Freight table goes to presidential sanction

The Plenary of the Chamber of Deputies approved on Wednesday (11/06) Provisional Measure 832/18, which allows the National Land Transport Agency (ANTT) to set a minimum value for freight in road freight transport. The matter, voted on in the form of the conversion bill by deputy Osmar Terra (MDB-RS), was also approved by the Senate.

According to the text, the process of setting minimum freight floors must be technical, have wide publicity and include the participation of representatives of merchandise shippers, freight contractors, cargo transport cooperatives, company unions transport and autonomous cargo carriers. ANTT will be responsible for regulating this participation.

Freight must be defined, at a national level, to reflect the total operational costs of transport, with priority given to the costs of diesel oil and tolls.

Prohibition
From the conversion project onwards, it will be prohibited to enter into any agreement or convention, individually or collectively, in order to charge freight at values ​​lower than the minimum levels.

The MP establishes the National Minimum Level Policy for Road Cargo Transport to “provide adequate retribution for the service provided”.

Osmar Terra's report also grants amnesty to truck drivers and transport companies in relation to fines and sanctions, provided for in the Brazilian Traffic Code (Law 9.503/97) and in other rules or judicial decisions, and related to the strike of the 21st category of May to June 4 this year.

There is, however, a commitment from the government with some parties opposed to the measure to veto it for further discussion on the matter.

Rules
The freight table must be set up considering the kilometer traveled per loaded axle, the distances and the specificities of the loads according to the definition given by the MP itself (general, bulk, refrigerated, dangerous or neo-bulk cargo). The ANTT standard must also contain the calculation spreadsheet used to arrive at minimum freight rates.

The freight table will be published twice a year (until January 20th and July 20th) and is valid for the semester. If the new table is not published within these deadlines, the previous one will remain in force and its values ​​will be updated by the Broad National Consumer Price Index (IPCA) in the accumulated period.

In any case, whenever the price of diesel oil on the national market varies, more or less, beyond 10% of the value used in the calculation spreadsheet, ANTT must publish a new table, considering the variation in the price of fuel.

Entities linked to agribusiness repudiate the tabulation 

At least 40 entities linked to agribusiness are against the freight pricing. The matter is also questioned in the Federal Supreme Court (STF) through Direct Unconstitutionality Actions (ADIs) against Provisional Measure 832/18. ADIs 5956, 5959 and 5964 have Minister Luiz Fux as their rapporteur, who announced that he would wait for a public hearing, scheduled for August 27th, before deciding. 

A request from federal deputy Evandro Gussi (PV-SP) attempted to suspend the legislative process of MP conversion on Wednesday, but the injunction was denied by the president of the STF, minister Cármen Lúcia.