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National Change Eliminates Requirement for Mandatory Classes in Driving Schools and Raises Questions About Refunds for Those Who Have Already Hired Complete Packages
The Contran‘s decision to eliminate the mandatory classes in driving schools to obtain a driver’s license has generated immediate doubts among consumers. Questions arose regarding refunds, prepaid packages, and contractual rights, and experts emphasize that the current understanding must be followed until the official publication of the regulation.
Rules Regarding the Mandatory Nature of Driving Schools
The resolution approved by the Contran, which will no longer require mandatory classes in driving schools, alters the dynamics of the qualification process. However, while the decision has not been published in the Official Gazette of the Union, the current rules remain in effect. Currently, the procedure involves medical exams, psychological testing, theoretical course, theoretical exam, 20 hours of practical classes, and practical exam. Additionally, the proposal provides for a free digital theoretical course, offered by the Ministry of Transport, and the reduction of practical classes to 2 hours, which do not necessarily have to occur in driving schools. The theoretical and practical exams are still provided for.
Rights of Those Who Have Already Paid for Theoretical and Practical Courses
A consumer who purchased complete packages asks if there is a right to a refund. According to Maria Inês Dolci, a member of the Consumer Defense Commission of OAB-SP, there is a right to a full refund of the unused portion when the classes have not yet occurred. According to her, classes already taken should not be refunded, as the student purchased the package to fulfill a legal requirement that will cease to exist. Therefore, the refund can be requested, always based on the unused portion.
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Documents Required to Formalize Requests
The Public Defender’s Office explained that the consumer needs to gather documents that prove the contractual relationship. Thus, the service contract, payment receipts, and records of the classes held must be presented. This set of documents facilitates requests for refunds or renegotiations with the driving school, ensuring that the consumer presents clear evidence of what was contracted and used.
Can Driving Schools Deny Refunds or Recalculate Amounts?
According to the specialist from OAB-SP, they cannot. Recalculating the amount based on individual classes to decrease the refund constitutes abusive practice. She exemplifies: “If you paid R$ 2,000 for 20 classes and only took 10, you are entitled to receive half.” Furthermore, according to the specialist, there is no cancellation fee, as the student is not canceling voluntarily. The contract, as she highlights, changed due to supervening fact, i.e., a government decision. The driving school can only retain minimal administrative fees, provided they are substantiated. The Procon-SP stated that it is still analyzing the entirety of the decision and will not comment for now.
How to Act in Case of Refusal of Refund
The consumer can formalize a request for suspension of classes and proportional refund, preferably in writing, using email or WhatsApp. However, if there is a denial, there are three paths: registering the case with Procon; forwarding collective situations to the Public Ministry; seeking a resolution in the Special Civil Court, at no cost for smaller amounts. These measures allow for continuity, transparency, and a quick solution.
Is It Safe to Interrupt the Contracted Classes?
The answer, according to experts, is no. Until the official publication of the regulation in the Official Gazette, contracts remain valid. Therefore, the student should not miss scheduled classes. The new rule only comes into effect after its formal publication. Thus, until then, what is in the contract must be fulfilled.
Expected Impacts with the Future Change
The government claims that the objective is to reduce bureaucracy and decrease costs, considering that the process can cost up to R$ 3,200. Additionally, it is estimated that 20 million Brazilians drive without a license. The change could alter the organization of the sector, the behavior of students, and the way driving schools negotiate packages, especially in light of the refund rules applied.
Institutional Understanding and Necessary Adjustments
The decision of the Contran creates a need for editorial review, as it requires clear information, without sensationalism and with total precision. Thus, experts advocate transparency and compliance with informative policies, ensuring that the reader receives exactly what the text promises. Additionally, more rigorous editorial review processes prevent inconsistencies and improve understanding of legal changes. This alignment strengthens consumer trust and facilitates adaptation to the new rules.
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