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CNSP Resolution No. 478/2024: general guidelines on Vehicle Liability Insurance (RC-V) in road cargo transportation defined
January 27th, 2025

Following the conversion of Provisional Measure No. 1,153/22 (“MPV”) into Law No. 14,599/23, which amended the legislation previously in force on civil liability insurance for road carriers, the Superintendence of Private Insurance (“SUSEP”) published CNSP Resolution No. 478/2024, which establishes the rules applicable to Vehicle Civil Liability Insurance (“RC-V”) to cover bodily injury and material damage caused to third parties by vehicles used in road cargo transportation.
CNSP Resolution No. 478/2024 was published due to the provisions of article 13, item III, of Law No. 11,442/2007, as amended by Law No. 14,599/2023, which made it compulsory for carriers to take out RC-V insurance.
The main provisions introduced by CNSP Resolution No. 478/2024 are summarized below:
- Purpose: the purpose of the insurance is to cover bodily injury and material damage caused to third parties by the vehicle used in cargo transportation by road or by the cargo itself while transported in the same vehicle.
- Insured: the insured is the road cargo carrier duly registered with the National Registry of Road Cargo Carriers (“RNTRC”).
- Autonomous Cargo Carrier (“TAC”): if a TAC is subcontracted to carry out the transportation, the contractor must take out the insurance, per trip, on behalf of the TAC. The TAC must only maintain its own RC-V policy in cases without subcontracting.
- Collective insurance: collective insurance is authorized in two cases – (i) when a TAC is subcontracted, in which case the service contractor may take out the policy on behalf of more than one subcontracted TAC, and (ii) the carrier may take out a global policy that includes its entire fleet.
- Defense costs: coverage for the reimbursement of legal costs and attorney’s fees incurred by the insured and/or claimant, subject to the maximum indemnity limit contracted for this coverage, is optional. In addition, the policy’s contractual conditions must stipulate whether the insured can choose their attorneys freely.
- Emergency expenses: emergency expenses borne by the insured when trying to avoid or mitigate damage to third parties will be covered, regardless of whether a specific coverage has been taken out.
- Excluded risks: damage to transported cargo caused by the insured vehicle is not covered. On the other hand, coverage cannot be denied when (i) the accident occurs when the vehicle is not transporting cargo, (ii) road traffic is interrupted due to conservation works, collapse of slopes or natural phenomena, or a breakdown of infrastructure, and when, since there are no bridges or viaducts, regular ferry services or similar suitable vessels must be used to cross watercourses.
- Deductible: establishing a deductible for property damage and bodily injury to third parties is forbidden, but it is optional for other coverages offered, such as for the insured’s defense costs, for example.
- Insured amount and reinstatement of the limit: the insurance must be taken out with a minimum cover of 35,000 Special Drawing Rights (“SDRs”) for bodily injury and 20,000 SDRs for property damage, per insured vehicle, and the conversion must be carried out on the date the insurance is taken out.
- Branch for registering RC-V insurance: while SUSEP does not create its own branch for RC-V insurance operations, they must be registered under the Optional Civil Liability – Auto (0553) branch. Once the specific branch is created, the operations must be registered under the corresponding code.
- Adjustment of registered policies: insurance plans registered before CNSP Resolution No. 478/2024 entered into force must be adjusted within 180 days following its entry into force.
CNSP Resolution No. 478/2024 has been in force since its publication on December 27, 2024, and .the regulation in full is available on the government’s website.
Demarest’s Insurance, Reinsurance, Health and Private Pension team is available to provide any clarification on the new regulation and any corresponding legislation.