to monitor developments closely and review their contractual and operational arrangements where appropriate.

FIATA thanks USER for bringing this important legislative development to the attention of the international freight forwarding community. For further information about USER and its activities, Members may visit the official USER webpage.