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The Federal Senate approved in session on Thursday (3) the bill No. 3,267 / 2019, of the Executive Power, which modifies the Brazilian Traffic Code. There were 46 votes in favor and 21 against. Among the changes are the increase in the validity of the National Driver’s License (CNH) and a new scoring system that links the suspension of the right to drive with the seriousness of the offense. The proposal had already been approved by the Chamber, last June, but as it was modified in the Senate, it will return for a new appreciation by the deputies.
The approved text was informed by Senator Ciro Nogueira (PP-PI) and establishes the ten-year validity of the CNH for drivers up to 50 years. Currently, the term is five years, regardless of the age of the driver. The validity of the license will continue for five years for people between the ages of 50 and 70. And the renewal every three years, currently required for those over 65, is valid only for drivers over 70.
The project also 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. According to the text, doctors and psychologists will have three years from the publication of the law to obtain this specialization.
The bill also makes changes to the rules for using the car seat or booster seat, creates a positive driver history, and sets a deadline for the driver to comply with the recall called by the automaker.
The approval of the article was controversial. Two weeks ago, the project had already been removed from the agenda, for lack of consensus on the text. Senators Fabiano Contarato and Mara Gabrilli (PSDB-SP) presented a request for the project to be debated in the commissions of Social Affairs (CAS), Human Rights (CDH) and Infrastructure (CI).
Senator Antonio Anastasia (PSD-MG), who chaired the session, rejected the request, claiming that, in accordance with the rules for the pandemic, the issues are presented directly to the plenary.
Another request, from Senator Randolfe Rodrigues (Rede-AP), called for the vote to be postponed, but the request was rejected by 39 votes to 30.
How was the scoreboard to suspend the CNH
One of the most controversial points of the project was that it changes the score from which the driver has the right to drive while suspended. So far, upon reaching 20 points, regardless of the type of offense, the CNH is suspended.
The approved project defines a scale with three scoring limits for the suspension of the CNH: with 20 points, if the driver has two or more serious infractions; with 30 points, if you only have a very serious infraction; or 40 points, if there are no serious infractions among your infractions.
The original government proposal changed, from 20 to 40, the maximum limit of points that a driver can accumulate in up to 12 months, without losing his driver’s license.
The text establishes a fine for those who transport children up to 10 years old, who have not yet reached 1.45 m in height, without the safety seat. According to the text, failure to comply with this rule will result in a fine corresponding to a very serious offense.
It also makes calling dealerships to repair vehicle defects a condition for the annual vehicle license beginning the second year after the recall is called. The idea is to reduce the travel time of the vehicle with a pending withdrawal, minimizing the risk of traffic accidents.
The text also creates the National Positive Drivers Registry (RNPC), which must contain the data of drivers who did not commit a traffic violation subject to scoring, in the last twelve months. Among the objectives of the registry is the possibility of granting discounts on insurance contracts.
Rules for motorcycle traffic in large cities.
The proposal allows the passage of motorcycles, scooters and mopeds between vehicles on adjacent lanes in the same direction of the road when the flow of vehicles is stopped or slow. However, the text defines the following criteria:
- If there are more than two lanes of traffic, passage will only be allowed in the space between the two leftmost lanes.
- If there is an exclusive lane for public transport vehicles to the left of the road, it will be discarded for the passage of motorcycles.
- Passing between the curb and vehicles in the adjacent lane will not be allowed.
- The passage of motorcycles, scooters and mopeds between side lane vehicles must occur at a speed compatible with the safety of pedestrians, bicyclists and other vehicles.
- Local agencies may implement specific waiting areas for this type of vehicle next to traffic lights, immediately in front of the containment line for other vehicles, in the manner defined by the National Traffic Council (Contran).
Amendments accepted by the rapporteur that forced the bill to return to the Chamber
The rapporteur Ciro Nogueira made editorial adjustments to the text and reported that 101 amendments were presented to the project, of which he accepted nine: three of the editorial and six of merit.
Based on a suggestion from Senator Lucas Barreto (PSD-AP), the report followed the differentiation of specific rules for utility tires, such as jeeps. Another accepted suggestion, from Senator Jean Paul Prates (PR-RN) and also Lucas Barreto, states that the warning sanction, instead of the fine, will only be applied once in the 12-month period. There was no limit to the original text.
Senator Eduardo Girão (Pode-CE) also had his suggestion accepted and the bill made the act of transporting or keeping open containers of alcoholic beverages inside the vehicle a crime. Another amendment adopted, by Senator Jorginho Melo (PL-SC), assures the accredited doctor that, as of December 10, 2012, he has completed and passed the Training Course, the right to exercise the position of expert.
Senator Fabiano Contarato (Rede-ES) also had an amendment accepted, maintaining the prison sentence prescribed in the legislation today for cases of drunk driving causing a serious accident. The government text provided for the replacement of the sentence.
Senators Lasier Martins (Pode-RS) and Eliziane Gama (Cidadania-MA) presented highlights to try to approve their amendments, also to avoid softening the legislation in the case of traffic violations. Put to a vote, however, the highlights were rejected.
