69 Anuário Yearbook ABLA 2014 large cities. International experience shows that the vehicle rental and leasing used as a public service reduces demand for second or third vehicles in households, so reducing the pressure for parking spaces and the number of vehicles in circulation itself. The inclusion of rental and leasing in public policy will eventually allow the implementation of a fleet of electric vehicles and private parking spaces for leased and rented vehicles, as has begun in PariswithAutolib. Among the main changes in the law in 2013 was the National Register of Temporary Possession and Use of Vehicles (RENAPTV). Established by CONTRAN, Resolution 461/2013, RENAPTVwas created to improve identification of traffic offenders, a source of countless problems for rental and leasing companies. From May 1, 2014, RENAPTV will require companies to stateon the contract for leaseor rental who the vehicle driver is, and this personwill be responsible for any traffic violations. RENAPTV is a possible solution to the chronic problem caused by binding of fines to the rented or leased vehicle and not the driver. While RENAPTV promises to solve rental and lease companies problems, not all the news is positive. The Ministry of Tourism, through Ordinance 312/2013, regulates “tourist transport” under Law 11.771/2008 (“General Tourism Law”). For vehicle rental and lease companies, however, this is not good. The companies have apparently been chosen as scapegoats in the monitoring of inbound tourism. Apart from various illegal restrictionson theexerciseof leasingand renting (discriminationwithout express legal provision) MTur Ordinance 312/2013 limits transport for tourism only to travel agents with their own fleets and transportation companies registered with the Ministry of Tourism. Right when the leasing and rental industry is being further integrated with the tourism sector, Ordinance 312/2013 excludes the rental and leasing companies from being able to lease or rent vehicles to travel agencies without due cause and without legal provision, an issue thatwill certainly be decided by the courts in the near future. Another legislative change is theworrying expansion to other states of the system adopted inSão Paulo for payment of road tax. The state shall require payment of the tax in the place where the rented or leased vehicle is driven rather than where the rental or lease company is registered, and the lessee is severally liable to pay the tax. In 2013 theState of Alagoas enacted Law 7,655, which incorporated rules similar to those in São Paulo. Remember that the law in São Paulo is being challenged in the Supreme Federal Court as being unconstitutional by the National Trade Confederation. The danger is that it will create tax barriers that artificially reduce the competitiveness of companies from other states and, more seriously, it has the potential to cause chaos in the leasing and rental industry: all the companies will be required to keep their field updated on where their vehicles arebeingdriven inorder to collect the respective states’ road taxes for the number of dayswhen the vehicleswhere there. This tax liability will create high costs for rental and leasing companieswithout any benefit for end users. In conclusion, 2013 was good year for the leasing and rental industry from a legal standpoint, with the positives outweighing the negative. RENAPTVwill offer an immediate solution to the chronic problem of traffic fines. The setbacks, such as the Tourism Ministry’s Ordinance 312/2013 or the indecision in the Supreme Court regarding São Paulo’s road taxes do not outweigh the positive aspects of these immediatematters.
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