Anuário Brasileiro do Setor de Locação de Veículos | 2022

14 Anuário Brasileiro do Setor de Locação de Veículos Brazilian Vehicle Rental Sector Yearbook 2022 FENALOC Legal and legislative intelligence in renting and leasing At the National Car Rental Companies Federation (FENALOC), we work to solve issues that directly or indirectly impact the rights of companies in our sector. There are legal aspects and legislative projects that now rely fundamentally on political will in Congress. Approval of the New CTB is an example. For rental and leasing companies, a kind of new Traffic Code emerged, after the reforms of Federal Laws 14,229/2020 and 14,157/2021. These laws made companies in our sector visible and regulated, mostly, the difference between vehicle use and ownership. In addition, NIC fine is another issue that required legal intelligence from our industry. I refer to fines for not indicating the offending driver, a regulatory issue of special interest to rental and leasing companies in Brazil. The main problem was substantially solved in 2020 and 2021, with a regulatory framework answering the main points proposed by FENALOC. We have made automated systems available in near real-time to facilitate electronic communication for the offender and main driver. In the second half of 2021, the Superior Court of Justice (STJ) ruled on the need for double notification in the application of NIC fines. Furthermore, São Paulo state approved Law 17,473/2021, which guaranteed a 75% reduction in road tax for rental and leasing companies’ vehicles. This might inspire other states to do the same, making companies in different regions competitive. Finally, FENALOC is committed to fighting crimes against car rental and leasing companies. Bills of Law 2,736/2019, 2778/2019, and 3833/2019, add the requirement of proof of good financial standing, and criminal background checks, for the transfer of vehicles, are being studied by the Constitution and Justice Commission. There are other significant opportunities for our sector and FENALOC in the short and medium term. Going forward, the practical and effective implementation of solutions is expected to move forward faster. “Going forward, the practical and effective implementation of solutions is expected to move forward faster”

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