[ad_1]
The Chamber approved, this Tuesday, Bill No. 3267/19, which alters several points of the Brazilian traffic code, personally presented to Congress by President Jair Bolsonaror in November of last year. After receiving the approval of the deputies, who include in the text eight of the 12 amendments suggested by the Senate, the PL is now ready for presidential health. The new rules will become effective 180 days after their publication in the Official Directory of the Union (DOU).
The text also reduces the level of demand for suspended from CNH. When the measures go into effect, it will be more difficult to suspend a driver’s license. Bolsonaro wanted even more flexibility. When presenting the project, he proposed that the license could only be revoked if the driver had accumulated 40 points in fines; and in the 20th, like today. The final text raises the limit to 40 points, but only if the driver has not registered serious infractions in the last 12 months.
Congress defined a graduated charge: if the driver has a single very serious offense, the license will be suspended after completing 30 points. If you have two or more such offenses, you only need 20 points. Professional drivers will only have a suspended license with 40 points, regardless of the severity of the violation. Another planned change in the text is the possibility of converting a light or medium fine into a warning, if the driver has not committed another offense in the last 12 months.
The Minister of Infrastructure, Tarcsio Gomes de Freitas, considered the approval “a great advance for society.” “The changes are due to the need to update the legislation, which will be 23 years old tomorrow (today). These are measures of an educational and less punitive nature, which will contribute to the reduction of accidents and deaths in traffic, ”he said in a statement sent to the press.
Inmate penalty
One of the eight Senate amendments included by the rapporteur in the Chamber, Deputy Juscelino Filho (DEM-MA), stipulates that the prison sentence be replaced by alternative penalties in case of death or bodily injury caused by a drunk driver or under the drug effect. In the opinion, the rapporteur describes this change as “the most important approved by the Senate.”
The inclusion of this point in the law is necessary to guarantee the prison sentence. This is due to the fact that the Penal Code allows the conversion of the penalty in the case of culpable crime, classified as traffic homicide, into alternative penalties, such as the performance of community services. The PL ensures that the penalty for drivers while intoxicated or under the influence of drugs is a prison sentence.
The Penal Code provides for five to eight years in prison, in case of death, and two to five years, if the act results in serious or very serious bodily injury. “We hope that the change can, in fact, represent an advance in the sense of punishing those who insist on this position and cause traffic accidents by sitting behind the wheel of a vehicle and driving under the influence of alcohol or drugs”, says Juscelino Filho. , in the opinion.
The text also guarantees the mandatory use of car seats in cars by children up to 10 years old or who have not yet reached 1.45 meters in height, instead of seven and a half years, the age proposed in the text original. In addition, one of the modifications includes the obligation that the seat be suitable for the weight and height of the child. The parliamentarians rejected the government’s attempt to make the punishment more flexible for those who did not use the device and maintained the fine, for a very serious offense, in these cases. The original project provided only a written warning.
Main changes in CTB
- Increase in the number of points for suspension, for fines, of CNH
- Mandatory use of a car seat to transport children up to 10 years old or who have not yet reached 1.45 m in height
- Rules for the movement of motorcycles between vehicles when traffic is stopped or slow
- The prison sentence cannot be replaced by another in cases of bodily injury and homicide caused by a drunk driver.
- Requirement of physical and mental fitness tests by expert doctors and psychologists
CNH validity
The project changes the deadline to retake the exams:
- 10 years for drivers under 50 years
- 5 years for drivers aged 50 and over and under 70
- 3 years for drivers over 70 years old.
Suspended from CNH
The license will be charged if, within 12 months, the driver has fines that add up to:
- 40 points, for those who do not have very bad infra
- 30 points, for those who have very bad
- 20 points, for those who have two or more infractions of the type
