STAND BY IN TRANSPORTATION OPERATIONS
WHAT DOES THE STANDARD SAY?
Decree 1079 of 2015, which compiles all local regulations regarding public transportation, establishes in its article 2.2.7.6.8 the fees to be paid for stand-by due to non-compliance with agreed loading and unloading times.
In this regard, the regulation states that in cases where the cargo generator fails to load or unload the goods within the agreed times in the transportation contract, the contracted freight will increase by the amount or percentage specified by the parties in the transportation contract. Similarly, rules are established for carriers, and therefore, in cases where the transportation company fails to load or unload the goods within the agreed times in the transportation contract, the contracted freight will be reduced by the amount or percentage specified by the parties in the transportation contract.
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It is understood that loading or unloading times cannot exceed 12 hours following the vehicle’s arrival at the place of origin or destination, as applicable. In cases where the deadline is exceeded, leading to the payment of stand-by, the transportation company must make the payment to the owner, possessor, or holder of the vehicle, increased by an amount equal to three (3) current legal daily minimum wages for each additional hour of waiting in an articulated vehicle and two (2) current legal daily minimum wages for each additional hour of waiting in a rigid vehicle.
LOADING TIMES TO GIVE RISE TO STAND BY IN TRANSPORT OPERATIONS
It is important to note that agreements between the cargo generator and the transportation company regarding this matter are not opposable to the relationship between the company, owner, holder, or possessor of the vehicle.
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If you have any doubts and require specialized assistance, remember that at GRILLO CORREA CONSULTORÍAS S.A.S., we are available to assist you virtually and in real time to achieve the objectives and recognition that you and your company deserve.
Prepared by: Dr. Verónica Patrón
