Portuguese 
English 
Spanish 
5 min of reading 
0 comments 
Many People Think That The Infraction Only Occurs While Driving, But The CTB Also Penalizes Those Who Hand Over The Vehicle. If The Driver Is Without A Driver’s License, Suspended, Or Canceled, It’s R$ 880.41 And 7 Points. And, According To The STJ And The Detran-RS Alert, There May Be Liability In Accidents Even Without Driving
Those Who Lend A Vehicle Usually Believe That The Responsibility “Goes Along” With The One Behind The Wheel. However, The CTB Treats The Act Of Handing Over The Steering Wheel As An Infraction In Itself, Even When The Owner Has Not Driven A Single Meter.
And Here Lies The Surprise: Depending On Who Receives The Vehicle, The Penalty Comes With A High Value, Points On The Owner’s Driver’s License, And, In Accidents, A Discussion That Can Go Beyond The Administrative Field And Turn Into Legal Headaches For More Than One Person.
When Handing Over The Vehicle Becomes An Infraction, Even If You Don’t Drive
In Daily Life, “Lending The Car” Seems Like A Simple, Almost Automatic Gesture: You Trust The Person, Hand Over The Keys, And That’s It. However, The CTB Sees Something Beyond Trust: It Assesses Whether Handing Over The Vehicle Poses A Risk To Traffic By Allowing Someone Without Legal Or Technical Conditions To Take The Wheel.
-
While the industry rushes towards automation, Omoda & Jaecoo bets on technology with a human touch and reveals its global mobility plan for 2026.
-
In just 1 year, JAECOO surpasses 7,000 units of the J5 EV delivered in Indonesia and consolidates trust in the Asian market.
-
With awards in various countries, the Jaecoo 7 is establishing itself globally and accelerating the expansion of Omoda & Jaecoo in the hybrid SUV market.
-
5 cheapest used cars than a Honda CG 160 Titan 0 km, with options starting at R$ 13,000 for those who want to trade their motorcycle for a car and escape the rain, sun, and risks of riding.
This Directly Answers The “Who” In This Story: It’s Not Only The Driver Who Can Be Penalized. The Owner Who Hands Over The Vehicle Also Gets Involved, Because The Rule Is Based On The Understanding That Whoever Has Possession And Control Of The Asset Must Act Cautiously Before Allowing Another Person To Drive.
The Heaviest Penalty: R$ 880.41 And 7 Points When The Driver Cannot Drive
The Penalty That Scares The Most Is One That Many People Only Discover After Being Ticketed: A Fine Of R$ 880.41 And 7 Points When The Owner Hands Over The Vehicle To Someone Who Should Not Be Driving. This Happens, According To The Mentioned Provision, In Scenarios Such As The Driver Being Without A Driver’s License (Or Without A Permit To Drive, Or Without An ACC) Or Having Their Driver’s License Suspended Or Canceled.
Here Comes The “How Much” And The “Why” In A Very Clear Way: The Amount And Points Are High Because The Risk Is High. Handing Over A Vehicle To Someone Without A License, Or With Their Right To Drive Suspended Or Canceled, Is Seen As A Serious Breach Of The Duty Of Care, As It Puts A Driver Who Is Not Formally Allowed To Drive Into Traffic.
It’s Not Just “Without A Driver’s License”: Other Situations Where The Vehicle Owner Can Also Be Fined
The CTB Does Not Limit The Owner’s Punishment To Cases Of Total Absence Of A License. There Are A Set Of Situations Where Handing Over The Vehicle Can Lead To A Ticket, With Values Varying According To The Driver’s Irregularity. This Includes Issues Ranging From Category To Requirements And Restrictions Recorded On The License Itself.
In Practice, The Owner Can Be Penalized If They Hand Over The Vehicle To Someone With A Driver’s License Or A Permit Of A Different Category Than What Is Required For That Type Of Driving (Fine Of R$ 586.94). There Is Also Provision When The Driver’s License Has Been Expired For More Than 30 Days (Fine Of R$ 293.47).
There Are Situations Related To Restrictions And Requirements: Driving Without Corrective Lenses, Hearing Aids, Physical Prosthesis, Or Adaptations Of The Vehicle Imposed During The Granting Or Renewal Of The License (Fine Of R$ 293.47); Not Having Required Specialized Courses (Fine Of R$ 293.47); And Even When Licensed, The Person Is Not In Physical Or Mental Conditions To Drive Safely (Fine Of R$ 293.47).
Accident Changes The Severity Of The Problem: The STJ’s Understanding And The Detran-RS Alert
One Thing Is An Administrative Infraction, With Fines And Points. Another, Quite Different, Is What Can Happen When An Accident Involves The Handed Over Vehicle. According To The Mentioned STJ Jurisprudence, The Owner Can Be Held Objectively And Jointly Responsible For Accidents Caused By The Driver, Except In Situations Such As A Stolen Vehicle.
The Detran Of Rio Grande Do Sul Reinforces This Logic Of Responsibility By Alerting That, As A Vehicle Owner, The Responsibility Is Total Even When It Is Lent, And That Accident Victims Can Legally Pursue Both The Owner And The Driver.
In Other Words, Beyond “Where” This Applies, Which Is Within The Rules And Understandings Applicable To Traffic And Liability, The Central Message Stands: Handing Over The Vehicle Is Not Neutral, And It Can Have Consequences That Go Beyond The Fine.
How To Protect Yourself In Practice Before Handing Over The Vehicle
Since The Penalty Arises From The Act Of Handing Over The Vehicle, Prevention Starts Before The Key Changes Hands. The Most Basic Care Is To Confirm Whether The Person Is, In Fact, Licensed And In Good Standing, Which Includes Checking For A Valid Driver’s License, No Suspensions Or Cancellations, And Whether The Category Allows Driving That Type Of Vehicle.
It’s Also Important To Pay Attention To Less Obvious Situations, But Also Foreseen: Driver’s License Expired For More Than 30 Days, Driving Restrictions (Such As The Requirement For Corrective Lenses, Auxiliary Devices, Prosthetics, Or Adaptations Of The Vehicle) And Required Specialized Courses When Applicable.
And There Is A Delicate Point: Even When Licensed, The Person May Not Be In Physical Or Mental Condition To Drive Safely. In This Scenario, The Owner’s Caution In Assessing Whether That Driving Is Safe Is Not An Exaggeration, It’s Protection.
In The End, The “Catch” Is Not In A Hidden Fine Print, But In A Common Habit: Treating The Loan Of The Vehicle As Something Informal, When The CTB May See It As An Act With Its Own Weight.
The Fine Of R$ 880.41 And The 7 Points Do Not Depend On You Driving, And In Case Of An Accident, The Discussion May Broaden Based On The STJ Understanding Mentioned And The Detran-RS Alert.
To Make This Very Real: Do You Have Any Ritual Before Lending Your Vehicle (Checking License, Validity, Category, And Restrictions), Or Do You Usually Trust “By Eye”? And If Someone From Your Family Asked For The Vehicle Today, What Would You Check First To Feel Safe?
Seja o primeiro a reagir!