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Traffic law brings new tax and divides drivers’ opinion

Written by Alisson Ficher
Published 03/08/2024 às 11:09
New traffic law promises significant and controversial changes for drivers, with a new tax and changes to mandatory insurance. (Image: reproduction)
New traffic law promises significant and controversial changes for drivers, with a new tax and changes to mandatory insurance. (Image: reproduction)

A new traffic law is generating controversy! Approved in the Chamber, the reform brings a new tax for drivers and changes mandatory insurance. Find out how these changes will impact your pocket and insurance administration.

A turnaround is coming for vehicle owners, and we're not talking about a simple change in traffic rules. The recent approval of a bill that changes mandatory vehicle insurance promises to directly impact drivers' pockets and reconfigure the scenario of the automotive sector.

With the new regulation, the consequences are profound and often controversial, generating a fierce debate about the effectiveness and fairness of the measure. But what exactly changes and how will it affect you?

What changes with the new regulations?

A Chamber of Deputies approved, in the form of a substitute for the rapporteur, deputy Carlos Zarattini (PT-SP), the Complementary Law Project (PLP) 233/23.

The new text resumes the payment of medical expenses for victims of vehicle accidents, something that had previously been suspended.

Furthermore, between 35% and 40% of the amount collected from the insurance premium will be allocated to municipalities and states where there is a public transport service.. The PLP will be sent to the Senate for final discussion.

Since 2021, Caixa Econômica Federal has operated mandatory insurance on an emergency basis, after the dissolution of the consortium of private insurance companies that administered DPVAT.

The resources raised until November last year were sufficient to cover compensation, but the new regulations will allow the resumption of insurance collection, which will now be managed by Caixa in a fund called Mandatory Insurance for the Protection of Traffic Accident Victims (SPVAT).

Changes in the tax framework and financial impact

During the report of the project, deputy Rubens Pereira Júnior (PT-MA) incorporated a change in the tax framework law. The possibility of the Executive opening additional credit was brought forward from 2024 to the first two months of 2024, due to the additional growth in revenue compared to the previous year. The new tax law allows for an increase in expenses of approximately R$15,4 billion in 2024.

Due to suspended DPVAT payments due to lack of resources, new SPVAT premiums may be temporarily higher to cover claims occurring until the new fund comes into force.

These amounts will be used to pay compensation, legal actions, technical provisioning and insurance administration fees.

Examples of paying the new tax

The new legislation provides that mandatory insurance amounts will be adjusted to reflect the need to raise sufficient funds. To give you an idea, the new tax could vary between R$40 and R$60 per year per vehicle, depending on the type and use of the vehicle. For example:

  • For a popular car, like a Chevrolet onix ou toyota etios, for example, the SPVAT premium can be around R$50 per year.
  • For a luxury vehicle such as a Volkswagen Tiguan, or Chevrolet Tracker, the value can reach R$60 annually.
  • For motorcycles, like a Honda CB 500, the premium can be adjusted to approximately R$45 per year.

News and penalties

The approved text includes a penalty on Brazilian Traffic Code (CTB) for non-payment of mandatory insurance, equivalent to a fine for a serious infraction.

Insurance payment will be required for annual licensing, transfer of the vehicle or its write-off from traffic authorities.

Furthermore, the transfer of resources collected to the Unified Health System (SUS) will be reduced from 50% to 40%, with 5% allocated to the Coordination of the National Traffic System for the dissemination of SPVAT and accident prevention programs.

Medical expenses and coverage

While the government argues that excluding medical expenses could make premiums more affordable, Zarattini's replacement includes coverage for medical and supplemental expenses such as physical therapy, medications and orthopedic equipment.

Reimbursement will be allowed for expenses not covered by the SUS in the accident victim's municipality of residence, and coverage will also extend to funeral and rehabilitation services for victims with partial disability.

Legal and administrative aspects

The National Council of Private Insurance (CNSP) will be responsible for establishing the limits of amounts to be compensated and which expenses will be reimbursed.

The text prohibits the transfer of the right to receive compensation, following the order of heirs in the Civil Code. In cases of permanent disability, the compensation amount will be calculated based on the percentage of disability acquired.

Payment of compensation will be made with simple proof of the accident and damage, regardless of fault or intent, and must be carried out by Caixa within 30 days after receiving the documents.

In case of delay, payment will be adjusted according to the Broad National Consumer Price Index (IPCA) and late payment interest set by the CNSP.

Controversies and opinions

The return of the mandatory insurance tax is defended by some deputies as a way of guaranteeing the rehabilitation of victims of traffic accidents.

However, there is criticism regarding the exclusivity of Caixa Econômica Federal in administering insurance, with suggestions that the private sector could also participate.

Deputy Chico Alencar (Psol-RJ) argues that the proposal represents a form of social solidarity, while others, such as deputy Marcel Van Hattem (Novo-RS), question the imposition of insurance and the exclusion of private initiative.

But do you believe that the new law will bring real benefits to victims of traffic accidents, or will it be another tax on drivers? Leave your opinion in the comments!

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Mauro de Castro Seabra
Mauro de Castro Seabra
03/08/2024 19:02

Unfortunately, this is the country we live in, the rule of law only to collect more and more because what is already imposed on us is not enough to contain the ever-increasing greed.

Ildeu Ruas Pereira
Ildeu Ruas Pereira
03/08/2024 20:36

This is yet another way this government has found to rob Brazilians.

Marco Antonio Ferreira
Marco Antonio Ferreira
04/08/2024 06:04

Many people will say that the amount is too little. Tax after tax, the chicken will fill its mouth. And of course, a project coming from the “PT” with the “PSOL” applauding... the question that begs the question? Will those who already have insurance for their vehicle be forced to pay?

Alisson Ficher

Journalist graduated in 2017 and working in the field since 2015, with six years of experience in print magazines, stints on broadcast TV channels and over 12 online publications. Specialist in politics, jobs, economics, courses, among other topics. Professional registration: 0087134/SP. If you have any questions, want to report an error or suggest a topic on the topics covered on the site, please contact us by email: alisson.hficher@outlook.com. We do not accept resumes!

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