25/03/2013
With the new law, 1 in 3 vehicles fail to make the vehicle inspection Autor: O Estado de São Paulo
One in three cars and motorcycles that are now subject to vehicle inspection shall be exempt from inspection in 2014. The bill passed yesterday in the City Hall of São Paulo, and end up with the rate paid by approved driver releases the service vehicles with up to three years of use and determines biennial survey for 4-9 years. The package represents 1.2 million of the 3 million vehicles today to undergo environmental testing.
Data is the control, which last year surveyed 606,000 vehicles with up to three years of use and 663,000 others will now do the survey every two years. In practice, those who buy a car today will only have to do four inspections over a period of ten years - when the mandatory annual survey becomes.
Package of changes, which alone is worth already this year is the ability to refund of the fee paid for the service, from R $ 47.44, given that this year the drivers will still be required to pass inspection. The control must remain responsible for the service until December. With the approval of the project by the city council, the concession model will be replaced by a network of accredited companies.
The refund, however, may only be requested by owners of vehicles approved and no debts with the City. Today, about 20% of cars and 30% of the bikes are disapproved. The index achieved by the diesel fleet reaches 40% - are trucks, buses and vans, which shall remain obliged to pass inspection annually.
Controversy, changes in the program are divided opinions on the streets. Yesterday, in line inspection of a center in the north of the capital, the driver Custody Henry defended the annual inspection not only in Mumbai, but all over the country "has very car that is disapproved. Environment should be the first place, "he said.
Beside him, the administrator Rafael Brazil challenged the program in place, showing support for the amendments. "I do not agree that my car has to go through zero control."
Promoter vai to court to overturn new law
The Environmental Prosecutor will only wait Mayor Fernando Haddad (PT) sanctioning the new rules of the vehicular inspection to try to overturn the changes in court. The prosecutor José Eduardo Ismael Lutti says the proposal approved yesterday by the Municipality of São Paulo is illegal, besides making null the effects of environmental program in the city.
To Lutti, the new law contains at least three problems: the accreditation of companies authorized to assume the service without going through a bidding process, the end of the annual periodicity and reimbursement rate for those who have passed the car in the survey.
In the analysis of the promoter, this exemption violates the right of the polluter pays principle, since every car pollutes, even within the limits set by the government. "These points make the program unworkable from an environmental standpoint.'s As if it existed only for show," said Lutti, who is still studying whether to make a civil action or a direct action of unconstitutionality (Adi).
Federal
Attorney Roberta Danelon Leonhardt, who specializes in environmental law, federal regulation underscores that there is on the subject and the City should act to enforce in its territory, considering the local peculiarities. "You can not counter the federal rule, which states that the annual vehicle inspection should be," he says.
ADRIANA FERRAZ
Collaborated MÔNICA REOLOM
