How ROTT affects the road transport of dangerous goods

ROTT ADR Dangerous goods transport

New changes and requirements of ROTT of the last February, affect some ADR norms and its non-compliance is already being sanctioned. The answer is in this article.

With the approval of ROTT (Regulation of the Order Law of the Terrestrial Transports) that entered into force after the approval of the Royal Decree 70/2019 on the 21st of February of 2019 appear new obligations for the transporters of dangerous goods on the road, in addition to those already-existing that affect:

  • Load and unload operations
  • Transporter formation
  • Consignment note

ADR load and unload operations

Regarding transport of dangerous goods, load and unload operations collected in the article 37.2, will be responsibility of the transporter, in the following cases, actually quoted:

a) “Fuel unload intended for sanitary water heating, warming and kitchen”. In this paragraph it’s deleted the mention “domestic use” collected in the RD of 2014.

b) The “fuel supply directly made to any type of machine, that dispose of the corresponding tanks in its structure or devices”, with no modifications,

c) The “diesel unloads (UN1202), when the amount doesn’t exceed the 1000 liters.” This change extends the existing partial exemption for the ADR regarding the transport of diesel tanks if you exceed the limit.

These cases, in contrast to the general road transport normative, put the responsibility on the transporter, and they would permit to the receiver to not count on a Security Council that guarantee these load and unload operations.

Another change of norm claims that those cases can be modified unless otherwise agreed, valid for any type of installation, deleting the mention of agricultural installation, provided that they are recorded by the administration with the consent of the respective security councilor (Annex 3 and Annex 4 of the RD 97/2014).

In addition, the norm incorporates the Paragraph 4, article 44, that states:

“4. Only dangerous goods can be unloaded from bulk transport devices or tanker trucks using fixed unloading system, except for the following cases:

a) When it’s expressly authorized in the regulation of chemical products and oil installations the possibility to unload without using these devices.

b) In emergency situations where it’s impossible to use an unloading system with those properties.

c) In fuel unloading for the sanitary water heating, warming and kitchen.”

Drivers formation

The article 5 of the RD 70/2019 includes the obligation for any driver, transporting goods subject to partial ADR or limited quantities, to dispose of a formation certifying this knowledge through a document or certification attesting the formation, emitted by an authorized formation company. This document must be in the vehicle, subject to a fine of € 801 in case of infringement.

This obligation also affects other transporters, both self-employed and freelance, transporting tanks benefiting from ADR exemptions, such as messaging and light vehicle transporters.

consignment note


To fulfill the Order FOM/2861/2012, in consignment note must be indicated the number of identification of the special authorization of circulation released by the competent body regarding traffic, circulation and road safety. When the vehicle can circulate protected by one of those authorizations. For instance, a special authorization on the week end or during restricted hours.

In addition, considering the ADR responsibility for load and unload, it must be revised that the deliverer/carrier does not make mistakes in the packaging group , because the responsibility will exclusively be of the transporter, with the possibility of a fine of € 4001 (art. 37.2).

More norm changes RD 70/2019

  • Article 31 incorporates a modification regarding technical inspections in the installations , excluding the fuel tanks.
  • Article 2.5 excludes transports of the Army, Security Corps or those made under their own responsibility.
  • Article 2 modifies the Sanctioning Scale applicable to the Dangerous Goods Road Transport.


If your transport fleet must respect ADR norm, GesInFlot offers the whole information regarding tracking requested to inform customers and administrations. Please visit the complete GesInFlot functionality for the dangerous goods transport.



This post is also available in: Spanish Italian