ANTT proposes public hearing to review Resolution on Minimum Prices for Cargo Transportation

The objective is to deepen studies of operational costs and methodological adjustments

18.10.2024 | 15:58 (UTC -3)
ANTT
Photo: Disclosure
Photo: Disclosure

This week, the National Land Transportation Agency (ANTT) approved the opening of a new public hearing to review Resolution No. 5.867/2020, which defines the rules and coefficients of minimum fares for road freight transportation in Brazil. The contribution period will be from October 23 to November 22, 2024. This hearing is part of the seventh regulatory cycle of ordinary review of the National Policy of Minimum Prices for Road Freight Transportation (PNPM-TRC), established by Law No. 13.703/2018. The agenda was deliberated and unanimously approved during the 993rd Collegiate Board Meeting (ReDir). The rapporteur for the process was ANTT Director Felipe Queiroz.

The hybrid session of the public hearing, conducted by the Superintendence of Road and Multimodal Cargo Transportation Services (Suroc), will be held on November 7, 2024, from 14:18 p.m. to 350:18 p.m. It will take place in the auditorium of ANTT's headquarters in Brasília, with capacity for XNUMX people, and will be broadcast live on ANTT's YouTube channel (www.youtube.com/@canalANTT/streams). All documents and guidelines related to the public hearing will be available from October XNUMX on ANTT's portal, through the ParticipANTT System.

Resolution No. 5.867/2020, which is in force, establishes the criteria for determining minimum freight rates based on the kilometer traveled, considering the number of loaded axles of the vehicles. These minimum rates aim to guarantee fair remuneration to truck drivers, reflecting the total operational costs of transportation, especially those related to fuel.

 As provided for in Law No. 13.703/2018, ANTT must update the minimum fuel price coefficients every six months, in January and July, using operating costs as a reference and, in particular, fluctuations in diesel prices, which, when rising by more than 5%, require an extraordinary update. Since the publication of the resolution, ANTT has been reviewing these values ​​in regulatory cycles, which involve detailed analyses, market consultations and social participation through public hearings and public consultations.

Problems identified 

Suroc identified two main problems in the application of Resolution No. 5.867/2020. The first concerns the exclusive consideration of S10 diesel oil as a reference for calculating fuel costs. Although S10 is widely used, many cargo vehicles still use S500 diesel, which has a different cost, which is not reflected in the current methodology. However, according to the regulatory impact analysis, it was decided to maintain only S10 Diesel oil in the methodology.

The second problem is related to the monitoring of the minimum wage policy when the issuer of the document characterizing the transport operation omits the value of the provision of the paid road freight transport service, resulting in difficulties in monitoring and an increase in the number of appeals against fines that the agency needs to analyze. 

Previous regulatory cycles

Since the National Minimum Freight Policy came into effect in 2018, ANTT has carried out six cycles of regular reviews, with the participation of market agents, sector entities and civil society. The last updates to the minimum freight table were carried out in July 2024, based on the application of the Broad National Consumer Price Index (IPCA), but the new proposed review seeks to deepen the studies of operational costs and methodological adjustments. 

Social participation and impact

The public hearing aims to encourage social participation and promote transparency, collecting suggestions from society and agents in the cargo transportation sector, seeking to improve the rules established by the current resolution. 

The final decision on the review of Resolution No. 5.867/2020 must be taken before January 20, 2025, in compliance with the provisions of Law No. 13.703/2018. The review is extremely important for the freight transportation sector, which depends on a balance between fair remuneration for carriers and cost control for contractors.

"ANTT's regulatory review process, although technical and complex, is essential to ensure that the standards are in line with the realities of the freight transport market. The new coefficients proposed must be fairer and reflect the real costs of transport, especially in relation to fuel, which is one of the main components of freight", explained ANTT director and rapporteur of the process, Felipe Queiroz. 

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