PROVISIONAL MEASURE NO. 2.025-7, OF October 26, 2000.

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

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the post of the PRESIDENT OF THE REPUBLIC, using 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 expenses of displacement of cargo by means of transportation road, on the Brazilian highways.

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

§ 2º For the purpose of the provisions of § 1º, the shipper shall be deemed to be shipper the owner originating in the cargo, contractor of the cargo road transport service.

§ 3º Equipared, still, to the shipper:

I-the contractor of the cargo road transport service that does not be the owner originating in the cargo;

II-the carrier company that undertakes cargo transport service provided by autonomous transporter.

Art. 2º The value of the Vale-Pedagiarism does not integrate the value of the freight, will not be considered as operating income or taxable income, nor will it constitute basis of incidence of social or pension contributions.

Single Paragraph. The value of the mandatory Valley-Pedagiarism should be highlighted in specific field in the comprobatory document of the transport.

Art. 3º As of May 12, 2000, the shipper will henchforward to anticipate the Vale-Required toll to the transporter, in a model of its own or in kind, irrespective of the value of the freight, the provisions of Paragraph 5º of this article are restrained.

§ 1º When the compulsory Valley-Pedagiarism is dispatched in own model, the acquisition, by the shipper, for the purpose of repassing the cargo carrier, will give itself to the dealerships of the highways, and the marketing may be delegated to sales power stations or other institutions, at the discretion of the dealership.

§ 2º The compulsory Valley-Pedagiarism should be handed over to the autonomous road transporter in the act of the shipment arising from the contracting of the transport service in the necessary value to the free movement between its origin and the destination.

§ 3º Being the transport effected by commercial enterprise to one shipper only, the provisions of the preceding paragraph apply.

§ 4º The prorogation of the value of the Vale-mandatory toll, in the case of fractional transport, will defined in regulation.

§ 5º In the case of fractional transport, effected by commercial road transport company, the Rateio of the Vale-mandatory toll will be done by dispatch, highlighting its value in the knowledge to discharge, by the shipper, together with the value of the freight to be billed.

§ 6º Until July 20, 2000, the highway dealerships practicing the toll collection will inform the Transportation Office Land of the Ministry of Transport the proper model of Vale-mandatory toll that are making available to those interested and the places in which they can be acquired.

§ 7º The disservice of which sets the paragraph previous will entail the application of a daily fine of R$ 550, to 00 (five hundred and fifty reais).

Art. 4º When providing Vale-Required toll road to the road haulage conveyor, the shipper has the right to deduct value corresponding up to one percent of the contracted freight, the title of indemnification.

Single paragraph. The deduction of which treats the caput of this article is limited to the value of the Vale-mandatory Pedagiarism.

Art. 5º The defulfillment of the provisions of this Interim Measment shall subject the offender to the application of administrative fine from R$ 550, to 00 (five hundred and fifty reais) to R$ 10,500.00 (ten thousand and five hundred reais), to be applied by the competent body, in the form of the regulation.

Art. 6º Compete to the Ministry of Transport the adoption of the measures indispensable to the deployment of the Vale-mandatory Pedagiarism, the regulation, coordination, delegation and surveillance, processing and application of penalties for infractions to this Interim Measment.

§ 1º The audit, the processing and application of the penalties provided for in this article may be decentralized upon convenium to be entered into with the Ministry of Labour and Employment and with other bodies or entities of the Federal Public Administration, of the States, of the Federal District or of the Municipalities.

§ 2º The Ministry of Transport obliges itself to subsidize the organs or entities of which it treats the preceding paragraph by supplying them with necessary and updated elements.

Art. 7º In case the Ministry of Labour and Employment comes to exercise, by delegation and decentralization, the activities inherent in the Ministry of Transport, the values raised, arising from the fines for it applied, will constitute additional revenue from the Amparo Fund to Worker-FAT, of which it treats Law No. 7,998, of January 11, 1990.

Art. 8º Without prejudice to what establishes the art. 5º, 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 twice the value of the freight.

Art. 9º The competent organs of the Power Executive, within the framework of his assignments, shall take the necessary arrangements, in thirty days, for the fulfillment of the provisions of this Provisional Measure.

Single paragraph. From the nine hours of 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 fare, on the highways under federal concession.

Art. 10. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.025-6, of September 27, 2000.

Art. 11. This Interim Measure takes effect on the date of its publication.

Brasilia, October 26, 2000; 179º of Independence and 112º of the Republic.

Marco antonio de oliveira maciel

José Gregori

Eliseu Padilha

Paulo Jobim Filho