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Court injunction in Brazil wins truckers a shorter working day

27 Fevereiro 2008

A court in Brazil has ruled that companies should limit truckers’ working day to eight hours.

The preliminary injunction, which was imposed by prosecutors in Cuiaba in Mato Grasso, applies to transport companies across Brazil. It responds to evidence that trucks are involved in 70 per cent of accidents on Mato Grasso highways; that some 51 per cent of truckers passing through Mato Grosso use or have used drugs to stay awake and that 46 per cent work more than 16 hours a day.

The injunction outlines that tachographs, which record distances travelled by trucks and the speeds at which they are travelling, are to be used to monitor how long a driver is working. Where limits are exceeded, fines amounting to US$1000 will be imposed on the company employing the driver. The injunction also applies to owner-drivers.

Organisations representing employers and owner-drivers are seeking to overturn the injunction.

Labour Prosecutor Paulo Douglas de Moraes stated that driver fatigue was a major cause of accidents. He added: “Soon, we will sign an agreement with the Labour Ministry, the Labour General Attorney and the Federal Road Police to ensure the decision is implemented”.

Antonio Fritz, ITF Inter-American Regional Secretary, commented: “This injunction is extremely important as it not only addresses drivers who are employees, but all drivers, including owner-drivers. Setting the same conditions for all drivers, regardless of their working status, will help to prevent unfair competition. This is a huge step forward.”

The ITF-affiliated road transport union, Confederaçao Nacional dos Trabalhadores em Transportes Terrestres and unions representing transport workers at local level have issued a statement expressing their support for the move. They are currently lobbying for effective monitoring to ensure compliance with the decision.

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