35 Anuário Yearbook ABLA 2013 Jurídico Legal 2012: The Legal Year Major legal events that impacted the vehicle rental industry in 2012. In 2012 several legal events impacted the vehicle rental sector in Brazil. New laws, new jurisprudential understandings, new regulatory policies - there were lots of new features. The perception of progress in the sector last year is clear. The legal highlight was undoubtedly the ABLA / FENALOC joining the National Traffic Council (CONTRAN) - the Legal Chamber: infractions, penalties, traffic crimes, traffic policing and surveillance (CTEL). CTEL is involved in the discussion and drawing up of the rules in the Brazilian Traffic Code. This allows us to not only keep up with unprecedented closeness with the main traffic rules, but also enables us to get directly involved in the preparation of such documents. Participation in CTEL is a milestone in the history of the bodies and for the vehicle rental sector by institutionalizing the role of their representative bodies at public organs of technical debate. 2012 saw an end to the scourge of CONTRAN Resolution 363/2010, which established new procedures for reporting and processing traffic violation penalties. On the grounds of combating fraud in identifying the actual violator, Resolution 363/2010 had actually created unenforceable requirements for vehicle rental companies. The most bizarre demands were for notarization for authenticity and the production of documents authenticated by a notary public to identify the driver. Resolution 363/2010 was revoked even before it came into force, by DENATRAN, with the active participation of ABLA / FENALOC. Still with CONTRAN, the new Resolution 404/2012 revoked the poorly interpreted Resolution 363/2010 and broadly upheld the current procedure in notifying people of traffic fines and penalties (Resolution 404/2012 is effective as of June 2013 - until then, Resolution 149/2003 prevails).Generally speaking, the same notification procedure remains for fines and penalties, as well as driver identification via the owner of the vehicle. This is very positive because it significantly reduces the compliance cost for vehicle rental companies with the new Resolution 404/12. The following changes can be highlighted: the official judging the defense of the fine is expressly authorized to examine the merits of the challenge presented (a rejection of the assessment of the merits was unjustified curtailment of defense); automatic archiving of the fine if notification is not issued within 30 days (satisfied in the courts with ABLA’s participation); the creation of centralized national database of drivers fined; the ability to register at the traffic body mercantile lease agreements, lending agreements, rental or lease agreements not linked to financing of the vehicle with a validity of less than 180 days; regulation of the criteria for written warnings and fines. The new drink-driving law was another new feature on the legal landscape. Law 12,760/2012 changed the Brazilian Traffic Code (CTB) to tighten the rules on combating alcohol. Vehicle rental companies are particularly affected because the renter takes the vehicle sober, drinks alcohol and the fine is entirely the responsibility of the rental company. The changes increase the fine (from R$ 957.70 to R$ 1,915.40, doubled in case of repetition); a technical adjustment in the wording of the CTB to regulate the use of breathalyzers and other appropriate means to
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