Impacts on freight transport of the change in the journey of truck drivers

On June 30, the Federal Supreme Court (STF) overturned some sections of the Truck Drivers' Law, of 2015, which deal with the workday, rest and fractioning of breaks for drivers. In the decision, breaks for meals, rest and rest were excluded from the working day, and the waiting time for loading and unloading the vehicle can no longer be used as rest time. In addition, the driver must rest with the vehicle parked and it was still forbidden to divide the rest, with the interval between shifts having to be 11 consecutive hours in a period of 24 hours of work. Truck drivers must also have a weekly rest of 35 hours every 6 days, without being able to accumulate rest.

And what is the practical result of this decision for cargo transportation? The first and most obvious is that long trips will take longer, as drivers will have to effectively stop the vehicle to rest, without interruption. As a result, the need for suitable places on Brazilian roads to receive these drivers and their trucks increases. And when it comes to adequate facilities, it is not just decent facilities for truck drivers, but the proper security to ensure the integrity of the cargo. 

One of the arguments used by the rapporteur for the case, Minister Alexandre Moraes, to justify the mandatory rest stop is that our roads are in a terrible state. In fact, even in the passenger seat, who can rest with the vehicle shaking all the time, at the risk of falling into a huge hole, tipping over or even under threat of finding another vehicle in their direction? The minister was even “generous”, because he said that “only” 59% of Brazilian roads are classified as regular, bad or terrible. In fact, according to the latest survey carried out by the CNT, this number is 66%. That is, two thirds of the roads in Brazil have some problem, whether in the pavement, in the signaling or in the geometry of the track.

Conditions for drivers are improved, but other problems arise. The mandatory stop increases the risk of cargo theft, which should lead to an increase in premiums paid for goods insurance. In addition, carriers with high added value products will have to increase investments in escorts, as security guards will often have to spend the night beside the truck. Although the numbers are falling, in 2022, there were more than 13 cargo thefts in Brazil, with the vast majority concentrated in the Rio-São Paulo axis.

That is, in the end, the tendency is for the decision to push up freight prices in Brazil, as in addition to the likely increase in insurance premiums, it is possible that companies need to hire more drivers to maintain certain routes. This problem should happen especially on long routes, which, due to the lack of adequate transport infrastructure in Brazil, end up being covered by trucks.

• CNT - CNT Survey of Highways 2022
• NTC&Logistics - Cargo Theft - National Overview - 2022
• JuriNews – STF invalidates provisions of the Truckers Law that regulate working hours