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Provisional Measure No. 2,025, 03 May 2000

Original Language Title: Medida Provisória nº 2.025, de 03 de maio de 2000

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PROVISIONAL MEASURE NO. 2.025-1, OF May 3, 2000.

Institutes the Vale-mandatory toll on road transport of cargo and gives other arrangements.

O PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º It is instituted the Vale-Required toll, for effective use in expense of load displacement by means of road transport, on the Brazilian highways.

§ 1º The payment of the toll tariff, by cargo vehicles, becomes the responsibility of the shipper.

§ 2º For effect of the provisions of the caput, considers shipper the owner originating in the cargo.

Art. 2º The acquisition of the compulsory Valley-Pedagiarism, by the shipper, for the purposes of repassing the cargo carrier, will give it to the dealerships of the highways, and the marketing being delegated to sales power stations or other institutions at the discretion of the dealership.

§ 1º The compulsory Valley-Pedagiarism must be handed over to the autonomous road transporter in the act of the contracting of the service of transport, in the value required for free movement between its origin and the destination.

§ 2º Being carried by commercial enterprise to one single shipper, the provisions of the preceding paragraph apply.

§ 3º The prorogation of the value of the Vale-Pedagiarism in the case, of the Fractional transport, will be defined in regulation.

§ 4º As a reimbursement criterion for the costs derived from the tolls, the shipper is to be ressarated by the conveyor by up to one percent of the value of the hired freight.

§ 5º In the event that the carrier is legal person is to substruct the autonomous transport service, he / she is expected to discount one percent on the value of the substruction.

Art. 3º The compulsory Valley-Pedagic toll cannot be accounted for in the freight's value of the cargo to be transported, by Brazilian highways in which there is toll collection.

Art. 4º Stay the shipper subject to the administrative fine of five hundred to ten thousand UFIR per infraction to the provisions of this Provisional Measure, to be enforced by the competent body, in the form of the Regulation.

§ 1º Compete to the Ministry of Justice to accompany the fulfillment to the provisions of this Provisional Measure, by diligenising with the competent bodies the necessary arrangements for their compliance.

§ 2º The Ministry of Justice will be able to celebrate convents with organs of the administration for the exercise of the assignments provided for in this article.

Art. 5º Without prejudice to the preceding article, in the hypotheses of infringement of the provisions of this Provisional Measure, the shipper will be obliged to indemnify the transporter in amount equivalent to double the value of the freight.

Art. 6º The competent bodies of the Executive Power, within the framework of their assignments, shall take the necessary arrangements, in thirty days, for compliance with the provisions of this Provisional Measure.

§ 1º From the nine hours of the day 4 to the twenty-four hours of the May 11, 2000, the cargo road transport vehicles will have free movement, without payment of the toll tariff, on the highways on federal concession.

§ 2º As of May 12, 2000, the shipper will pass to anticipating the Vale-mandatory toll of the transporter, in own model or in kind, independently of the freight's value.

Art. 7º This Interim Meastation takes effect on the date of its publication.

Art. 8º Revogize the Provisional Measure No. 2024, of May 2, 2000.

Brasilia, May 3, 2000; 179º of Independence and 112º of the Republic.

Fernando Henrique Cardoso

José Gregori

Eliseu Padilha