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Writer's pictureDr. Cláudio Cezar Freitas

THE NEW NATIONAL TRANSIT LAW ENTERS INTO FORCE The main changes


As of this Monday, April 12, Law 14.071 / 20 comes into force, which changes several points in the Brazilian Traffic Code. The package, which was sanctioned by President Jair Bolsonaro on October 13, 2020, changes, for example, the validity of the CNH from five to 10 years and the increase in the score to up to 40 points, depending on the infractions.

1. Increase in the validity of the CNH

Among the changes that will most impact the driver's life, most say about the National Driver's License. All documents issued from today are valid for 10 years for drivers up to 50 years of age.

Above that age, the renewal happens every five years. Now, seniors over 70 must issue a new document every three years. Previously, this period occurred for people over 65 years old.

2. New score

Until today, the driver can accumulate up to 20 points at the CNH in order not to have his license suspended. As of now, however, there is a gradual increase in this score. That is, depending on the severity of the infraction, the driver may lose the document with 20, 30 or 40 points accumulated within 12 months.

If there are two or more very serious infractions within that period, the CNH is suspended with 20 points. If there is a very serious infraction, the suspension occurs with 30 points. However, it will only reach 40 points within 12 months, if no serious infraction occurs.

For those who are professional drivers, however, the rule is always 40 points, regardless of infractions. Taxi drivers, application drivers, motorcycle taxi drivers and truck drivers fall into this profile.

3. Recycling course with 30 points only

According to the new law, if these professionals accumulate 30 points in 12 months, they need to take the refresher course, to then reset the score. According to the old norm, the course is instructed for CNH categories C, D or E when they reached 14 points.

4. Fines become warnings

As of today, light or medium infractions with no recurrences within a year become just warnings. Until now, it was up to the transit authority to turn offenses, under this method, into a warning. In addition, pedestrians will no longer be fined.

5. CNH size not mandatory

Another change allows the driver to drive the vehicle without carrying the CNH. That is, if at the time of identification it is possible to access the computerized system that proves that the driver is qualified (digital CNH). Thus, the CTB provides the forecast of the digital qualification document, previously only provided by Contran.

The digital CNH also becomes valid as an identity document throughout the national territory.

6. Drug tests

Whoever is caught driving at a speed above 50% of the limit allowed by the road, now, will no longer have the suspension and immediate apprehension of CNH. The driver will enter an administrative proceeding to lose his license.

7. Licensing only after recall

The new change also refers to the mandatory recall. According to the text, vehicles that do not attend the recall in more than one year will have this registered in the CRVL. Thus, it can only be licensed again after proven service for repair.

8. Headlights on

The previous law required the use of a beacon under access on any highway. According to the new text, it is mandatory to use a low beam only on single-way highways, whose separation from the opposite flows occurs through horizontal painting in yellow, and outside the urban perimeter.

In addition, it is mandatory by law to turn on the lights in any type of tunnel, under fog or fog. Motorcycles remain obliged to keep the lights on at all times.

9. Chairs

Before the text addressed the Chamber, President Bolsonaro wanted to release the use of the car seat or booster seat. However, the obligation was maintained. The code provides for a very serious fine for transporting children without complying with safety regulations.

What changes now, however, is the height limit for using safety devices. Children 1.45 meters up to 10 years old must use the restraint by law. It is worth reiterating that, so far, the Contran that regulated the issue and did not stipulate a height.

So motorcycles, mopeds and scooters will only be able to transport children over ten years old.

10. Extended term for prior defense

According to the new rule, the deadline for nominating the driver and for presenting a previous defense increases from 15 to 30 days.

11. Fine when stopping on a bike path

Anyone who uses bike lanes or bike lanes as a place of embarkation or disembarkation or even as a parking lot is liable to a fine. According to the text, the driver may receive a serious infraction, with a fine of R $ 195.23 and a sum of five points from the CNH.

Overtaking cyclists is now an act liable to a very serious fine. Drivers who overtake cyclists without slowing down, in accordance with traffic safety, will be committing a serious offense.

very fine, subject to a fine of R $ 293.47 and sum of seven points in the portfolio.

12. End of alternative prison for drivers convicted of manslaughter

The new rule prevents the substitution of prison by alternative penalties for drivers who, under the influence of alcohol or psychoactive substances, cause death or bodily injury.

Until then, the law was framed as manslaughter by someone who committed homicide or serious or very serious bodily injury while driving under the influence of alcohol or psychoactive substance. This time, the intention is to prohibit those who committed these crimes from serving alternative sentences instead of imprisonment.

13. Lighter fine for motorcyclists without visor or glasses

Under the new rule, anyone who drives a motorcycle, scooter or moped with a helmet without a visor / goggles or with a visor / goggles in disagreement with Contran will commit a medium infraction. Thus, the driver will be liable to a fine of R $ 130.16, in addition to the retention of the vehicle for regularization.

However, previously there were two types of infractions for this act. The first, very serious, said about who walked without glasses or visor. While the second, light, refers to those who circulated with an open or damaged visor.


In full: http://www.planalto.gov.br/ccivil_03/_ato2019-2022/2020/lei/l14071.htm?fbclid=IwAR3f-gAdfSlOM2WHZL8B49LznXd1wZRPxH7iLS31dCbBVheZyaiTp4_wXwE


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