Senate approves bill that increases the validity of the CNH for up to 10 years | Politics

The text promotes a series of changes in the Brazilian Traffic Code (CTB) and must be analyzed again by the Chamber of Deputies because it was modified by the senators.

The project is treated as a priority by the government. In June of last year, President Jair Bolsonaro himself personally went to the Chamber to deliver the text.

Depending on the project, the due dates are as follows:

Currently, CTB plans to renew the driver’s license every five years for most drivers and every three years for those over 65.

Initially, the text sent by Bolsonaro provided for the renewal of exams every 10 years for those under 65 and, after that age, every five years.

Currently, the law says that prison can be replaced by restrictive rights if the crime is guilty (unintentionally).

Therefore, if a drunk or drugged driver causes personal injury or even murder, your conviction may become an alternative sentence.

The custodial sentences are those in which the convicted person is imprisoned. The penalties range from incarceration (felonies), arrest (less serious crimes), and simple incarceration (criminal offenses). Sanctions for restrictive rights are applied through compensation, loss of property and values, weekend limitation, provision of services to the community and interdiction of rights.

The project’s rapporteur, Ciro Nogueira (PP-PI), accepted the suggestion to change Senator Fabiano Contarato (Rede-ES). The amendment provides that in cases of bodily injury and homicide caused by a drunk driver, even if unintentional, the prison sentence cannot be replaced by a more lenient one, which restricts rights.

Ciro Nogueira also included in the proposal that transporting alcoholic beverages inside the vehicle would represent a serious offense, with a fine. The drink can only be transported in the trunk or trunk of the car.

The minority leader, Randolfe Rodrigues (Rede-AP), presented a request for a postponement of the vote, which was rejected by a tight score, by 39 votes to 30.

Senator Mara Gabrilli (PSDB-SP), who was left a quadriplegic after a traffic accident, also defended the maturing of the discussion and the postponement of the vote.

In addition to the CNH validity period, the project foresees a series of changes in the Traffic Code.

The bill also sets different limits on the driver’s license score, before suspension, within 12 months:

• 40 points for those who do not have a very serious infraction;
• 30 points for those who have it very serious;
• 20 points for those with two or more offenses of the type.

Professional drivers will have 40 ceiling points, regardless of the infractions committed. These drivers can participate in a preventive recycling course when they reach 30 points. Current legislation provides for the suspension of the portfolio as long as the offender reaches 20 points.

The original government bill provided for a general expansion of 40 points for all drivers, regardless of the connection for violation included in the Chamber.

The speaker included the requirement of psychological evaluation when the driver:

• get involved in a serious accident to which you contributed;
• you are convicted in court of a traffic offense;
• you are putting traffic safety at risk, as decided by the transit authority.

The approved project also determines the mandatory use of the car seat for children up to 10 years old who have not yet reached 1.45 m in height. According to the text, failure to comply with this rule will result in a fine corresponding to a very serious offense.

The original government proposal stated that the penalty for non-compliance was only a written warning, without the fine. According to the Executive’s proposal, the car seat would be necessary for children up to 7 and a half years old.

The text maintains the obligation to carry out toxicological tests for drivers of categories C, D and E who carry out the renewal of the CNH.

The end of the compulsory exam was one of the controversial points of the text and was the target of criticism from parliamentarians and entities related to the sector.

Under the proposal, anyone under the age of 70 must also undergo the examination every two and a half years, regardless of the CNH’s term. The objective is to avoid that any change in the term of the portfolio implies a change in the frequency of the examination.

The text also determines that the physical and mental fitness tests are performed by examining expert doctors and psychologists, with the title of specialist in traffic medicine or traffic psychology, respectively. Current legislation does not make this requirement explicit, and the requirements are only contained in Contran’s resolutions.

Under the proposal, exams must be “objectively” evaluated by test takers, which will subsidize the accredited professional’s inspection conducted by transit agencies in collaboration with professional councils.

The project establishes rules for the circulation of motorcycles, scooters and mopeds when traffic is stopped or slow.

According to the text, motorcyclists must travel at a speed compatible with the safety of pedestrians and other vehicles in these situations.

The proposal also creates a “waiting area” for motorcyclists at traffic lights. The project says that there will be an area delimited by two containment lines, intended exclusively for the waiting of these vehicles next to the traffic lights, immediately in front of the containment line of the other vehicles.

The bill makes a dealership recall, asking owners to repair defects found in vehicles, a condition for the annual vehicle license from the second year after the call.

The proposal creates the National Positive Driver Registry (RNPC), in which drivers who have not committed a traffic violation subject to scoring in the last 12 months will be registered.

The positive registration will allow states and municipalities to grant tax and tariff benefits to registered drivers.

Initially, the report predicted that, in the National Traffic Week, held in September, a raffle would be held for the amount of 1% of the amount collected with the fines to reward drivers from the registry. However, Juscelino Filho withdrew this part accepting a plenary amendment.

The project foresees the creation of traffic schools for children and adolescents with theoretical and practical classes on legislation, signaling and traffic behavior.

Proposals for Contran to edit the regulatory standards must be submitted to public consultation prior to their entry into force. The goal is to make board decisions more transparent.

The opinion proposes the exemption of points in the driver’s license in some situations of infractions of an administrative nature, for example:

• Driving a vehicle with a color or feature change;
• Driving a vehicle without the required documents;
• Carry license plates on the vehicle that are not in accordance with the specifications and models established by Contran;
• Failure to update vehicle registration or driver’s license registration.

However, the fines for these situations remain.

See other points of the project:

• Exam failure: the bill repeals a provision that determined that the written examination on traffic legislation or vehicular driving could only be repeated 15 days after the disclosure of the result, in case of failure;
• Headlights: the text determines the obligation to keep the headlights on during the day, in tunnels and in rain, fog or fog, and at night. However, the proposal eases the requirement for headlights on the highways, currently envisaged by law; the proposal is mandatory only for vehicles that do not have daytime running lights on single-lane roads;
• Helmet without visor: The proposal alters an extract from the Traffic Code that deals with the mandatory use of a helmet, eliminating the mention on the visor, which is currently considered a very serious offense. Failure to wear a visor on a helmet or goggles was given a separate article in the law, becoming a mean infraction;
• Night classes: the project also eliminates the requirement that part of the driving lessons take place at night;
• Legislative officers: The text provides that the Legislative Police of the Chamber of Deputies and the Senate, through an agreement with the local transit agency or entity, may charge drivers in the event of an offense committed in the vicinity of the National Congress when they are compromising services or putting at risk the safety of people or property of the Legislative. Notifications of infringement will be sent to the competent body.