SBD has released information on the latest situation in the Stolen Vehicle Tracking market in Brazil:
The Brazilian government seems determined to try and enforce this legislation, despite suffering a recent setback when the Federal Court ruled in April that the proposed implementation of vehicle tracking was unlawful due to the possibility that information about a vehicle’s movements could be obtained without the consent of the owner.
The government has appealed this decision. But if the mandate is not to be delayed further, then a more likely course of action is the legislation will be amended so this right of privacy is not infringed. This would require a new resolution to be issued.
Since the legislation was first announced, there have been several legal bids to try and cancel the mandate. Whilst the government remains committed to mandating tracking systems, it is still possible that they will be defeated by one of these bids. It would not be the first time that legislation was cancelled at a late stage in Brazil.
The current plan is from 1st August 2009, there will be a 6 month ‘trial’ period where all manufacturers must evaluate their tracking and remote immobilisation systems on a small fleet of vehicles. Then, by 1st February 2010, tracking systems must be fitted to 20% of all cars produced, ramping up to 100% of production by February 2011 update- 1st October 2010. The rollout for other types of vehicles (e.g. motorbikes, trucks) differs.
Although participation in this trial period is optional, if a car manufacturer chooses not to participate it must start fitting tracking systems to 20% of production straight away – however it remains to be seen if this could be enforced at the current time given the ruling from the Federal Court.