ABIOVE defends improvement in ANTT's proposal for freight

ABIOVE (Brazilian Association of Vegetable Oil Industries) suggested to ANTT that the new resolution that regulates Law 13.703 excludes article 9 of the draft that provides for the blocking of the Transport Operation Identifier Code (CIOT). The reason is that the CIOT is not applied to all transport operations and this restriction will accentuate the lack of equality between transport companies, on the one hand, and independent and similar transport companies, on the other. Furthermore, the Single Electronic Transport Document (DTe) is in the process of being developed by the Ministry of Infrastructure and its implementation will definitely overcome the excessive bureaucracy currently underway that reduces truck drivers' income due to the fees charged by intermediaries. In a contribution sent after public hearings held by the National Land Transport Agency, ABIOVE also emphasizes that the new table must respect what art says. 4, § 1 of the Law. In other words, the minimum freight must reflect the total operational costs of transport.  

“If provisional measure 832 imposed a deadline on ANTT that is incompatible with the complexity of the issue, causing disruptions and losses to society as a whole, at this moment the conduct follows a transparent technical process with broad participation from society. Now we have the opportunity to correct the path. To achieve this, it is necessary to recognize the excellent work carried out by ESALQ-LOG and work so that the new table comes into force considering the contributions of the entire society”, states André Nassar, executive president of ABIOVE. In the document, the entity also suggests the creation of a new annex containing the parameters for calculating the minimum cost, its sources, update frequency and specifications, as well as the formulas and calculation methods, in order to guarantee its perpetuity and transparency. And that any modification to these items, whether due to a change in the researched product or a change in calculation formulas, must undergo a new regulatory impact analysis and other rounds of consultations with interested parties to guarantee transparency and society's broad right to participation. 

ABIOVE also reinforces the importance of applying the schedule exclusively for hiring self-employed truck drivers. With a technically revised table aimed at this public, there will be no incentive for the demand for transport to migrate to other modes nor will it be possible for self-employed people to find themselves without merchandise.

Another highlighted point is the need for amnesty for fines applied before the current debate, since the text under consultation unequivocally shows that the table in ANTT Resolution 5.820/2018 imposed minimum prices incompatible with economic reality, making the imposition of sanctions and punishments for contractors.

“In addition, the current text dealt in a generic and deficient way with issues related to inspection and procedures applicable to those who did not comply with the table”, explains Nassar. “Punishments must be carried out through laws, with equality in the penalties applied to both sides, truck drivers and shippers.”

In recent weeks, ANTT promoted five public hearings to obtain contributions from society for the methodology for calculating the freight table prepared by ESALQ-LOG/USP. On Friday, May 24th, the public consultation period for the study closed, which definitively proved that the table currently in force imposed unrealistic minimum freight prices that were incompatible with the total operating cost.

Since the implementation of the table, ABIOVE has taken a position against the measure. The Association, however, participated in all public discussions about the new methodology and filed a document with 51 pages of technical contributions to the proposal to review the regulation of the National Minimum Floor Policy (PNPM) so that the new regulation to be published on July 20th is in compliance with the provisions of Law 13.703. In parallel, discussions continue around the unconstitutionality of the freight price table in the Federal Supreme Court (STF).