New Traffic Law in the Area: Violation Situations Have Fines That Are No Longer Linked to the Car!

Objective and Application of the Bill

The main objective of PL 5733/23 is to establish clear criteria for when traffic violations should be disassociated from the vehicle. According to the text of the bill, the disassociation will occur in specific situations, such as:

• Rental Cars: When the car is rented, and therefore, the fine should be associated with the rental company and not the vehicle.
• Violations by Third Parties: Fines incurred by individuals or companies that do not own the vehicle, such as shippers or carriers.
• Transfer of the Vehicle: In cases of seizure, judicial confiscation, auction after being impounded, or donation to the public administration.

Even with the disassociation, violations continue to be processed normally until the end of the administrative ruling and the application of the corresponding penalties. All notifications and charges will be directed to the individual or legal entity responsible specified at the time of disassociation.

Changes Proposed by the Reporter

The reporter of the bill, Congressman Hugo Leal (PSD-RJ), presented two important modifications to the original text of the PL:

1. Removal of CNH Restriction: The first change removes the restriction that prevented delinquent drivers from obtaining, renewing, or changing the category of their National Driver’s License (CNH). This aims to facilitate the process for drivers with outstanding fines.

2. Removal of Reattribution Clause to Rental Company: The second change eliminates the clause that allowed the reattribution of the violation to the rental company if it provided another vehicle to a driver with debts.

These changes aim to make the process fairer and less restrictive for drivers and rental companies.

Next Steps for Approval of the Law

After the modifications proposed by the reporter, PL 5733/23 will proceed to the Commission of Constitution and Justice and Citizenship, where it will be examined in a conclusive process. To become law, the project still needs to be approved by the Senate and officially sanctioned.

The proposal represents a significant change in how traffic violations are handled in Brazil, especially for vehicles that are no longer under the ownership of the original owner or in cases of rented vehicles. If approved, PL 5733/23 could offer more flexibility and fairness in the administration of traffic fines.

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