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The Chamber of Deputies approved in session on Tuesday (22) the bill (PL) No. 3,267 / 2019, authored by the Executive Power, which modifies the Brazilian Traffic Code (CTB). Among the changes, we highlight the increase in the validity of the National Driving License (CNH), from 10 years for drivers up to 50 years, and a new scoring system that links the suspension of the right to drive with the seriousness of the offense. As it had already been approved by the Senate, the text now passes to the sanction of President Jair Bolsonaro.
According to the approved project, the CNH’s validity period begins to differ according to the age of the driver. If, on the one hand, those between the ages of 18 and 50 will be able to keep their license for up to a decade, those who are between 50 and 70 will continue to hold it for only five years. Above that, the person must go to Detran every three years. The change in the scoring system for offenses committed after the suspension of the CNH is also different.
The approved text defines a scale with three scoring limits: 20 points if the driver has two or more serious infractions; 30 points if you only have a very serious one; and 40 points if you have none in the last 12 months. The original proposal, that is, the one sent by the government, only proposed a change of 20 to 40 points.
The matter had been approved by the senators on September 3, and because it was modified, it returned to the House. One of the points modified by the Senate – and rejected by the deputies – refers to the infraction in the act of transporting or keeping open the containers of alcoholic beverages inside the vehicle.
The rapporteur on the matter, Juscelino Filho (DEM-MA), did not accept the amendment because he understood that the text should include an exception for tourist transport vehicles. He also understood that the open drink could still be consumed by the passenger, not the driver. In all, the Senate proposed 12 changes, four of which were rejected.
One of the amendments accepted by the deputies prohibits turning incarceration into alternative penalties in the event of death or bodily injury caused by a drunk driver or under the influence of drugs. As the traffic homicide is guilty, the Penal Code (Decree Law 2,848 / 40) can be interpreted favorably to the driver because it allows the conversion of the penalty of any size in the case of a guilty crime. The code imposes a prison sentence of 5 to 8 years for involuntary manslaughter committed by a drunk driver or under the influence of drugs and a prison sentence of 2 to 5 years for serious or very serious bodily injury.
With the approval of Congress, President Jair Bolsonaro has up to 15 days to sign the law. But the expectation is that the text will be signed and become a de facto law at the end of this week on the occasion of National Traffic Week, which will run until next Friday (25). The changes made by the project will take effect 180 days after the publication of the future law.
See below, in detail, the changes made to the Traffic Code and how they will affect the daily life of Brazilian drivers:
CNH validity
Drivers up to age 50 will have a National Driver’s License (CNH) valid for 10 years. Drivers between the ages of 50 and 70 will have the license valid for five years, as it is today. Those over 70 must renew it every three years. Evidence of physical or mental impairment, or of a disease that may affect the ability to drive the vehicle may imply a reduction in the validity of the CNH by the expert examiner. Detrans must send an electronic message to drivers, 30 days in advance, warning about the end of the validity of the qualifications.
New point system
The point limit for CNH suspension is increased. For professional drivers, it goes up from 20 to 40 points. The rest are classified into specific categories, which depend on the number of very serious offenses committed in the last 12 months. There are three classifications: 40 points for those who do not have a very serious infraction; 30 points for those who have a very serious infraction; and 20 points for those who have two or more infractions of this gravity.
Toxicological examination
The deputies maintained the obligation for drivers to carry out a toxicological examination in cases of loss of portfolios in categories C, D and E. To adjust the terms due to the different validities, only drivers under 70 years of age should undergo a re-examination after two and a half years of reform.
Fine relaxation
All minor and medium fines are punishable only with a warning, if the driver is not a repeat offender in the same offense in the last 12 months. The maximum term to apply the sanction and issue a fine notification to the offender is 180 days. If the driver presents a prior defense, the period is doubled. The fine loses its validity if the government misses the challenge period.
Using the car seat
The child seat has its mandatory use in the Brazilian Traffic Code, that is, it is no longer regulated only by non-legal regulations. Drivers must have the equipment to transport children up to 10 years old who have not reached 1.45 m in height.
Electronic Notification
The electronic notification system for fines is created. The driver can choose this type of model. Recognition of the offense committed will allow the driver to obtain a 40% discount on the fine. In the event that the driver does not acknowledge the violation, the electronic notification system must, however, provide a field for the presentation of the defense and the appeal.
Get low
The driver is obliged to keep the headlights low only on single-lane roads outside the urban perimeter. Car manufacturers are required to produce national and international vehicles with daytime running lights.
Driving test
Drivers in categories C, D and E must show a negative result on the toxicology test to take or renew their license. The examining experts must be physicians and psychologists, with specific degrees in traffic medicine and traffic psychology conferred by the professional council.
License
Licensing of vehicles that have not completed recall campaigns for more than one year is prohibited.
Armored vehicles
The driver is exempt from additional documents or authorizations to regularize armored vehicles in addition to the regulations already provided for in the Traffic Code.
Sale of vehicles
The buyer of a vehicle will have 30 days to register it in his name. Failure to comply with the deadline requires the seller an additional 60 days to notify Detran of the sale. Failure to meet one of the deadlines will result in a penalty with a minor infraction.
Positive record
The Positive National Driver Registry (RNPC) is created, which will have the purpose of registering drivers who have not committed an offense in the last 12 months. Those enrolled will have tax or tariff benefits, in the form of specific legislation for each state, in addition to the Federal District. The interested party must request prior and express authorization to open the registry.
Motorcycle “runners”
The so-called “racers” of motorcyclists will have specific rules in the Traffic Code. One of them is the ability to admit vehicle traffic when the flow is slow or stopped. In the case of two lanes with a less “heavy” flow, the passage will only be allowed in the left lane. The flow must respect a “compatible” speed that guarantees the safety of pedestrians, cyclists and other vehicles.
bikes
Drivers who do not slow down when passing cyclists will see their penalty increased. A specific offense, of a serious category, is also created for the cases of drivers who stop in a bike lane or cycle lane. It will be the responsibility of the National Traffic Council (Contran) to regulate motorized bicycles, as well as the license and registration for their circulation on the roads.
