CNH, car seat, lighthouse: sees changes in the traffic law sanctioned by Bolsonaro | Politics

Since it was introduced by the president himself in 2019, the text has undergone several changes in the House and Senate. The new rules come into force 180 days after the publication of the law, which took place this Wednesday (14), in the Official Gazette of the Federation.

The extracts taken by Bolsonaro will be analyzed again by the National Congress, which can restore the measures or overturn them permanently.

The original project was criticized by road safety authorities, who at that time requested dialogue and technical studies to support future rules.

Congress continued to extend the point limit for the CNH suspension, but added a staggering, depending on the level of seriousness of the infractions committed, and the requirement that there are no serious violations on the driver’s license.

Also, the rules for transporting children, Where the government proposed changing the fine to a warning in writing, in case of non-compliance, ended up being toughened up by MPs.

See the main changes, how it is in the current law and how the government’s proposal was:

CNH suspension for points

How was it: there will be a scale with three scoring limits, for which the CNH is suspended:

• 20 points, if the driver has two or more very serious offenses in a 12-month period;
• 30 pointsif you have only one very serious offense in the same period;
• 40 points, if there are no serious infractions in the meantime.

No case of professional drivers, the measure relaxed; they can reach the 40 point limit regardless of the nature of the offenses committed.

As it is currently: Suspension occurs when the driver reaches 20 points in 12 months or for specific infractions.

As the government wanted: Suspension would occur when the driver reached 40 points in 12 months or for specific violations.

How was it: stipulates a period of ten years for the renewal of exams of physical and mental fitness for the renewal of the driver’s license, 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 says that, in case of signs of physical or mental disability or a progressive disease that reduces the ability to drive, the expert examiner can shorten the terms to renew the license.

As it is currently: Article 147 of the CTB says that the exam is renewable every 5 years or, in the case of people over 65, every 3 years.

As the government wanted: that the physical and mental fitness test would be renewable every 10 years. In the case of the elderly, over 65, the renewal would be every 5 years.

Child seat

How was it: The high chair or booster seat device will be mandatory for children up to 10 years old who have not reached 1.45 meters in height., and must be carried in the back seat. The very serious infraction sanction is maintained for those who fail to comply with the obligation.

As it is currently: the CTB says that children under the age of 10 must ride in the rear seats. A 2008 National Traffic Council (Contran) resolution mandates the use of restraint devices when transporting children up to 7 1/2 years of age. Between 7½ and 10 years, the child must wear a seat belt.

Article 168 of the CTB says that failure to comply with these rules constitutes a very serious offense, with a fine and retention of the vehicle until the situation is regularized.

• The car seat can reduce accident damage by up to 60%

As the government wanted: Up to 7 and a half years, children must be transported in the rear seats and with a seat adapted to the size and weight. Between the ages of 7 1/2 and 10, they would be “carried in the back seats” and wear seat belts.

Also according to the government’s proposal, the violation of the rules would be punished only with a written warning. In other words, the warning could replace the fine and the administrative measure (vehicle retention) applied until then.

See the differences between using and not using car seats:

Bodily injury and drunken homicide

How was it: One of the main changes made in Congress establishes that in cases of bodily injury and homicide caused by a drunk driver, even if it is not intentional, the prison sentence cannot be replaced by a more lenient one, which restricts rights.

As it is currently: The legislation says that prison can be replaced by restrictive rights if the crime is guilty (involuntarily). Therefore, if a driver who is intoxicated or under the influence of drugs causes personal injury and even murder, the sentence can become an alternative sentence.

As the government wanted: there were no changes to these penalties in the original project.

Toxicological examination (categories C, D and E)

How was it: the toxicological test is maintained. It is used to verify the consumption of psychoactive substances that have been shown to compromise the ability to drive.

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

As it is currently: Drivers in categories C, D, and E, such as truck, van, and bus drivers, with CNH valid for 5 years, must take the exam within 2½ years. For older drivers, the term is 1 and a half years. If you fail, you have the right to drive for 3 months.

As the government wanted: eliminate the mandatory exam.

How was it: followed the government project of keep the use of headlights on during mandatory single-day roads. However, eliminates the mandatory use when these roads are in urban perimeters.

As it is currently: a 2016 regulation says that the driver is obliged to keep the headlight on day and night “in tunnels with public lighting and on roads”, whether they are single-lane or not; in case of non-compliance, the violation is medium.

As the government wanted: the text said vehicles without DRL should keep their lights on even during the day, on single-lane roads, tunnels, and in rain, fog, or fog.

The project also indicated that the infraction for those who do not turn on the light would be slight. However, it would only apply “if the owner is a legal entity and there is no driver identification.”

How was it: The government vetoed the House proposal to define rules for the circulation of motorcycles, scooters and mopeds when traffic is stopped or slow.

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

The proposal also it would also create a “waiting area” for motorcyclists next to the traffic lights.

As it is currently: the CTB does not prohibit, nor does it regulate, the use of motorcycles between lanes of traffic. In 1997, article 56 would restrict the use of motorcycles in the corridor, however, it was vetoed by the then president, Fernando Henrique Cardoso.

However, there are complaints from motorcyclists framed in article 192 of the CTB, which says that the driver of any vehicle cannot “fail to maintain a safe lateral and front distance between his vehicle and others”

As the government wanted: in the original project there were no changes in the movement of motorcycles in the corridor.

• Understand what the current rule about motorcycles in the hall is.

Fine softer for helmet without visor

How was it: the law modifies an extract of the Traffic Codewhich deals with the mandatory use of a helmet, removing the mention of the visor, which is currently considered a very serious offense. Do not wear a visor on the helmet or glasses it won a separate article in the law, making it a medium infraction.

As it is currently: the CTB article on motorcycle regulations requires the use of helmets always with a visor or goggles – the current fine is very serious and the right to drive is suspended.

There is also a specific resolution on the incorrect use of the visor; It says that the motorcyclist cannot drive the vehicle with the visor raised or with tinted glasses. In that case, article 169 of the CTB would apply, with the application of a light fine.

As the government wanted: the bill would establish a specific punishment for anyone who wears a helmet without a visor or glasses. The act would become a medium offense, with a fine and vehicle retention until the situation is regularized. Walking with the visor up would also be an average infraction.

Car document with recovery

How was it: to her makes recall a condition for annual vehicle licensing from the second year after the call.

As it is currently: there is no impediment to issuing the CRLV if the vehicle has not been recalled.

As the government wanted: the proposal was to prevent the CRLV from being issued on the sale of a vehicle if the previous owner had not made any recalls.

Warning penalty

The text states that for minor or medium offenses, a written warning sanction 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 law establishes that calling dealerships, that is, asking owners to repair defects found in vehicles, is a condition for the annual vehicle license from the second year after the call.

The change creates the Positive National 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.

The law provides for the creation of “public traffic schools” for children and adolescents with theoretical and practical classes on legislation, traffic signs and behavior.

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