ANTT publishes new table with minimum shipping values

The National Land Transport Agency (ANTT) published last Friday (18/01) in the Official Gazette of the Union (DOU), a new table with minimum freight rates.

Law 13.703, of 2018, which established the National Policy on Minimum Levels for Road Cargo Transport, provides that a new table with minimum freight must be published when there is a fluctuation of more than 10% in the price of diesel oil on the national market. According to the law, the publication of the new table must be made by January 20th and July 20th of each year, with the values ​​being valid for the semester.

The minimum freight policy was one of the demands of truck drivers who paralyzed roads across the country in May last year. The law specifies that the minimum freight floors must reflect the total operational costs of transport, defined and disclosed in accordance with the ANTT, with prioritization of costs related to diesel oil and tolls.

According to the legislation, the table must contain the minimum floors referring to the kilometer driven per loaded axle, considering the distances and specificities of the loads, as well as a calculation spreadsheet used to obtain the minimum floors.

Despite the publication, on Wednesday (16/1), the Federal Court in Brasília accepted an injunction made by the Federation of Industries of São Paulo (Fiesp) and suspended the application of road freight pricing for companies affiliated to the Federation. The decision is provisional and was signed on January 7th by judge Márcio de França Moreira, from the 8th Federal Court of the Federal District.

With the decision, ANTT was prohibited from applying fines for non-compliance with the freight table for entities linked to Fiesp. The decision may be appealed. Judge Márcio de França Moreira understood that there were legal problems in the processing of the Provisional Measure (MP) issued last year by then-president Michel Temer, which established the minimum price policy. The agency said it will appeal the decision.

According to the ANTT resolution, the fines applied to those who fail to comply with the minimum prices in the road freight table fall into four distinct situations, ranging from a minimum value of R$550,00 and reaching a maximum of R$10.500,00.