Bill wants to hold public authorities and concessionaires responsible for accidents caused by potholes on the roads

A bill in progress in the Chamber of Deputies seeks to rigorously define the civil and administrative liability of state agencies and private concessionaires for accidents on federal, state and district roads. According to the proposal, presented by federal deputy José Medeiros (PL-MT), urban stretches under highway jurisdiction are also included in the scope of the measure, creating a joint obligation between the government and the companies that manage concession highways.

The initiative comes in a scenario of critical infrastructure in the country. Recent data released by the National Transport Confederation indicate that more than a thousand occurrences on federal highways were recorded as a result of potholes, serious pavement defects and lack of adequate signage.

According to the text presented in the House, the characterization of the omission of the public authority or the concessionaire will occur whenever there is unequivocal awareness of the risk – whether through police records, technical reports or formal communications – and no immediate action is taken. Once the danger on the road is identified, those responsible will have a limit of 24 hours to implement emergency signage, isolate the affected section or make temporary adjustments to the allowed speed.

If legal deadlines or repair and signaling obligations are ignored, the competent authorities and managers may face severe administrative sanctions. The penalties provided for range from formal warnings and fines to temporary suspension and definitive removal from public office. To advance towards presidential sanction, the bill still needs to go through the conclusive analysis of thematic committees in the Chamber of Deputies and, subsequently, be debated and voted on by the Federal Senate.