Bill proposes minimum criteria for risk managers and insurers to analyze the risk profile of cargo transporters

On March 27, 2024, Bill No. 1,015/2024 (“Bill”), authored by federal deputy Felipe Saliba (PRD/MG), was submitted to the House of Representatives, in order to establish obligations for risk managers and insurers in relation to drivers and assistants subjected to risk profile analysis for cargo transport purposes.

If approved, the Bill will amend Law No. 11,442/2007, by including article 13-C. According to the article, if the profile of the driver or assistant is found to be unsuitable, risk managers and insurers will be obliged to inform the reasons for such unsuitability and detail, at least, the following criteria that influenced their decision:

• age and health condition;
• professional history, such as fines, transport accidents and involvement in accidents; and
• involvement in criminal, civil, labor proceedings, among others.

The rule presented also requires insurers and risk managers to inform the criteria for changing their initial conclusion in the event of a possible change in position regarding the suitability of drivers and assistants previously considered compatible with the risk profile.

Furthermore, the conclusion and criteria listed by risk managers and insurers must be sent, physically or electronically, to drivers and assistants who request them, maintaining confidentiality regarding information involving third parties.

In turn, the Superintendence of Private Insurance (“SUSEP”) will be responsible for monitoring compliance with such requirements and, in the event of non-compliance, the supervised entities will be subject to administrative sanctions, with a minimum amount of BRL 5,000.00 and a maximum amount limited to 2% of the gross revenue of the company that violated the rule, without prejudice to the application of additional fines if other infractions are identified.

According to the representative and author of the Bill, legislation on the road transport sector has been improved over the last few years, however, it lacks a provision that ensures minimum criteria and transparency in the process of analyzing the risk profile of professionals involved in the transport, to the detriment of the work of transport professionals.

Currently, the Bill is in its initial stage and awaits an order from the president of the House of Representatives, Arthur Lira, for its regular continuation in the house.

Demarest’s Insurance, Reinsurance, Health and Private Pension team will monitor developments in the Bill and remains available to provide any additional clarifications that may be necessary.