STF annuls parts of the Truck Drivers' Law, declaring them unconstitutional; Check the clauses
Ministers analyzed a case that challenged Law 13,103 of 2015. In the same decision, the court confirmed the need for drug testing for professional drivers.
The Truckers Law was sanctioned during the government of former president Dilma Rousseff - Photo Reproduction/Internet
The Federal Supreme Court (STF) decided for the unconstitutionality of 11 aspects of c, related to working hours, rest breaks and weekly rest. The vote resulted in eight votes in favor and three against, with the opposite position of the rapporteur, Minister Alexandre de Moraes, prevailing. In addition, in the same decision, the STF considered the requirement of drug testing for professional drivers to be constitutional.
Law 13.103
A National Confederation of Transport Workers (CNTT) presented a Direct Action of Unconstitutionality (ADI) to the Federal Supreme Court (STF) with the aim of challenging Law 13,103 of 2015, also known as the Truck Drivers' Law. This legislation defines guidelines for the practice of the profession of driver. After judgment, the STF issued its decision on the ADI. Approved by Congress and sanctioned by then President Dilma Rousseff in 2015, the law was the result of an agreement between the government and the roads to unblock the country's highways.
Decision
The Supreme Court determined the unconstitutionality of 11 points of the Truckers Law, resulting in the annulment of these provisions. With regard to rest at the mandatory stop, the STF prohibited the possibility of dividing the rest period of drivers, as well as the coincidence of rest with the mandatory stop while driving the vehicle. Now, a break of 11 consecutive hours within the 24 hours of work is mandatory. In addition, the Court also declared invalid another section of the law that allowed the division of the rest period, establishing a minimum of eight consecutive hours. Therefore, within the 24-hour period, the minimum rest required is 11 hours.
Other changes made to the text:
The waiting time to load and unload the truck, as well as the period dedicated to surveillance of the goods at barriers, are now included in the calculation of working hours and overtime. The Supreme Court revoked a part of the law that previously excluded the waiting time of the journey count. In addition, the STF declared unconstitutional the exclusion of waiting time from the concept of effective work. From now on, the waiting time will be considered as part of the period in which the driver is available to the employer.
As for payment for waiting time, the law established that the hours dedicated to this autonomous period be remunerated at 30% of the driver's hourly wage. Now, waiting time is counted in working hours and overtime. The Court also overturned the provision to exclude truck movements made during the waiting time of the working day.
On trips lasting more than seven days, the weekly rest period will be 24 hours a week or worked, without prejudice to the daily rest of 11 hours, totaling 35 hours of rest. The Supreme Court invalidated a part of the law that allows drivers to enjoy this rest period when returning to the company or residence. As for the weekly division of rest, the ministers overturned the permission to divide it into two periods, establishing that it should be a minimum of 30 consecutive hours to be used in the return from a long trip.
The Federal Supreme Court also ruled against the possibility of accumulating weekly rest breaks on long-distance trips. In addition, regarding rest with a vehicle in motion, on long journeys in which the employer employs two drivers, the STF considered it unconstitutional to record the rest time of one of the professionals while the truck is in motion. Now, there must be a minimum rest of six hours in accommodation or in the sleeper cabin with the vehicle parked, every 72 hours.
In the case of passenger transport with two drivers, such as buses, the Court revoked the authorization for one of the professionals to rest while the vehicle is in motion. Now, it is guaranteed that after 72 hours, rest is allowed in an external accommodation or in a bed armchair with the vehicle parked.
Drug test
In the same judgment, the Supreme Court confirmed the constitutionality of the requirement of drug testing for professional drivers, as established by the Truck Drivers' Law. This measure aims to verify whether the driver consumes substances that may compromise his ability to drive. The test is mandatory for those who have categories C, D and E on their driving licenses, these categories being responsible for transporting vehicles such as trucks and buses. The completion of this type of exam is a requirement established by law for obtaining and renewing the National Driver's License, as well as in situations of hiring and dismissal from employment, and must be carried out every two years.
