Bolsonaro signs law that modifies the rules of the Traffic Code | Politics

Until the publication of this report, the text had not yet been published in the “Official Gazette” and the government had not yet published the list of vetoes. The extracts taken by Bolsonaro will be analyzed again by the National Congress, which can restore the measures or overturn them permanently.

The Chamber approved the final version of the project on the 22nd and Bolsonaro had until the 14th to complete the analysis. TO the new rules will take effect 180 days after the law is published.

In a transmission of the social network, Bolsonaro commented on the version of the law that was approved in Congress and early veto of the rules that restricted the movement of motorcyclists.

“It is in the project, we vetoed, that the motorcyclist could only overtake with lines, stopped cars and slow speed. We veto that. A higher speed is still worth it so that the motorcyclist can follow the destination ”, he declared.

“Some things have been changed [no Congresso]. It wasn’t what we wanted, but there was some progress. Certainly, next year we can present a new project that seeks to correct something else. Our intention is to make life easier for the driver, ”he said.

The text was sent to the National Congress by the government of Jair Bolsonaro, but it underwent changes during the process. The president wanted, for example, to change the rules for transporting children in car seats; MPs removed the section.

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What Congress approved

Among the changes approved in Congress are:

• increase in the number of points by suspension, due to fines, of the National Driver’s License (CNH);
• mandatory use of a car seat for the transport of children up to 10 years old who have not yet reached 1.45 meters;

One of the main changes made in Congress states that in cases of bodily injury and homicide caused by a drunk driverAlthough unintentionally, the prison sentence cannot be replaced by a more lenient one, which restricts rights.

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

In this way, if a drunk or drugged driver practices bodily injury and even homicide, his conviction can become an alternative sentence.

Points of the original proposal sent by the government, such as the elimination of the fine for those who transport children without the car seat, were not even approved by deputies and senators.

The project was 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.

The project extends the term to renew CNH renewal and physical and mental fitness tests, according to the following situations:

• 10 years for drivers under the age of 50;
• 5 years for drivers age 50 and over and under age 70;
• 3 years for drivers aged 70 and over.

The text also provides that, in the event of signs of physical or mental disability or progression of a disease that reduces the ability to drive, the expert examiner may shorten the time limits for renewing the license.

Currently, the Traffic Code provides for renewal every five years for most drivers and every three years for drivers over 65.

The text sent by the government provided for the renewal of exams every 10 years and, for people over 65, every five years.

The text further determines that Physical and mental fitness tests are performed by expert forensic 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 evaluated “objectively” by test takers, which will subsidize the accredited professional inspection conducted by transit agencies in collaboration with professional councils.

The project also different driver’s license score limits, 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 who have two or more infractions 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 project provided for a general expansion of 40 points for all drivers, regardless of the offense link created by the rapporteur.

The rapporteur also included the psychological evaluation requirement when the driver:

• get involved in a serious accident to which you contributed;
• be convicted of a traffic violation;
• 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 that have not yet reached 1.45 m in height. The car seat must be adapted to the age, weight and height of the child.

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 stipulated that the penalty for non-compliance was just a written warning, without the fine. According to the Executive’s proposal, toughened by the speaker, the car seat would be necessary for children up to 7 and a half years old.

On the renewal of the driving license, the text also maintains the obligation to carry out toxicological tests for drivers of categories C, D and E.

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

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

The project makes dealer recall – citation of the owners to repair defects found in the vehicles – condition for the annual license of the vehicle from the second year after the call.

According to the speaker, cases of non-compliance with the procedure are frequent, putting the safety of the drivers of these vehicles and other people at risk.

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

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 the drivers of the registry. However, deputy Juscelino Filho withdrew this part by accepting a plenary amendment.

The project foresees the creation of “public transport schools”For children and adolescents with theoretical and practical classes on legislation, signs and road 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 placards 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 record.

Warning penalty

The text further establishes that for minor or medium offenses, a written warning penalty must be imposed, rather than a fine, if the offender has not committed any other offense in the last 12 months.

Currently, the legislation already allows this possibility if the traffic authority “understands this measure as more educational” and provided that the driver has not committed the same offense in the last 12 months.

The text determines the Mandatory to keep the headlights on during the day, in tunnels and in rain, fog or fog, and at night..

The Senate made an amendment, upheld in the House, to restrict the mandatory use of dipped beams during the day on single-lane highways to only those located outside urban perimeters.

By welcoming this change, Juscelino Filho says that the use of headlights in cities “could have the opposite effect, by equating all other vehicles with buses and motorcycles, which today are already forced to travel with headlights to differentiate themselves and be better perceived” . in urban traffic “.

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;
• 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 infraction. 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 obligation for part of the driving lessons to 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 risk. security of persons or property of the Legislative. Notices of infringement will be sent to the competent body.

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