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Traffic Code: Chamber changes project and fixes in 10 years validity of cnh of…

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Traffic Code: Chamber changes project and fixes in 10 years validity of cnh of...

The basic text, approved by parliamentarians on Tuesday (23), determined that the document for drivers in this age group be renewed every five years.

With this, professional drivers will be framed in the general rule:

  • CNH with validity of ten years for those under 50 years
  • CNH valid for five years for those aged 50 years and over and less than 70 years;
  • valid for three years for drivers aged 70 years and over.

The other highlights to the project were rejected. With the conclusion of the vote by the House, the matter will proceed to a vote in the Senate.

Considered a priority issue by the Planalto Palace, the project was presented in June last year by President Jair Bolsonaro, who personally went to the House to deliver the text.

Among the changes, the project extends the deadline for the renewal of physical and mental fitness exams for the renewal of the CNH and establishes the mandatory use of car seats for the transport of children up to 10 years old who have not yet reached 1.45 meters.

The project also regulates the movement of motorcycles between vehicles, maintains the requirement of toxicological tests for drivers of categories C, D and E and provides different limits of score on the driver’s license, before suspension, within 12 months.

Learn point by point what the project says:

The project extends the deadline for the renewal of physical and mental fitness exams for the renewal of the CNH, according to the following situations:

  • 10 years for drivers under 50 years;
  • 5 years for drivers aged 50 years and over and less than 70 years;
  • 3 years for drivers aged 70 years or older.

The basic text initially provided that, for drivers under the age of 50 who were engaged in paid activity in a vehicle, the renewal period would be less than five years. But the Deputies approved a highlight of the PSL and kept for these professionals the same rule valid to the others.

The text also provides that in the event of signs of physical or mental disability or progressivity of disease which decreases the ability to drive, the examiner may shorten the time limits for the renewal of the portfolio.

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 years, every five years.

The text also determines that physical and mental fitness examinations are performed by medical and expert examining psychologists, with the degree of specialist in traffic medicine or traffic psychology, respectively. The current legislation does not make this requirement explicit, and the requirements are only contained in Contran resolutions.

According to the proposal, the examinations should be evaluated “objectively” by the examinees, which will subsidize the supervision of the accredited professional made by the traffic agencies in collaboration with the professional councils.

The project also provides for different limits on driver’s license scores before suspension within 12 months:

  • 40 points for those who do not have very serious infringement;
  • 30 points for those who have a very serious;
  • 20 points for those who have two or more such infractions.

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 whenever the offender reaches 20 points.

The original government project provided for a general expansion of 40 points for all drivers, regardless of the infringement link created by the rapporteur.

The rapporteur also included the requirement for psychological assessment when the driver:

  • serious accident to which it has contributed;
  • be convicted in court of a traffic offence;
  • endangering traffic safety by decision of the transit authority.

The approved project also determines the mandatory use of the car seat for children up to 10 years who have not yet reached 1.45 m in height. According to the text, non-compliance with this rule will result in a fine corresponding to a very serious infringement.

The government’s original proposal provided that the punishment for non-compliance would be only a written warning, without the fine. According to the executive’s proposal, hardened by the rapporteur, the car seat would be necessary for children up to 7 and a half years.

On the renewal of the driver’s license, the text also maintains the mandatory toxicological tests for drivers of categories C, D and E.

The end of the mandatory examination was one of the controversial points of the text and was criticized by parliamentarians and entities linked to the sector.

According to the proposal, those under the age of 70 will also have to undergo the examination every two and a half years, regardless of the validity of the CNH. Objective is to prevent any change in the term of the portfolio implies a change in the periodicity of the examination.

The project establishes rules for the movement of motorcycles, scooters and mopeds when traffic is stopped or slow.

According to the text, motorcyclists must transit with speed compatible with the safety of pedestrians and other vehicles in these situations.

The proposal also creates a “waiting area” for motorcyclists next to the traffic lights. The project says that there will be an area delimited by two retention lines, intended exclusively to wait for these vehicles near the traffic lights, immediately in front of the retention line of the other vehicles.

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

According to the rapporteur, cases of non-compliance with the procedure are frequent, endangering the safety of drivers of these vehicles and others.

The proposal creates the National Positive Register of Drivers (RNPC), in which drivers who have not committed traffic violations subject to the score 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.

Initially, the report predicted that, in the National Traffic Week, celebrated in September, there would be a draw in the amount of 1% of the amount collected with fines to reward drivers of the register. However, Juscelino Filho withdrew this part by accepting a plenary amendment.

The project foresees the creation of traffic schools for children and adolescents with theoretical and practical classes on legislation, signage and behavior in traffic.

Proposals for regulatory standards to be issued by Contran should be submitted for public consultation before entry into force. The goal is to give more transparency to the board’s decisions.

The opinion proposes the exemption of points on the driver’s license in some situations of administrative offences, for example:

  • Driving vehicle with altered color or feature;
  • Driving vehicle without mandatory documents;
  • Carry in the vehicle plates in disagreement with the specifications and models established by contran;
  • Fail to update the vehicle registration or driver’s license.

Fines for these situations, however, are maintained.

See other project points:

  • Exam disapproval: the bill revokes the Traffic Code provision that determined that the written examination on traffic or vehicle driving legislation could only be redone 15 days after the disclosure of the result, in case of disapproval;
  • Headlamps: the text determines the obligation to keep the headlights on during the day, in tunnels and in rain, fog or cerration, and at night. The proposal, however, makes it more flexible for the headlights on highways, currently provided for by law – by the proposal, the requirement is only for vehicles that do not have daytime running lights on single-lane highways;
  • Helmet without visor: the proposal amends a section of the Traffic Code that deals with the mandatory use of the helmet, removing the mention of the visor – which is currently considered a very serious infraction. The non-wear visor on the helmet or goggles has gained a separate article in law, becoming medium infraction;
  • Evening classes: the project also removes the requirement that part of the driving classes be done at night;
  • Legislative police: the text provides that the legislative police of the House of Representatives and the Senate, through agreement with the local traffic agency or entity, may authenticate drivers in case of infraction committed in the vicinity of the National Congress when they are compromising services or endangering the safety of people or the assets of the Legislature. The infringement notices will be forwarded to the competent body.

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