Law No. 12619, Of 30 April 2012

Original Language Title: Lei nº 12.619, de 30 de Abril de 2012

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LEI N °12,619, DE April 30, 2012

Disposes about the exercise of the profession of driver ; changes the Consolidation of Labor Laws-CLT, approved by Decree-Law n °5,452, of 1 °of May 1943, and the Laws n °s 9,503, of September 23, 1997, 10,233, June 5, 2001, 11,079, December 30, 2004, and 12,023, of August 27, 2009, to regulate and discipline the work journey and the driving time of the professional driver ; and gives other arrangements.

P R E S I D E N T A D A R E P U B L I C A I make know that the National Congress decrees and I sanction the following Law:

Art. 1 ° It is free to exercise the profession of professional driver, met the professional conditions and qualifications set out in this Act.

Single Paragraph. They integrate the professional category for this Act to professional drivers of automotive vehicles whose driving requires professional training and to exercise activity upon employing employattic, in the following activities or categories economic:

I-road passenger transport ;

II-road transport of loads ;

III-(VETADO) ;

IV-(VETADO).

Art. 2 ° shall be rights of professional drivers in addition to those provided for in Chapter II of Title II and Chapter II of Title VIII of the Federal Constitution:

I-have free access to vocational training and improvement programmes, in cooperation with the public power ;

II-count, through the Single Health System-SUS, with prophylactic, therapeutic care and rehabilitator, especially in relation to the infirmities who further wave them, depending on the official survey, respected the willing on art. 162 of the Consolidation of Labor Laws-CLT, approved by Decree-Law No. 5,452, 1 ° May 1943 ;

III-do not answer to the employer for material injury arising from the third party action, salvaged the dolo or the driver's desidia, in such cases upon proof, in the fulfillment of their functions ;

IV-receive state protection against criminal actions that are addressed to them in the effective exercise of the profession ;

V-work journey and direction time controlled in a reliable manner by the employer, which it may be worth annotation in logbook, papeler or external work sheet under § 3 of the art. 74 of the Consolidation of Labor Laws-CLT, approved by Decree-Law No. 5,452, 1 ° May 1943, or from optimal electronic means installed in the vehicles, at the employer's discretion.

Single Paragraph. To the professional drivers employed referred to in this Act is ensured the compulsory insurance benefit, costed by the employer, intended for the coverage of the personal risks inherent in their activities, at the minimum value corresponding to 10 (ten) times the salary floor of your category or in higher value fixed at convention or collective agreement of work.

Art. 3 ° Chapter I of Title III of the Consolidation of Labor Laws-CLT, passed by Decree-Law No. 5,452, 1 ° May 1943, passes the following addition of the following IV-A Section:

" TCHAPTER III

.........................................................................................................

CHAPTER I

........................................................................................................

IV-A Section

From the Professional Driver's Service

Art. 235-A. To the service performed by professional driver apply the special precepts of this Section.

Art. 235-B. These are duties of the professional driver:

I-be mindful of the security conditions of the vehicle ;

II-drive the vehicle with expertise, prudence, zeal and with observance of the principles of defensive direction ;

III-respect the traffic legislation and, in special, the standards for driving time and rest time ;

IV-zelar for the cargo carried and by vehicle ;

V-placing itself at the disposal of public bodies of surveillance on the public track ;

VI-(VETADO) ;

VII-submit the test and the programme of control of drug use and alcoholic beverage, instituted by the employer, with extensive employee science.

Single Paragraph. Failure to comply with the provisions of the inciso VI and the refusal of the employee to submit to the test and control program of drug use and alcoholic beverage provided for in inciso VII shall be considered to be disciplinary infraction, liable to penalty under the terms of the law.

Art. 235-C. The daily working journey of the professional driver will be the one established in the Federal Constitution or by means of agreements or collective work convention.

§ 1 ° Admit the extension of the journey of work for up to 2 (two) extraordinary hours.

§ 2 ° Will be considered as effective work o time that the driver is at the employer's disposal, excluded the ranges for meal, rest, wait and rest.

§ 3 ° Will be assured to the professional driver minimum range of 1 (one) hour for meal, in addition to daily rest range of 11 (eleven) hours every 24 (twenty-four) hours and weekly rest of 35 (thirty-five) hours.

§ 4 The hours considered extraordinary will be paid with addition established in the Federal Constitution or by means of agreements or collective work convention.

§ 5 ° At the time of night work applies the willing at art. 73 of this Consolidation.

§ 6 The excess hours of work performed in one day you can be compensated, by the corresponding decrease on another day, if there is forecast in instruments of a collective nature, observed the provisions laid down in this Consolidation.

§ 7 ° (VETADO).

§ 8 ° Are considered time waiting times to exceed the normal journey journey of the road transport driver from loads waiting for loading or unloading of the vehicle on the shipper or consignee or for surveillance of the goods transported in tax barriers or customs, not being computed as overtime.

§ 9 The hours relating to the period of time of waits will be compensated on the basis of the normal salaried-hour plus 30% (thirty per cent).

Art. 235-D. In long-distance travel, thus considered those in which the professional driver remains outside the base of the company, matrix or branch and of his residence for more than 24 (twenty-four) hours, will be observed:

I-minimum range of 30 (thirty) minutes for rest every 4 (four) hours of direction uninterrupted time, and may be fractionated the driving time and the break interval, provided that not completed the 4 (four) uninterrupted hours of direction ;

II-minimum range of 1 (one) time for meal, and may coincide or not with the rest range of the inciso I ;

III-daily rest of the driver obligatory with the parked vehicle, and may be made in bed cabin of the vehicle or in accommodation of the employer, the transport contractor, the shipper or the recipient or in hotel, the assumption of the direction in dual of drivers provided for in § 6 ° of the art. 235-E.

Art. 235-E. To the road transport of cargo in long distance, in addition to that provided in art. 235-D, rules will be applied as per the specificity of the carried out operation.

§ 1 ° In journeys lasting more than 1 (one) week, weekly rest will be 36 (thirty-six) hours per week worked or weekly fraction worked, and their enjoyment will occur in the driver's return to the base (matrix or branch) or at their domicile, unless the company offers adequate conditions for the effective enjoyment of the said rest.

§ 2 ° (VETADO).

§ 3 ° It is allowed the fractionation of rest weekly in 30 (thirty) hours plus 6 (six) hours to be complied with in the same week and in continuity of a daily rest period.

§ 4 ° The driver outside the base of the company that stand with the vehicle stopped for longer than the normal journey of work gets dispensed from the service, except if it is required to stay together with the vehicle, hypothesis where the time surplus on the journey will be considered to be expected.

§ 5 In the long distance journeys and duration, in the loading or unloading operations and in the checks on border tax or customs barriers, the time halted that exceeds the normal journey will be computed as waiting time and will be indenized in the form of § 9 ° of the art. 235-C.

§ 6 ° In cases where the employer adopt drivers' relay working in dual on the same vehicle, the time exceeding the normal journey of work in which the driver is at rest in the moving vehicle will be considered reserve time and will be remunerated at the ratio of 30% (thirty per cent) of the normal time.

§ 7 ° It is guaranteed to the driver who works in minimum daily rest regime minimum 6 (six) consecutive hours outside the vehicle in external accommodation or, if in the bed cabin, with the vehicle parked.

§ 8 ° (VETADO).

§ 9 ° In case of force majeer, duly proven, the duration of the working journey of the professional driver may be elevated by the time required to come out of the extraordinary situation and arrive at a safe place or to its destination.

§ 10. It will not be considered as a work journey nor will it cover the payment of any remuneration the period when the driver or the helper spontaneously stays in the vehicle enjoying the daily rest range or during the enjoyment of their intervals intrigued.

§ 11. In cases where the driver has to accompany the vehicle transported by any means where he will follow onboard, and that the vessel has accommodation for enjoyment of the daily rest range provided for in § 3 ° of the art. 235-C, this time will not be considered as a work journey, other than the remaining time, which will be considered to be expected.

§ 12. The provisions of § 6 ° of this article apply to the transport of long-distance passengers in relay regime.

Art. 235-F. Convention and collective agreement will be able to provide for special journey of 12 (twelve) working hours per 36 (thirty-six) hours of rest for the driver's work, on the grounds of the specificity of transport, seasonality or characteristic that the justifying.

Art. 235-G. The remuneration of the driver in function of distance travelled, travel time and / or the nature and quantity of products transported, including by commission offer or any other type of advantage, whether that remuneration or commissioning to compromise road safety or collective or make it possible to breach the standards of this legislation.

Art. 235-H. Other specific working conditions of the professional driver, provided that not harmful to the health and safety of the worker, including special journeys, remuneration, benefits, ancillary activities and other integral elements of the employment relationship, they may be provided for in conventions and collective agreements of employment, observed the other provisions of this Consolidation. "

Art. 4 ° O art. 71 of the Consolidation of Labor Laws-CLT, approved by Decree-Law No. 5,452, 1 ° May 1943, passes in addition to the following § 5 °:

" Art. 71. ...................................................................................

.........................................................................................................

§ 5 ° The ranges expressed in the caput and in § 1 ° may be fractured when understood between the termination of the first hour worked and the beginning of the last hour worked, provided that it is provided for in convention or collective agreement of work, before the nature of the service and by virtue of the special conditions of the work to which are strictly subjected to drivers, collectors, field supervision and related in road vehicle operation services, employed in the passenger collective transport sector, kept the same remuneration and granted intervals for minor and fractious rest at the end of each trip, not discounted from the journey. " (NR)

Art. 5 ° Law No. 9,503 of September 23, 1997-Brazilian Transit Code, passes the further invigoration of the following Chapter III-A:

" CHAPTER III-A

DA DRIVING OF VEHICLES BY DRIVERS

PROFESSIONALS

Art. 67-A. It is vetoed to the professional driver, in the exercise of his profession and in the driving of vehicle mentioned in the inciso II of the art. 105 of this Code, drive for more than 4 (four) uninterrupted hours.

§ 1 ° Will be observed minimum range of 30 (thirty) minutes for rest every 4 (four) uninterrupted hours in vehicle driving referred to in the caput, being given the fractionation of the driving time and rest range, provided that not completed 4 (four) continuous hours in the exercise of driving.

§ 2 ° In exceptional situations of non-compliance justified from the direction time set in the caput and as long as it does not compromise road safety, the driving time can be extended by up to 1 (a) time, so as to allow the driver, the vehicle and its cargo to reach the place that offer the security and the demanding care.

§ 3 The conductor is obliged to, within the period of 24 (twenty-four) hours, observe a range of at least 11 (eleven) hours of rest, and may be fractionated in 9 (nine) hours plus 2 (two), on the same day.

§ 4 ° Understand as direction time or vehicle driving only the period in which the driver is effectively to the steering wheel of an on-going vehicle between the origin and its destination, respected the provisions of § 1 °, and provided to rest in the interior of the vehicle itself, provided that this be endowed with appropriate places for the nature and duration of the required rest.

§ 5 ° The conductor will only start travel with duration greater than 1 (one) day, i.e. 24 (twenty-four) hours after full fulfillment of the rest range provided for in § 3 °.

§ 6 ° Understand as the start of travel, for the purposes of the provisions of § 5 °, the departure of the driver shortly after loading of the vehicle, considering as a continuation of the journey the departures in the subsequent days to the destination.

§ 7 ° No cargo conveyor or of passengers, shipper, cargo consignee, cargo terminal operator, multimodal freight operator or charge agent will allow or order any driver to their service, albeit subcontractor, that conducts vehicle referred to in the caput without the observance of the provisions of § 5 °.

§ 8 ° (VETADO).

Art 67-B. (VETADO).

Art. 67-C. The professional driver in the driver condition is responsible for controlling the time of driving stipulated in art. 67-A, with views in its strict observance.

Single Paragraph. The driver of the vehicle will respond by non-compliance with the rest periods set in the art. 67-A, by staying subject to the penalties arising therefrom, provided for in this Code.

Art. 67-D. (VETADO). "

Art. 6 ° Law No. 9,503 of September 23, 1997-Brazilian Transit Code, passes vigorously with the following changes:

" Art. 145. .................................................................................

Single Paragraph. The specialised course participation provided for in inciso IV depends on the observance of the provisions in the inciso III. " (NR)

" Art. 230. ................................................................................

.........................................................................................................

XXIII-at odds with the conditions established in art. 67-A, in relation to the time of stay of the driver to the steering wheel and to breaks for rest when dealing with cargo or passenger transport vehicle:

Infraction-grave ;

Penalty-fine ;

Administrative measure-retention of the vehicle for fulfillment of the applicable rest time ;

XXIV-(VETADO). " (NR)

" Art. 259. ................................................................................

.........................................................................................................

§ 3 ° (VETADO). " (NR)

" Art. 261. ................................................................................

........................................................................................................

§ 3 ° (VETADO).

§ 4 ° (VETADO). " (NR)

" Art. 310-A. (VETADO). "

Art. 7 ° (VETADO).

Art. 8 ° (VETADO).

Art. 9 ° The health and comfort conditions in the waiting places of the cargo transport drivers in cargo conveyor courtyards, shipper, cargo consignee, cargo terminal operator, intermodal charge operator or agent of loads, fertilizers, seaports, river and dry and local for rest and rest, for road passenger transport drivers, stop points, support, accommodation, cafeterias of the companies or third parties will have to obey to the provisions of the Regulatory Standards of the Ministry of Labour and Employment, among others.

Art. 10. (VETADO).

Art. 11. (VETADO).

Art. 12. (VETADO).

Brasilia, April 30, 2012 ; 191 ° of the Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Jose Eduardo Cardozo

Guido Mantega

Paulo Sérgio Oliveira Passos

Paulo Roberto dos Santos Pinto

Miriam Belchior

Aguinaldo Ribeiro

Gilberto Carvalho

Louis Inácio Lucena Adams