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Bill 3509/24 Approved by the CCJ Amends the Brazilian Traffic Code, Creates § 12 in Art. 257, Sets a Deadline of 360 Days in Renainf and Exempts Buyers of Used Vehicles from Previous Fines After Property Transfer
The Constitutional and Justice Committee of the Chamber approved Bill 3509/24, which amends the Brazilian Traffic Code to exempt buyers of used cars from paying fines incurred by the previous owner recorded after the transfer, with conclusive processing and submission to the Senate.
The Constitutional and Justice Committee approved the text that modifies rules of the Brazilian Traffic Code to define responsibility for penalties applied to transferred vehicles, establishing that fines incurred by the previous owner that are recorded late do not fall on the new owner.
The approved proposal is authored by Representative Pedro Jr. (TO), currently a substitute, and received a favorable opinion from the rapporteur, Representative Laura Carneiro (PSD-RJ), who maintained adjustments made earlier by the Transportation and Traffic Commission.
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Direct Amendment to the Brazilian Traffic Code
The project amends Law No. 9,503, of September 23, 1997, which establishes the Brazilian Traffic Code, by including § 12 in Art. 257, specifically addressing responsibility for penalties after property transfer.
According to the approved text, traffic violations committed by the previous owner and recorded in the National Traffic Infraction Registry, Renainf, after the effective transfer, will no longer be attributed to the vehicle.
These penalties will be exclusively linked to the record of the actual offender, freeing the new owner from any obligation related to fines they did not commit.
The measure aims to resolve recurring situations faced during vehicle buying and selling processes, especially when penalties are recorded late by state or district traffic authorities.
In the case of vehicle property transfer, penalties arising from traffic violations attributed to the previous owner and eventually recorded in the Renainf after the effective transfer to the State or Federal District traffic authority will be disassociated from the vehicle and, consequently, from the new owner, remaining linked to the record of the actual offender.”
360-Day Deadline Functioning in Renainf
The project text details that, according to § 6 of Art. 282 of the Brazilian Traffic Code, the traffic authority has up to 360 days, counted from the date of the infraction, to record the penalty in the Renainf.
This deadline applies especially when there is a preliminary defense submitted by the driver, which may delay the judgment and the subsequent recording of the fine in the national system.
If the vehicle is sold within this interval of up to 360 days, it may happen that the infraction is not yet recorded in the Renainf at the time of property transfer.
In these circumstances, neither the seller nor the buyer are aware of the pending infraction, and the transfer occurs without formal impediments at the responsible traffic authority.
Practical Issues in Used Vehicle Transfers
The proposal describes that difficulties arise later, usually when the new owner tries to license the vehicle in the following year or decides to resell it before that.
At this point, the penalty appears unexpectedly in the vehicle’s record, causing doubts about who should bear the fine, creating administrative and legal conflicts.
The situation is even more complex when the sale occurs through used car dealerships, which introduce a third party into the relationship between buyer and seller.
In several cases, the previous owner absolves themselves of responsibility, claiming that all amounts owed were settled at the time of the commercial transaction.
Disassociation of the Penalty from the Vehicle
To address this recurring conflict, the project expressly states that the penalty should be disassociated from the vehicle when it refers to violations committed before the property transfer.
With the new rule, the fine no longer follows the vehicle’s history and is integrated only into the record of the offender responsible for driving at the time of the violation.
This change aims to prevent good-faith buyers from being surprised by penalties they did not commit and of which they were unaware at the time of acquisition.
According to rapporteur Laura Carneiro, the proposal aligns the Brazilian Traffic Code with a more appropriate logic of individual responsibility of the offender.
Leasing, Renting, and Fiduciary Alienation Cases
The approved text also addresses specific situations involving leasing, financial leasing, and financing with vehicle collateral, known as fiduciary alienation.
In these cases, the fines should be charged to the person who actually used the vehicle, regardless of who is formally listed as the owner in the registry.
The inclusion of these scenarios results from adjustments made earlier by the Transportation and Traffic Commission, subsequently maintained by the CCJ during constitutional and legal analysis.
The rapporteur also made corrections to legislative technique in the text, without altering the merits of the proposal approved by parliamentarians.
Conclusive Processing
Bill 3509/24 is being processed in a conclusive manner in the Chamber of Deputies, meaning it does not need to be voted on in the Plenary, unless there is a specific request.
With the approval in the CCJ, the proposal now moves on to analysis by the Federal Senate, where it must be approved to become law.
Only after approval by senators and presidential sanction can the text come into effect, as provided for by the Brazilian legislative process.
According to Art. 3 of the project, the law will take effect after 360 days from its official publication, creating an adaptation period for traffic authorities.
Objective of Reducing Recurring Conflicts
The text of the project highlights that unpleasant situations faced by buyers and sellers during vehicle transfers due to late-recorded fines are not uncommon.
These conflicts tend to generate wear and tear between the parties involved, as well as delays in licensing and difficulties in reselling the vehicle.
By expressly assigning responsibility to the previous owner, the project aims to eliminate ambiguities and reduce administrative litigation related to prior infractions.
The measure also seeks to make traffic processes simpler, clearer, and more predictable for citizens and businesses involved in the trade of used vehicles.
Alignment with Principles of the Offender’s Record
By disassociating the penalty from the vehicle, the proposal reinforces the principle that the infraction should be associated with the conduct of the offender, not the registered asset.
The driver’s record will concentrate the responsibility for fines, preventing third parties from being penalized for acts they did not commit.
This adjustment is presented as a way to improve the coherence of the Brazilian traffic system, respecting the individualization of penalties.
The rapporteur emphasized that the adjustments maintain the merits of the project and only refine its wording to ensure legal security and proper application.
Additional Information on Approval
The approval in the CCJ took place following the recommendation of rapporteur Laura Carneiro, with full maintenance of the changes made in the previous phase of processing.
The representative emphasized that the adjustments in legislative technique did not alter the central content of the proposal, only adapting the wording to legal standards.
The initiative was presented as a response to a concrete and recurring problem faced by citizens throughout the country during used vehicle transactions.
Information about the processing and content of the project was provided by the Chamber News Agency, responsible for the official coverage of legislative work.
With the completion of this stage, the project now awaits analysis by the senators, a necessary step for the change in the Brazilian Traffic Code to be effectively implemented.
O sistema não perde , vamos aguardar o que virá !!!!
Iniciativa muito boa, mas se todas as multas fossem relacionadas ao CPF seria muito melhor, infelizmente as multas demoram normalmente 06 anos para serem julgadas, obrigando o proprietário a paga-las caso resolva nesse período vender o veículo, infelizmente é um tempo exacerbado.