As of this Monday (04/12), Law 14,071, of October 13, 2020, which changes the Brazilian Traffic Code (CTB), comes into force. The new regulation includes several new features, such as changes in the competences of the bodies that make up the National Traffic System, in the processes for obtaining and renewing the National Driver’s License (CNH) and in administrative deadlines. It also brings new rules on the suspension of the right to drive, changes the nature of some infractions and makes the warning mandatory. Among the changes, the new penalty related to the toxicological exam and the rules for the transportation of children are also highlighted. Check out some of the main news from CTB:
In relation to the process for obtaining the CNH, the new Law revoked the obligation to carry out practical driving lessons during the night. It also brought changes regarding the reexamination in case of failure in the written test on traffic legislation or in the practice of vehicular driving. Before, the review could only occur after fifteen days after the result was released. From now on, the candidate will no longer have time to repeat the assessment.
For qualified drivers, the deadline for renewing the physical and mental fitness exam has been extended. Previously, the assessment was renewable every five years, with the exception of drivers over 65, whose term was three years. According to Law 14.071, renewals will occur every ten years for drivers aged up to 49, every five years for those aged 50 to 69 and every three years for drivers aged 70 or over. The possibility remains for the expert examiner to propose the reduction of these periods when there are signs of physical, mental or illness that may reduce the ability to drive a vehicle.
There is yet another novelty regarding the renewal of the qualification document. From now on, the Traffic Departments will send, 30 days in advance, a notice of expiry of the CNH’s validity. Communication will take place electronically.
Suspension of the right to direct
There are also changes regarding the suspension of the right to drive. The CTB previously predicted that the suspension penalty was a matter for the executive transit agencies of the States and the Federal District. With the new law, the suspension process should be initiated concurrently with the pecuniary penalty process by the body responsible for applying the fine. Thus, the Federal Highway Police, the highway executive and municipal bodies may also apply the suspension in cases where this is the penalty attributed for the infraction. However, in the case of the suspension for reaching the point limit, the process continues to be carried out only by the state executive bodies.
And another important change is precisely in relation to the suspension of the right to drive due to excessive punctuation. Previously, the penalty was applied when the driver reached 20 points, regardless of the severity of the infractions. With the amendments to Law 14.071, there are now three point limits, established based on the number of very serious infractions committed by the driver. Thus, the suspension penalty is imposed when, in the period of 12 months, the offender reaches: 20 points, if two or more very serious infractions are included in the score; 30 points if there is a very serious infraction, and 40 points if there is no very serious infraction. The exception will be for the driver who carries out a paid activity. The score limit, in this case, becomes 40 points, regardless of the nature of the infractions committed.
Infringements, remedies and penalties
The new law changed the nature of some infractions, as in the case of driving a motorcycle with the headlight off, which stopped being very serious and became an average infraction. In addition, there are conducts that have become infractions, for example, the lack of proof of negative results in toxicological examination for drivers qualified in categories C, D or E. Driving a vehicle without carrying out the said examination, within the required period, has become considered a very serious infraction, with a fine of R $ 1,467.35 and suspension of the right to drive for three months.
And speaking of a traffic ticket, drivers will have new deadlines for the indication of the driver responsible for the infraction and for the presentation of the previous defense. In both situations, the deadline was 15 days. With the change in the CTB, this time was extended to 30 days from the receipt of the notice of assessment. Another benefit refers to the conversion of the penalty from a fine into a written warning. Previously, the measure depended on the assessment of the transit authority. As of today, in the event of a minor or medium infraction, provided that the infringer has not committed any other infraction in the last 12 months, instead of the fine, the warning should be applied.
Another novelty is the creation of a deadline for transit agencies to apply the fine penalty. The Traffic Code did not expressly define the statute of limitations for collection. From now on, the CTB defines two situations: if the prior defense is rejected or is not presented by the infringer, the penalty must be applied within 180 days, counted from the date of the infraction. In the event of presentation of the prior defense in a timely manner, this period for the assessing body to apply the fine shall be 360 days.
The new CTB also brought news regarding the transport of children under 10 years old. Those that have not reached 1.45 m (one meter and forty-five centimeters) in height must be transported in the rear seat with the appropriate restraint equipment for their age, weight and height. In addition, the transportation of children under 10 years of age, or who are unable to take care of their own safety, is prohibited on motorcycles. In the latter case, the previous legislation allowed children as young as seven years old.
The possibility for the citizen to opt for the issuance of the Annual Licensing Certificate (CLA) and the National Driver’s License (CNH) in physical or digital medium is also provided for in the CTB Also noteworthy is the extension of the deadline for the communication of vehicle sales with Detran. If the new owner does not take the necessary steps to issue the Vehicle Registration Certificate (CRV) within 30 days, at the end of that period, the former owner will have 60 days to communicate the transfer of ownership to the transit agency.
To check all the news of the Brazilian Traffic Code, access on here Law 14,071, of October 13, 2020.
Source: Jaqueline Costa – Ascom Detran-DF