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A reformulate It has been necessary for years, but it comes at the wrong time and in the wrong way. Thus, specialists summarize the approval of Bill 3,267 / 2019, a text that promotes profound changes in the Brazilian traffic code (CBT). The PL was approved in Congress on Tuesday, however, without the necessary debate with those who understand the issue – and in the midst of the pandemic, when texts around COVID-19 should be a priority. Now, the matter goes through the health of President Jair Bolsonaro (without a party).
Among the most different rules that can change if the text is sanctioned by Bolsonaro there are points that are even described as “absurd” by Daniel Medrado, legal director of the Association of Traffic Clinics of Minas Gerais (Actrans-MG). “In the context of motorcyclists, it required the use of a helmet or suitable clothing. If you take the rule literally, the driver will have to wear a helmet or jacket and jeans, basically. an absurd point, “he says.
“We had, from 1997 (when the current CBT became law) until now, a vertiginous increase of professional drivers, with applications and other activities. Then, a self-employed trucker, who often only makes a psychological assessment when renewing his license. , you can go 10 years without going through the procedure “
Daniel Medrado, Legal Director of Actrans-MG
The project has been full of criticism since it was presented last year by the President of the Republic. In the House and in the Senate the proposal was dehydrated, but for Daniel Medrado there were some points that go against traffic safety. Among the most talked about is the renewal of the CNH. Currently, this happens every five years. The idea, however, is to double that time frame, with psychic evaluations every 10 years for drivers under 50. Along the same lines, those over 70 must renew every three years. Before, this happened after 65.
Drivers
“We had, since 1997 (when the current CBT became law) ac, a vertiginous increase of professional drivers, with applications and other activities. So, an autonomous truck driver, who often only makes a psychological assessment when renewing his license, can go 10 years without going through the process ”, reflects Daniel Medrado.
On the other hand, there are those who disagree with Medrado’s vision, which also criticizes the approval in Congress “at the touch of a box”, without debate with specialists. For the professor of Transportation and Traffic at Fumec University, Mrcio Aguiar, the idea of increasing the renewal period is good and reduces costs for the population. “The truth is that the renewal exams are not objective. You answer a questionnaire, always very superficial. You spend your money there and, in fact, if you are going to analyze it with technical criteria, there was nothing objective, “he says.
Alcoholic drinks Before passing through the Senate, where the text received parliamentary amendments, the new CBT, which passes to the health of the president, allowed to convert the prisons into alternative penalties in the case of drivers who caused accidents with death or serious injuries under the effects of drugs or drinks. alcoholic. Therefore, a drunk driver who took the life of a pedestrian could, for example, provide community services instead of being arrested.
Given this, the senators presented an amendment, which was later adopted by the House. The approved code prevents the prison sentence of 5 to 8 years for wrongful death at the wheel by a drunk driver or under the influence of drugs. In the case of serious or very serious bodily injury, detention lasts from 2 to 5 years.
Wallet
Another point changed is the increase in points due to the suspension of the portfolio. Currently, each and every driver has their license revoked adding 20 points in fines. However, the approved project foresees a gradation of 20, 30 or 40 points in 12 months, depending on whether there are serious infractions or not.
In this way, the citizen only loses his wallet with 20 points if he commits two or more very serious offenses, such as passing the red light or driving above the allowed speed, within 12 months. If even such a penalty is part of the driver’s “plug” in that time interval, the limit is 30 points. If there are no such fines in a year, the cut-off score increases to 40 points.
These rules apply to all drivers, with the exception of those who are engaged in paid activity, such as taxi drivers, app drivers, truck drivers and bus drivers. Those, regardless of the number of serious infractions, only have their grade suspended if they commit 40 points in fines. Those who have the steering wheel as their main work tool can, for example, carry out up to five prohibited overtaking without having their CNH suspended.
In the opinion of Fumec professor Mrcio Aguiar, this increase in points is far from being the biggest problem. Everything revolves around inspection, which must be reinforced. “There is no use setting a limit if the inspection is not improved. This is essential to reduce accidents. There are people in the street driving with a broken wallet everywhere, ”he says, recalling the case of the player Juani Cazares, who passed through Atltico, spotted in MG-10, in Grande BH, with an excess score in CNH. In total, the athlete’s fines amounted to 154 points.
Even in the driver who has the steering wheel as a job, the law allows participation in the preventive recycling course if he adds 30 points in fines within 12 months. In this case, the balance will be reset once the training is finished. This occurs today, only with holders of portfolios C, D and E that reach 14 points.
Full of controversy and approved with urgency
Two other changes to the Brazilian Traffic Code (CBT) that were surrounded by criticism during the approval of Bill 3,267 / 2019 in Congress refer to the use of the child seat. In the proposal of the government of President Jair Bolsonaro, the initial one, there would be no sanction for the use of security equipment. However, Congress changed that: The health bill that follows provides adjustment for the child’s weight and height. As for the mandatory activation of headlights on the roads, the new law only allows the imposition of a fine on sections outside the urban perimeter.
Although Brazil is one of the protagonists of the COVID-19 pandemic, federal deputies saw the reform of the Brazilian Traffic Code as a priority. In June, the Chamber filed an emergency procedure to assess the project in full, a fact that occurred at the end of that month. In the end, the bill was approved by 353 votes to 125. Of the 53 parliamentarians elected in Minas Gerais, only 12 opposed the proposal.
Similar procedures occurred in the Federal Senate. The proposal went to Plenary on the last day 3 and received 46 votes in favor and 21 against. All elected politicians in Minas Gerais voted in favor of approval, with the exception of Antnio Anastasia (PSD), who chaired the session.
Regarding the process, the two sources heard by the ME converge their opinions. “The deputies who voted (in June) were not deputies who had the opportunity to debate and dialogue with civil society and the various actors surrounding the issue, including the scientific community,” says Daniel Medrado, from the Associação de Clnicas de Trnsito of Minas Gerais (Actrans-MG).
“At this time, we should not divert attention from this pandemic. This new Traffic Code should have been revised a long time ago. I know it was put on the agenda at an inappropriate time. This discussion should be resumed next year, with the audience of experts on the subject ”, says Mrcio Aguiar, from Fumec.
