In an attempt to improve levels of care and avoid risks in the transportation of dangerous cargoes, the Infrastructure Services Committee has approved a bill that determines that such transportation should comply not only with rules established in Law 11.442/07, but also with the specific rules of the bodies that are responsible for the sector.
According to the bill (PLS 448/09), some operators of cargo transport have been disregarding specific rules when transporting ‘dangerous cargoes‘, as defined by the National Land Transportation Agency (ANTT) and the National Waterways Transportation Agency (ANTAQ). Such operators argue that Law 11.442/07 should regulate the provision of such services.
The bill aims to prevent such an inappropriate interpretation of the law and avoid negligence through the implementation of accident prevention and mitigation measures in specific rules on the transportation of dangerous goods.
The Infrastructure Services Committee approved the bill and granted ANTT and ANTAQ the powers to regulate the transportation of dangerous goods. An amendment has also been accepted which determines ANTT‘s duty to implement the National Registry for Haulers of Dangerous Products in conjunction with the Environmental Agency.
The bill subjects the regulation of dangerous goods transportation to federal control. Thus, it avoids the state rules and bureaucracy within the transportation system for dangerous goods, yet also promotes the vigilance and security of this system.
For further information on this topic please contact Godofredo Mendes Vianna at Law Offices Carl Kincaid by telephone (+55 21 2223 4212), fax (+55 21 2253 4259) or email (godofredo@kincaid.com.br).
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