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BRASÍLIA – The Senate approved this Thursday, by 46 votes to 21, the bill that changes the Brazilian Traffic Code and increases the term to renew the driver’s license. Presented personally by President Jair Bolsonaro last year, the proposal generated controversy as it suggested legal changes that could encourage traffic violations and accidents. Now, the text returns to the Chamber of Deputies, since there have been changes.
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At the beginning of the session, the opposition and center senators tried to postpone the vote, but there was no majority to postpone the analysis. The rapporteur for the text, Ciro Nogueira (PP-PI), welcomed the senators’ amendments and considered that the new regulations will give “more road safety.” In the Chamber, several points suggested by Bolsonaro had already been rejected.
One of the controversial points discussed after the presentation of the project was the change in the number of points necessary for the suspension of the portfolio. The government wanted to increase the limit from 20 to 40 so that the violator could revoke the document. The measure, as suggested, ended up being rejected. But there was a change in the current rule. With 20 points, if the driver has two or more serious infractions, his license will be suspended. If you only have a very serious infraction, you will be prevented from driving when you reach 30 points. And if no serious infraction is included in your fines, you can accumulate 40 points.
One of Bolsonaro’s partial victories was the extension of the deadlines to renew the portfolio, with the obligation of physical and mental fitness tests: from five to ten years. The government wanted the extended term to apply to drivers up to age 65. However, the deputies decided to make a different schedule. It will be 10 years for the renewal of the license for drivers up to age 50, five years for those from 50 to 70 years and three years for those over 70 years. The measure was also approved in the same way by the senators.
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“One of the central aspects of the PL (bill) is undoubtedly what increases the validity of the license for up to 10 years, under the specified conditions. In fact, we can further reduce the bureaucratic burden that burdens citizens. Common, the more we will reduce the ‘cost of Brazil’, and this will have positive effects on growth and employment ”, wrote Ciro Nogueira in his report.
In the Senate, there was a small change in the rule about car seat use. Bolsonaro wanted the exemption of a fine for anyone who transports children without the safety device. In the Chamber it was established that children up to 10 years old who have not yet reached one meter and 45 centimeters in height would need a car seat. Senators, however, included a new rule that requires the device to fit the child’s weight. That is, the car seat will necessarily have dimensions and will provide security for each child.
Another amendment also ensured that doctors already trained through the “Training Course for Medical Experts Responsible for Examining the Physical and Mental Fitness of Motor Vehicle Drivers” can continue to perform their duties.
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A third change prevents the substitution of deprivation of liberty for a restrictive right in the event of homicide or bodily injury committed while driving by drunk drivers or under the influence of psychoactive substances.
The main points
Portfolio suspension: Today, the license is suspended when the driver accumulates 20 points for traffic violations in the 12-month period. According to the project, with the same score, the driver can have his document revoked if he has two or more serious infractions. If you only have a very serious infraction, you will be prevented from driving when you reach 30 points. And if no serious infraction is included in your fines, you can accumulate 40 points. Professional drivers will only have a suspended license with 40 points, regardless of the severity of the violation.
Portfolio renewal: The project stipulates a period of ten years to renew the driver’s license at age 50; 5 years for drivers 50 years and older and under 70 years; and 3 years for drivers aged 70 and over. Under the current rule, the renewal period is five years, even for the youngest. According to the project, for professional drivers, the period of validity of the exam is 5 years for those under 70 years and 3 years from 70 years.
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Mandatory car seat: The project presented by Bolsonaro abolishes the mandatory seat for children. The approved project, however, was written in the opposite direction. Children up to 10 years of age who have not yet reached 1 meter and 45 centimeters in height may only travel in vehicles with the appropriate seat for the weight of the person occupying the seat. The penalty provided for in the Traffic Code for non-compliance with this obligation was maintained: a fine corresponding to a very serious offense. In addition, the age for children to ride a motorcycle has been increased: only over 10 years old.
Toxicological tests: Bolsonaro’s proposal to end mandatory large window screening tests for drivers in categories C, D and E was rejected. The current legislation has been maintained.
Psychological evaluation: The deputies included in the text the need for a psychological assessment in cases where the driver is involved in a serious accident to which he has contributed. You will also have to take the examination if you are convicted of a traffic violation or are jeopardizing traffic safety, by decision of the traffic authority.
Accredited doctors: Project incorporates resolution of the National Traffic Council (Contran) that deals with the accreditation of doctors and psychologists. Professionals can only take exams for legal purposes with the title of specialist in traffic medicine and traffic psychology.
National Traffic Council: The organism will only be able to publish norms on condition that the acts on the regulated subject are previously submitted to public consultation.
Administrative violation: Administrative infractions will no longer count towards the driver’s license score. The fine will be charged, although it has no effect on the suspension of the document. Such infractions are, for example, wearing the license plate in disagreement with the specifications, letting the buyer register the vehicle within 30 days, or driving the vehicle without the required documents.
Positive Registration: The project creates the Positive National Registry of Drivers (RNPC), which must contain the data of drivers who have not committed a traffic violation in a year. The idea is to reward and encourage good drivers with raffles whose prizes will be financed by 1% of the National Fund for Road Safety and Education (Funset). Registration can also generate tax and duty benefits for drivers.
