Subcontracting in Road Transport

Regulations and best practices

Legal framework, obligations of the principal and subcontractor, standard contract and best practices for secure subcontracting.

The legal framework for transport subcontracting

Subcontracting in road transport is governed by Law No. 75-1334 of December 31, 1975 and the Transport Code, with a standard contract revised by Decree No. 2019-695 of July 1, 2019. The original principal remains responsible for the proper execution of the transport, even when using a subcontractor.

The principal retains responsibility even when subcontracting

Obligations of the parties

Principal's obligations
  • Verify the subcontractor's capabilities (licence, insurance, resources)
  • Establish a written contract compliant with regulations
  • Comply with payment deadlines (30 days max)
  • Verify compliance with social regulations
  • Ensure the price covers the actual transport costs
Subcontractor's obligations
  • Hold a valid transport licence
  • Comply with social regulations (driving/rest times)
  • Maintain professional liability insurance
  • Execute the transport under the agreed conditions
  • Declare any cascade subcontracting to the principal

The transport subcontracting contract

Identification of the parties
Company name, address, transport licence number, professional liability insurance for each party.
Purpose and transport conditions
Nature of the goods, route, deadlines, loading/unloading conditions.
Price and payment terms
Service amount, revision terms, payment deadlines (30 days maximum).
Responsibilities and insurance
Allocation of responsibilities, insurance coverage, dispute and claims management.
Cascade subcontracting clauses
Authorisation conditions, obligation to inform the original principal.

Risks of uncontrolled subcontracting

Illegal cabotage
Risk of a EUR 15,000 fine and vehicle immobilisation if subcontracting to a foreign carrier who does not comply with cabotage rules.
Undeclared work
Joint financial liability of the principal for unpaid contributions. Criminal penalties of up to 3 years imprisonment.
Abnormally low prices
The principal may be prosecuted for imposing prices that do not cover the actual transport costs (Gayssot law).
Undeclared cascade subcontracting
Loss of control over service quality, risk of regulatory non-compliance and liability exposure.

Frequently asked questions

Can a carrier subcontract without the principal's agreement?

No, unless the contract provides otherwise. The transport contract must specify the subcontracting conditions. In all cases, the subcontractor must inform the principal of any cascade subcontracting.

What is the legal payment deadline for a transport subcontractor?

The maximum payment deadline is 30 days from the invoice date, in accordance with Article L.441-10 of the French Commercial Code applicable to road transport.

Is the principal liable for the subcontractor's offences?

Yes, in certain cases. The principal may be held jointly liable in cases of undeclared work or non-compliance with social regulations by the subcontractor.

How can I verify a transport subcontractor's reliability?

Check their transport licence, URSSAF certificate, professional liability insurance, Kbis, and actual capabilities (fleet, service areas). Affretium automates all these checks.

Is cascade subcontracting allowed in transport?

Yes, but it must be contractually regulated. Each link in the chain must inform the original principal. Liability falls back to the first principal in case of issues.

Secure your transport subcontracting

Affretium automatically verifies your subcontractors' compliance and centralises all your contracts. Save time and reduce your risks.