Regulation
Who is liable if a DeCA data item is missing: loader or carrier
Updated on September 29, 2026 · 6 min read
Short answer
- The contracting loader is liable for data items a), b), c) and d): their own details, the carrier's, the origin and destination, and the nature and weight of the goods.
- The actual carrier is liable for data items e), f) and g): the special traffic authorisation, the transport date and the registrations.
- Both are liable for not formalising the document, and for it not being carried on board.
- The loader is exempted from liability for it not being on board if they prove the document was issued.
- Each party is also liable for whatever they themselves included under remarks, letter h).
Almost everything written about the DeCA stops at which data items go where. What decides who pays when something goes wrong is one article further down, article 7, and it's the part worth having clear before signing off on a job with a loader who sends you the details by WhatsApp at eleven at night.
The current wording of article 7 comes from Orden TRM/282/2026, de 25 de marzo. That order didn't change which data items go where: it simply corrected article 7's cross-references to article 6, which had fallen out of sync since Real Decreto 70/2019 added a new letter to article 6 without adjusting the references. If you check an older version of the text, the letters won't line up.
The split, data item by data item
| Letter | Data | Who is liable |
|---|---|---|
| a) | Name or company name, tax ID and address of the contracting loader | Contracting loader |
| b) | Name or company name and tax ID of the actual carrier | Contracting loader |
| c) | Place of origin and destination of the shipment | Contracting loader |
| d) | Nature and weight of the goods | Contracting loader |
| e) | Special traffic authorisation | Actual carrier |
| f) | Date the transport takes place | Actual carrier |
| g) | Tractor and trailer registration | Actual carrier |
| h) | Remarks and reservations | Whoever includes them |
There's a detail that surprises a lot of people: letter b), the actual carrier's details, is the contracting loader's responsibility, not the carrier's. It makes sense — it's the loader who chooses and contracts the carrier, and therefore who must correctly record who they've contracted with. But in practice it means that if the loader gets your tax ID wrong, the case is theirs.
And who's liable for not issuing it?
Both. Section 1 of article 7 holds the contracting loader and the actual carrier responsible for not formalising the control document. And the same responsibility applies to them if the document isn't carried on board the vehicle.
«El cargador contractual y el transportista efectivo serán responsables de no formalizar el correspondiente documento de control. Idéntica responsabilidad se les atribuirá en los supuestos en los que no se lleve éste a bordo del vehículo, salvo que el cargador contractual pruebe que el documento fue emitido, en cuyo caso éste será eximido de responsabilidad.»
The loader's exemption clause
That last sentence is the most valuable part of the article for a loader, and the most uncomfortable for a carrier. If the document existed and the carrier wasn't carrying it, the loader is off the hook as long as they can prove they issued it. The carrier isn't.
Proving issuance with a paper document used to be tricky: either you kept your stamped copy or you didn't have much. With the electronic format it's trivial, and that's one of the real advantages of the change: the Resolución de 5 de junio de 2026 requires the application to log the date and time the file was created. That log is, literally, the proof article 7.1 requires.
What to do about this day to day
- 1If you're the loader: record the tax ID of the carrier you're actually contracting with, not the intermediary agency's. Letter b) is yours.
- 2If you're the loader: keep proof of issuance with its date and time. It's what exempts you if the truck leaves without the document.
- 3If you're the carrier: check the transport date and the registrations are correct before setting off. They're your letters, e), f) and g).
- 4If you're the carrier and change vehicles mid-job: letter g) requires that to be recorded in the control documentation. It's not optional.
- 5If something doesn't quite fit the load, note it under remarks, letter h). Each party is liable for what they write there, so a well-worded reservation protects you and a poorly worded one exposes you.
And the special traffic authorisation
Letter e) is the only conditional one in article 6: the special authorisation only needs to be identified when the vehicle must operate under one. If you do ordinary transport, it doesn't apply and isn't a missing data item. When it does apply, the actual carrier is liable.
Frequently asked questions
Who is liable if the DeCA doesn't have the correct registration?
The actual carrier. Article 7.3 attributes responsibility for inaccurate or missing data under letters e), f) and g) to them, and the registration is letter g).
Who is liable if the weight of the goods is wrong?
The contracting loader. The nature and weight of the goods is letter d), included among those article 7.2 attributes to the loader.
Can the loader avoid the fine if the truck doesn't carry the DeCA?
Yes, if they prove the document was issued. Article 7.1 expressly exempts the contracting loader in that case. The actual carrier has no such exemption.
Who is liable for the carrier's data on the DeCA?
The contracting loader. Even though it's the carrier's own data, letter b) is among those article 7.2 assigns to the loader, because it's the loader who contracts and must record who with.
What happens if the vehicle is changed mid-transport?
Letter g) of article 6 requires that circumstance to be recorded in the control documentation, and it's up to the transport company to do so.