Just days before its expiration, Provisional Measure (MP) 1343/26, which deals with the monitoring of the minimum wage or minimum payment for road freight, was approved this Tuesday (14) by the Senate, according to a note from "Agência Brasil". The text reinforces the monitoring, making the prior registration of transport operations in the Transport Operation Identifier Code (CIOT) mandatory, with data such as origin, destination, cargo, value and payment deadline. The MP needed to be voted on by senators by July 16 to avoid lapsing. The matter now goes to the president for sanction.
Changes
The senators made changes to the wording of the text, justifying it as a correction of material and legislative technique errors in what was approved by the Chamber of Deputies in June. The parliamentarians removed the provision for a national minimum wage of R$ 5,000 per month for truck drivers who travel long distances. This minimum wage was included during the processing of the Provisional Measure in the Joint Committee that analyzed the text and in the plenary of the Chamber of Deputies, but the senators considered it unconstitutional. During the vote, the senators maintained a section included in the Chamber that provides amnesty for fines applied to truck drivers, cargo transporters, and individuals and legal entities for blocking highways, after the 2022 elections. The forgiveness of fines was not included in the measure issued by the federal government, and this section may be vetoed by President Luiz Inácio Lula da Silva.
Punishments
The text approved this Tuesday establishes, among other points, a tiered system of sanctions for those who contract freight below the legal minimum. The new rules also apply to intermediaries and digital platforms that offer services below the minimum rate. The penalties include fines ranging from R$ 100,000 to R$ 1 million, suspension of the carrier's registration, and cancellation of registration in cases of repeated offenses. Furthermore, the Provisional Measure states that the table with the rules for calculating the minimum rates for road freight transport must consider the operational costs of the activity, such as fuel, maintenance, tires, insurance, taxes, wages, and loading and unloading time.
Freight table updates
According to the law, the freight rate table must be updated every six months. Furthermore, adjustments must occur when there is a variation equal to or greater than 5% in fuel prices. The National Land Transport Agency (ANTT) must publish the new values within three business days. Another point in the text is that ANTT may partner with Infra SA to calculate the minimum rates. The measure also transforms the CIOT (Electronic Freight Payment System) into a central instrument for control and oversight, linking the contracting of transport to the prior registration of essential operational information. Among the information to be registered are the data of the contracting party, the contracted party, and the subcontractor, if any, as well as the identification of the cargo, its origin, destination, the value of the freight paid, the applicable minimum rate, the payment method, and other elements necessary for monitoring the operation. In addition, the text establishes that ANTT must prevent the generation of the CIOT when the contract is inconsistent with the applicable minimum freight rate.
Procargas
Regarding the National Cargo Transportation Development Support Program (Procargas), the text mentions the possibility of support for the renewal of truck and road equipment fleets, driver training, and the adoption of new technologies and projects focused on the health and safety of professionals in the sector. Independent transporters and cooperatives will have priority access to financing and incentives provided by the program.
This text was translated by machine from Brazilian Portuguese.