Advanced Search

Law No. 10209, 23 March 2001

Original Language Title: Lei nº 10.209, de 23 de Março de 2001

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LEI N ° 10,209, OF March 23, 2001

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

I do know that the President of the Republic has adopted the Provisional Measure n ° 2.107-12, of 2001, which the National Congress adopted, and I, Jader Barbalho, President, for the purposes of the provisions of the single paragraph of art. 62 of the Federal Constitution, promulgated the following Law:

Art. 1 ° Stay instituted the Valley-Pedagiarism obligatory, for effective use in charge displacement expenses through road transport, on Brazilian highways.

§ 1 ° The toll payment, by freight vehicles, becomes the responsibility of the shipper.

§ 2 ° For the purpose of the provisions of § 1 °, the owner originating in the cargo, contractor of the cargo road transport service, is considered to be shipper.

§ 3 ° Equip, still, to the shipper:

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

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

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

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

Art. 3 ° As of May 12, 2000, the shipper will pass on to anticipate the Valley-mandatory toll of the transporter, in own model or in kind, regardless of the value of the freight, re-salvaged the provisions of Paragraph 5º of this article.

§ 1 ° When the Vale-mandatory toll is dispatched in model own, the acquisition, by the shipper, for the purposes of repassing the cargo carrier, shall be given 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.

§ 2 ° The compulsory Valley-mandatory toll is to 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.

§ 3 ° Being the transport effected by commercial enterprise to one single shipper, the provisions of the preceding paragraph shall apply.

§ 4 ° The prorogation of the value of the Vale-obligatory toll, in the case of fractional transport, will be defined in regulation.

§ 5 ° In the case of fractional transport, effected by commercial road transport company, the rateio of the Vale-compulsory toll will be done by dispatching, highlighting its value in the knowledge for discharge, by the shipper, along with the value of the freight to be billed.

§ 6 ° Until July 20, 2000, highway dealerships practicing the toll collection will inform the Land Transport Office of the Ministry of Transport the model of its own of Vale-Required Pedagiarism that are making available to those interested and the places in which they can be purchased.

§ 7 ° The failure to do so that sets out the preceding paragraph shall entail the application of a daily fine of R$ 550.00 (five hundred and fifty reais).

Art. 4 ° By providing Vale-Required toll road to the road haulage carrier, the shipper has the right to deduct corresponding value up to one per cent of the hired freight, for severance title.

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

Art. 5 ° The defulfillment of the provisions of this Act shall subject the offender to the application of administrative fine of R$ 550.00 (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.

A rt. 6 ° Compete to the Ministry of Transport the adoption of the indispensable measures to the deployment of the Vale-mandatory Pedagiarism, regulation, coordination, delegation and surveillance, processing and application of penalties for infractions to this Act.

§ 1 ° The surveillance, processing and application of the penalties provided for in this article could 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, the states, the Federal District or the Municipalities.

§ 2 ° 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. 7 ° Should the Ministry of Labour and Employment come 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 the Worker-FAT, of which it treats Law No. 7,998, of January 11, 1990.

Art. 8 ° Without prejudice to what establishes art. 5 °, in the hypotheses of infringement of the provisions of this Act, the shipper will be obliged to indemnify the transporter in amount equivalent to twice the value of the freight.

Art. 9 ° The competent bodies of the Executive Power, within the framework of their assignments, shall take the necessary arrangements, in thirty days, for the fulfillment of the provisions of this Act.

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. Ficam convalidated the acts practiced on the basis of the Interim Measles n ° 2.107-11, of January 26 of 2001.

Art. 11. This Law comes into effect on the date of its publication.

National Congress, on March 23, 2001, 180 ° of Independence and 113 ° of the Republic

SENATOR JADER BARBALHO

President of the National Congress