Law No. 12619, Of 30 April 2012

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
LAW N° 12619, of 30 APRIL 2012 on the practice of the profession of driver; changes the consolidation of labor laws – CLT, approved by Decree-Law No. 5452, 1 May 1943, and the law No. 9503, of 23 September 1997, 10233, of 5 June 2001, 11079, of 30 December 2004, 12023, and August 27, 2009 to regulate and discipline the workday and direction of professional driver; and other matters.
P R E S I D E N T D R E P u B L I C A I do know that the National Congress decrees and I sanction the following law: Art. 1° free is the practice of the profession of professional driver, met the conditions and qualifications set out in this law.
Sole paragraph. The Professional category which deals with this law the professional drivers of motor vehicles whose driving require training and exercising the activity through employment, in the following activities or economic categories: I-road passenger transport;
II-transport of loads;
III-(VETOED);
IV-(VETOED).
Art. 2° rights of professional drivers, in addition to those provided for in chapter II of title II and chapter II of title VIII of the Constitution: I-has free access to training programmes and professional development, in cooperation with the public authorities;
II-tell, through the unified Health System-SUS, with therapeutic and prophylactic, rehabilitation service, especially in relation to diseases that more the acometam, according to an official survey, respected the provisions of art. 162 the consolidation of labor laws – CLT, approved by Decree-Law No. 5452, 1 May 1943;
III-no answer to the employer for pecuniary loss resulting from the action of a third party, except for deceit or the inaction of the driver, in this case by proving, in the fulfilment of its functions;
IV-receive State protection against criminal actions addressed to them in the effective exercise of the profession;
V-day's work and time controlled reliable way direction by the employer, who may avail himself of Pushpin in logbook, Chad or external job card, pursuant to § 3 of art. 74 the consolidation of labor laws – CLT, approved by Decree-Law No. 5452, 1 May 1943, or suitable electronic means installed in vehicles, at the discretion of the employer.
Sole paragraph. Drivers professionals employees referred to in this law are provided the benefit of compulsory insurance, paid by the employer for the coverage of the personal risk inherent in their activities, in the minimum value corresponding to 10 (ten) times the wage of their category or higher value set at Convention or collective labour agreement.
Art. 3° the Chapter I of title III of the consolidated labor laws – CLT, approved by Decree-Law No. 5452, 1 May 1943, goes into effect plus the following section IV: "TITLE III.........................................................................................................
CAPÍTULO I
........................................................................................................
Section IV-the driver's Professional Service Art. 235-in service run by a professional driver apply the special provisions of this section.
Art. 235. Are duties of the professional driver: I-be aware of the safety conditions of the vehicle;
II-driving with skill, prudence, zeal and with adherence to the principles of defensive driving;
III-respect the traffic laws and, in particular, the rules on driving and rest time;
IV-to ensure the cargo and by the vehicle;
V-put yourself at the disposal of the public supervisory bodies on the public highway;
SAW-(VETOED);
VII-to undergo testing and control program of use of drugs and alcohol, established by employer, with broad science.
Sole paragraph. Failure to comply with the provisions of item VI and the refusal of the employee to submit to the test and to control the use of drugs and alcohol provided for in section VII shall be considered disciplinary infraction, subject to penalty in accordance with law.
Art. 235-C. The daily journey to work of a professional driver will be established in the Federal Constitution or by collective agreements or Convention instruments work.
§ 1° it is the extension of the working day for up to 2 (two) hours.
§ 2 shall be considered as effective as long as the driver is at the disposal of the employer, excluding meal breaks, rest, and relaxation.
§ 3 shall be provided to professional driver minimum interval of 1 (one) hour for meal, in addition to daily rest interval of 11 (eleven) hours every 24 (twenty four) hours and weekly rest period of 35 (35) hours.
§ 4° The hours considered overtime will be paid for with an increase in the Federal Constitution or established by collective bargaining agreements or instruments of work.
§ 5° at the time of night work applies the provisions of art. 73 this consolidation.
§ 6° excess hours of work in a day can be compensated, by the corresponding decrease in another day, if there is prediction of collective nature, in compliance with the provisions laid down in this consolidation.
§ 7° (vetoed).
§ 8° are considered standby time hours that exceed the normal journey from road haulage driver loads waiting for loading or unloading of the vehicle on the shipper or consignee or for inspection of goods transported in tax or customs barriers, not being computed as overtime.
§ 9° hours relating to the period of the timeout will be compensated based on the normal time salary plus 30% (thirty per cent).
Art. 235. In long-distance trips, thus considered those in which the professional driver remains off the base of the company, headquarters or branch office and his residence for more than 24 (twenty four) hours, shall be observed: (I)-minimum interval of 30 (thirty) minutes to rest every 4 (four) hours of uninterrupted time direction, and can be fractionated the driving time and rest interval as long as they do not complete the 4 (four) uninterrupted hours of direction;
II-minimum interval of 1 (one) hour for meal, which may coincide or not with the rest of the range item I;
III-the driver's compulsory daily rest with the parked vehicle, which may be done in the vehicle cabin or accommodation of the employer, the contractor of the transportation, the shipper or the consignee or in hotel, subject to the possibility of dual direction of drivers provided for in § 6 of art. 235.
Art. 235. The transport of loads in long distance beyond provided for in art. 235-D, rules will be applied according to the specific nature of the transport operation performed.
§ 1° journeys lasting more than 1 (one) week, the weekly rest period shall be 36 (36) hours a week worked or fraction, and his weekly will occur at the driver's return to base (array or affiliate) or in your home, unless the company offer appropriate conditions for the effective enjoyment of the rest.
§ 2° (vetoed).
§ 3° is permitted the fractionation of the weekly rest period in 30 (thirty) hours over 6 (six) hours to be met in the same week and in continuity of a daily rest period.
§ 4° the driver off the base of the company to stay with the vehicle stationary for longer than the normal journey is relieved of duty, except if required to stay near the vehicle, in which over time to the journey will be considered.
§ 5° In long-distance travel and duration, the loading or unloading operations and in audits in fiscal or customs border barriers, the downtime that exceeds the normal journey will be computed as waiting time and will be compensated in the form of § 9 of the art. 235-C.
§ 6° in cases where the employer adopt relay drivers working in pairs in the same vehicle, the time that exceed the normal journey in which the driver is at rest on the vehicle in motion shall be considered as time and will be paid on grounds of 30% (30%) of the normal time.
§ 7° is guaranteed the driver who works under minimum daily rest relay 6 (six) consecutive hours off the vehicle external or accommodation, the cabin bed, when the vehicle is parked.
§ 8° (vetoed).
§ 9° In case of force majeure duly established, the duration of working hours of professional driver may be lifted by the time necessary to get out of the extraordinary situation and get to a safe place or at your destination.
§ 10. Will not be regarded as working time or shall lead to the payment of any remuneration for the period in which the driver or the co-driver stay spontaneously in vehicle enjoying the range of daily rest period or during the enjoyment of his intrajornadas ranges.
§ 11. In cases where the driver has to follow the vehicle transported by any means where he boarded, and follow the vessel with accommodation for the range of daily rest period provided for in § 3 of art. 235-C, that time shall not be regarded as working time, unless the remaining time, which will be considered.

§ 12. Applies the provisions of § 6 of this article to the long-distance passenger transport in relay.
Art. 235 – Convention and collective agreement may provide for special journey of 12 (twelve) hours of work by 36 (36) hours of rest for the work of the driver, due to the specificity of the transmission, seasonality or feature that justifies it.
Art. 235. It is prohibited to driver's remuneration on the basis of the distance travelled, journey time and/or of the nature and quantity of goods transported, including through provision of Commission or any other type of advantage, if such remuneration or Commission compromise road safety or collective or allow violations of the norms of the present legislation.
Art. 235. Other specific conditions of work of a professional driver, as long as they're not harmful to health and worker safety, including special journeys, compensation, benefits, ancillary activities and other integral elements of the employment relationship, may be laid down in conventions and collective work agreements, subject to other provisions of this consolidation. "
Art. 4° the art. 71 the consolidation of labor laws – CLT, approved by Decree-Law No. 5452, 1 May 1943, goes into effect plus the following § 5°: "Art. 71............................................................................................................................................................................................. § 5° intervals expressed in the chapeau and in § 1° can be fractionated when between the end of the first hour worked and the beginning of the last hour worked, since that provided for in the agreement or collective bargaining, compared to the nature of the service and by virtue of the special conditions of work to which they are subjected strictly drivers, tax collectors, surveillance and related field services operation of road vehicles employed in the sector of public transport of passengers, maintained the same remuneration and granted rest intervals and minor fractionated at the end of each trip, not discounted the journey. " (NR)
Art. 5° the law No. 9503, of 23 September 1997-Brazilian Transit Code goes into effect the following Chapter IIIA: "CHAPTER III-the DRIVING by PROFESSIONAL DRIVERS Art. 67 it is sealed to the professional driver, in the exercise of their profession and in conducting vehicle referred to in item II of art. 105 of this code, driving more than 4 (four) uninterrupted hours.
§ 1 shall be observed minimum interval of 30 (thirty) minutes to rest every 4 (four) uninterrupted hours in driving of vehicle referred to in the caput, being provided to the fractionation of the direction and time interval of rest, since not completed 4 (four) hours of continuous driving.
§ 2° In exceptional situations of non-compliance with justified time direction established in the caput and since that do not compromise road safety, driving time may be extended for up to 1 (one) hour in order to allow the driver, the vehicle and its cargo reach the place that offers the security and service demanded.
§ 3° the driver is required to, within the period of 24 (twenty four) hours, observe a break of at least 11 (eleven) hours of rest, and may be packed in 9 (nine) hours plus 2 (two), on the same day.
§ 4° means time of vehicle driving direction or just the period in which the driver is effectively driving a vehicle going on between the source and its destination, respected the provisions of § 1°, being provided rest inside the vehicle itself, provided it is equipped with appropriate locations for the nature and the duration of rest required.
§ 5° the driver only begin trip with duration greater than 1 (one) day, i.e. 24 (twenty four) hours after the full compliance with the range of rest provided for in § 3°.
§ 6° it is understood as the start of a journey, for the purposes of the provisions of § 5°, the conductor's departure shortly after the loading of the vehicle, as a continuation of the journey the matches in the days subsequent to the destination.
§ 7° No cargo or passenger carrier, shipper, consignee of cargo, cargo terminal operator, multimodal transport operator or cargo loads will allow or agent shall authorise any driver at your service, even if subcontractor, to drive a vehicle referred to in the caput without being subject to the provisions of § 5°.
§ 8° (vetoed).
Art 67-b. (vetoed).
Art. 67. The professional driver provided driver is responsible for controlling the driving time stipulated in art. 67-the views on their strict observance.
Sole paragraph. The driver of the vehicle shall be liable for non-compliance with the rest periods laid down in art. 67-, becoming subject to penalties arising from, provided for in this code.
Art. 67. (vetoed). "
Art. 6° the law No. 9503, of 23 September 1997-Brazilian Transit Code goes into effect with the following changes: "Art. 145. .................................................................................
Sole paragraph. Participation in specialized course provided for in item (IV) is independent of the observance of the provisions of paragraph III. " (NR)
"Art. 230. ................................................................................
.........................................................................................................
XXIII-in accordance with the conditions laid down in art. 67-concerning on-call time of the driver at the wheel and the rest intervals, in the case of freight transport vehicle or passengers: infraction-serious;
Penalty-fine;
Administrative measure-retention of the vehicle for compliance with the applicable rest time;
XXIV-(VETOED). " (NR)
"Art. 259. ................................................................................
.........................................................................................................
§ 3° (VETADO)." (NR)
"Art. 261. ................................................................................
........................................................................................................
§ 3° ( VETADO).
§ 4° (vetoed). " (NR)
"Art. 310-(vetoed). "
Art. 7° (vetoed).
Art. 8° (vetoed).
Art. 9° sanitary conditions and comfort in the waiting local transport drivers ' loads in courtyards of the carrier, cargo shipper, consignee of cargo, cargo terminal operator, intermodal cargo operator or cargo agent, customs, ports, inland waterways and dry and places for rest and relaxation, for drivers of passenger transport by road , stop points, support, accommodation, canteens or third party companies will have to comply with Regulatory standards of the Ministry of labor and employment, among others.
Art. 10. (vetoed).
Art. 11. (vetoed).
Art. 12. (vetoed).
Brasilia, April 30 2012; 191° and 124° independence of the Republic.
ROUSSEFF José Eduardo Cardozo Guido Mantega Paulo Sérgio Oliveira Steps Paulo Roberto dos Santos Pinto Miriam Belchior Aguinaldo Ribeiro Gilberto Carvalho Luís Inácio Lucena Adams

Related Laws