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Who issues the DeCA, the shipper or the carrier

The DeCA is issued by the contractual shipper or by the carrier on its behalf, but both answer for it. Here is who is who, what happens with agencies and subcontractors, and which data each party answers for.

The two parties to a DeCA

Orden FOM/2861/2012 names two obligated parties in every transport:

  • The actual carrier (transportista efectivo): the company holding the transport authorisation that carries out the service with its vehicles.
  • The contractual shipper (cargador contractual): whoever contracts the transport of the shipment directly with the actual carrier, in its own name.

The contractual shipper is not necessarily the owner of the goods. If a manufacturer hires an agency and the agency subcontracts the trip to a carrier, the contractual shipper on that DeCA is the agency, because it is the one contracting directly with the carrier doing the trip.

Who issues it

The DeCA can be issued by the contractual shipper, or by the actual carrier on its behalf. In practice:

  • Shippers and logistics operators often issue it for each shipment, for any carrier.
  • Carriers often issue it themselves, because they know the vehicle, the driver and the real trip date.

Whoever does it, it is issued before the service starts and the driver must have it, with its QR code, before setting off. The Orden requires two copies: one for the contractual shipper and one for the carrier, who carries it on board.

What each party answers for

Article 7 of the Orden splits the liability:

Situation Who answers for it
No DeCA was drawn up The contractual shipper and the actual carrier
The DeCA exists but isn't in the vehicle Both, unless the shipper proves it issued it
Shipper, carrier, origin and destination, or goods and weight data missing or wrong The contractual shipper
Date, plates or special traffic permit missing or wrong The actual carrier

So it pays for each party to check the data it answers for, even when the other issues the document.

When shipper and carrier are the same company

This happens, for example, when a carrier contracts a service in its own name and then carries it out with its own vehicles. The DeCA must still identify both roles, even if the details are the same.

Sharing the work without phone calls

With DeCA by Routyn, whoever issues it can ask the other party for missing details with a link: the carrier fills in the plates and driver, or the shipper its tax details. Once issued, both parties can download their copy for a year, even if one of them has no account. See how to issue a DeCA.

This summary is for guidance only and is not legal advice. For specific cases, read the BOE text or ask a specialist adviser.

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