The update to the traffic law imposes a heavy fine of R$2.934,70 and the immediate suspension of the right to drive for offenders. This update to the rule has caused concern among drivers, who need to pay extra attention to avoid penalties that could compromise their right to drive vehicles.
Recently, Brazilian traffic laws have undergone significant changes, with the aim of toughening penalties and reducing dangerous practices on the roads. With the new traffic law, drivers who commit very serious infractions face a fine of R$2.934,70, in addition to the immediate suspension of their driving license. This update in the legislation, which has already caused apprehension among drivers, is mainly aimed at those who participate in street races, illegal competitions and other dangerous driving practices.
The penalty imposed by the new traffic law is not just a fine. The immediate suspension of the right to drive is a direct consequence for those who participate in races or demonstrations of skill on public roads. These infractions, considered extremely serious, can result in the fine being multiplied in cases of repeat offenses, making this new law a real nightmare for reckless drivers.
The main infractions that lead to the immediate suspension of the right to drive
According to the new traffic law, some infractions are punished more severely, regardless of whether the driver has reached the 20-point limit on their National Driver's License (CNH). Immediate suspension of the right to drive is one of the most feared consequences, and some infractions that lead to this penalty include:
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1. Participating in unauthorized street races or races (Art. 174) (Updated in 2023)
This extremely dangerous infraction is considered very serious. Drivers who participate in street races face a fine of R$2.934,70 and immediate suspension of their driving license. According to the new traffic law, repeat offenses may result in the fine being multiplied, which further increases the amount to be paid by offenders.
2. Promoting or participating in a competition or exhibition of expertise (Art. 174)
Another infraction that can lead to immediate suspension of the right to drive is participating in competitions or demonstrations of skill. This type of behavior is considered extremely serious, and a fine of R$2.934,70 is applied immediately, in addition to the seizure and removal of the vehicle. As with street racing, repeat offenses can also result in more severe penalties.
3. To compete in a race in a spirit of emulation (Art. 173)
Illegal racing, also known as “drag racing,” is one of the most common offenses among young people, especially in urban areas. The new traffic law provides for a fine of R$2.934,70, vehicle impoundment, and immediate suspension of the driver’s license for those involved. This practice not only puts the drivers themselves at risk, but also pedestrians and other drivers.
4. Performing dangerous maneuvers, such as skidding and sudden braking (Art. 175):
Dangerous maneuvers, such as sudden starts, skidding and braking, are also included in the list of very serious infractions that can result in the immediate suspension of the driver's license. A fine of R$2.934,70 is applied, and the vehicle may be towed, depending on the severity of the infraction. The new traffic law is clear in severely punishing these behaviors, which put everyone's safety at risk.
The new law is an update from 2023: Participating in an unauthorized street race or race (Art. 174) - Infringement: Very serious – Penalty: Fine of R$2.934,70 e immediate suspension of the right to drive.
The law was updated in 2023 with Reinforcement of the penalty with the possibility of multiplying the fine in cases of repeat offenses. In other words, now the fine can be close to R$6 thousand reais!
How to appeal the immediate suspension of the right to drive?
With the new traffic law, many drivers are on alert to avoid infractions that can result in immediate suspension of their driving license. However, it is possible to appeal these penalties, as long as the driver follows the appropriate deadlines and procedures. The first step is to present a preliminary defense to the Department of Traffic (Detran), which will open an administrative process after notifying the offender.
Upon receiving notification of the suspension of the right to drive, the driver has a minimum period of 30 days to present his defense. If the defense is denied, the offender may appeal in the first instance to the Administrative Board of Appeals for Infractions (JARI). If the appeal is rejected again, it is possible to appeal in the second instance to the State Traffic Council (CETRAN).
During the appeal process, the driver can continue driving until all instances have been decided. However, if the appeal is denied at all stages and the offender continues to drive, he or she runs the risk of having his or her license revoked, an even more severe penalty.
Procedures for appealing a fine and suspension
When a driver is notified of an infraction that results in a fine and immediate suspension of their driving license, it is essential to follow certain steps to ensure that their appeal is valid. The appeal must be sent to the responsible agency within the stipulated deadline, and can be delivered in person or by mail. An important tip is to use the Post Office's Receipt Notice (AR) service, which proves that the document was delivered within the correct deadline.
Furthermore, it is crucial that the notification received contains all complete and correct information. If there are any errors in the notification, such as incomplete data or incorrect information, the chances of the appeal being accepted increase significantly.
The new traffic law sets strict rules for traffic authorities, and any failure in the process can result in the penalty being canceled.
Impacts of the new traffic law for drivers and the increase in fines
The new traffic law was created to toughen penalties and thus reduce the incidence of very serious infractions on Brazilian roads. The fine of R$2.934,70, combined with the immediate suspension of the driver's license, is a severe but necessary measure to punish behaviors that put public safety at risk. Drivers who organize street races, illegal competitions or perform dangerous maneuvers are the main targets of these punishments, but the application of the new law serves as a warning to all drivers.
On the other hand, many drivers are still unaware of the details of the new traffic law and its implications. This means that some are caught off guard when they commit infractions that result in the direct suspension of their driver's license. Therefore, it is essential that all drivers remain aware of the rules and avoid risky behavior that could result in such severe penalties.
Absolutely correct, with the fine and immediate suspension, street racing would probably decrease and, in my opinion, impounding the vehicle would also be ideal in these cases. Exemptions for street racing should also be prohibited. Why don't they publicize this in the media?
since a warning does not solve the problem and applying the loss of the right to drive is absolutely correct.