Trucker asks for legal compensation for overstay charges incurred at Port of Santos

A truck driver who waited four days and almost nine hours to unload a cargo of soybeans in bulk at the Port of Santos is seeking compensation in court based on Law 13,103/2015, known as “Estadia” Law, which sets a tolerance limit of five hours.

The incident occurred in October last year. The truck driver is demanding compensation of R$ 11.3 thousand to be paid by the cargo owner and seller. The legal action is pending in the 3rd Civil Special Court of Santos. 

Tocantins Journey

According to his lawyer, Mônica Lima Ferreira, the driver, who own his own truck, transported approximately 32 thousand tons of soybeans from Cariri, Tocantins, to Santos. He arrived at the terminal on the Right Bank of the Port of Santos on the morning of October 7, 2023. The names of the truck driver, the cargo owner, and the seller will not be disclosed as the law mandates discretion when it comes to this case.

Mônica Ferreira explains that Law 13,103/2015 establishes a maximum period of five hours for loading and unloading, counted from the vehicle’s arrival at the destination address. “After this time,” the law states, “the autonomous cargo transporter (TAC) or Road Cargo Transport Company (ETC) is entitled to receive R$ 1.38 per ton/hour or fraction thereof.”

Long Wait

According to the driver’s lawyer, after exceeding the tolerance limit stipulated by law, he remained parked, waiting to unload the soybeans, from 7:51 am on the 7th until 3:11 pm on the 11th. “He incurred a charge for idle time after the fifth hour, totaling 98 hours and 20 minutes, at a cost of R$ 10,527.03, in addition to the payment of R$ 723.00 for the parking lot. We are requesting R$ 11,355.30, which is the corrected and updated amount as of the date of the filing of the lawsuit on October 30, 2023.”

Calculation

This charge is similar to demurrage — the charge for ship overstay. The amount is annually adjusted according to the variation of the National Consumer Price Index (INPC). The total transport capacity of the vehicle will be considered for the payment calculation.

Filed with the Court

The legal action was filed in the 3rd Civil Special Court of Santos, but the initial petition was denied by Judge Natália Garcia Penteado Soares Monti, who also dismissed the case without analysis of the merits “due to the complexity of the case, necessitating formal technical expertise.”

Lawyer Mônica Lima Ferreira appealed against the decision. “We filed an unnamed appeal, arguing that the case falls under the jurisdiction of the special court, as the alleged complexity does not require formal technical expertise, especially considering that the claim is clear. The 7th Civil Special Appeals Panel granted the appeal, as it deemed the dismissal of the case premature and dismissed the special court’s incompetence. The ruling was annulled, and the case was remanded to the original court for further proceedings.”

She said that before resorting to litigation, the defense attempted to reach an agreement with the cargo seller, but “there was no interest in an amicable settlement.”

Mônica Ferreira emphasized that the case was filed with the Special Court of Santos because “whenever we deal with truck drivers, we opt for the lowest judicial costs. And the special court allows for not having to pay fees in the first instance.”

The lawyer highlighted that the scheduling system imposed by the Santos Port Authority (APS), which sets a tolerance window for truck arrivals at the Port of Santos, has not been adhered to, leading to issues like that of her client.

“In these stadia cases, we have observed a lack of compliance with the Port Regulation, regarding prior scheduling with the regulating yards, considering the travel time from the cargo origin to the yard. The regulation states that it is the obligation of the terminals and port operators to make this scheduling,” she concluded.

It is worth noting that the APS issued a new regulation for truck arrivals at the Port of Santos last week, with a two-month deadline for compliance.

Source: A Tribuna

Click here to read the original news piece: https://www.atribuna.com.br/noticias/portomar/caminhoneiro-pede-indenizacao-por-espera-para-descarregar-no-porto-de-santos

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