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The Rule Penalizes with Heavy Fines and Seven Points the Driver Who Engages in Paid Activities Without the “EAR” Note on Their Driver’s License.
The fine for drivers who work in the transportation of people or goods but do not have the “Exercises Paid Activity” (EAR) registration on their driver’s license is already in effect. The infraction, classified as very serious, costs R$ 293.47 and adds seven points to the license, according to updates from the Brazilian Traffic Inspection Manual.
This measure corrects a historical gap: previously, although article 147 of the Brazilian Traffic Code required the paid activity to be noted on the license, there was no penalty provided for those who failed to comply with the rule. Now, a driver caught working without the registration may be fined, which increases the responsibility of professional drivers.
What Changes in Practice
The requirement applies to any driver who engages in paid transportation, whether of people (such as app drivers, taxi drivers, and school drivers) or goods (such as delivery riders, truck drivers, and couriers).
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Inspections now regard the absence of “EAR” on the driver’s license as an autonomous infraction, even if the vehicle is compliant.
The classification falls under items VII and VIII of article 231 of the Brazilian Traffic Code, which address unlicensed transportation.
The new item added specifies that the agent can fine the driver when they find the exercise of paid transportation without the “EAR” information in the National Drivers Register (Renach).
In other words, if the driver is working and their driver’s license does not reflect the paid activity, they may be fined, even if they have a compliant vehicle, proper documentation, and authorization from the app or company.
Why “EAR” is Mandatory
The acronym EAR – Exercises Paid Activity indicates that the driver has undergone an additional psychotechnical examination, which is mandatory for those who drive professionally.
This test assesses attention, emotional control, and stress resistance, essential factors for those who drive long hours or transport passengers.
The registration also allows the driver to accumulate fewer points before having their driver’s license suspended: drivers with EAR can reach up to 40 points, even with serious infractions, without losing the right to drive as long as they do not commit a very serious infraction.
Additionally, EAR is a prerequisite for various activities, such as school transportation, motorcycle delivery, and mobility apps.
How to Include “EAR” on the Driver’s License
To regularize the situation, the driver must request the inclusion of EAR with the Detran, a process that requires:
- online scheduling (service “inclusion of paid activity”);
- specific psychological examination, conducted at an accredited clinic;
- payment of an administrative fee;
- issuance of a new driver’s license, with the observation printed.
The process is quick and generally takes 3 to 10 business days, depending on the state.
Those who are in the provisional driver’s license (PPD) phase can also request the inclusion without having to wait for the definitive driver’s license.
Possible Infractions and Classifications
The new classification creates two distinct situations, both of which are very serious and incur a fine of R$ 293.47:
- Transporting people without the registered “EAR”, even if the driver has authorization from the app;
- Transporting goods or deliveries (such as delivery riders and independent transporters) without registration on the driver’s license.
In both cases, the agent may issue an infraction report if they determine that the driver is receiving payment for the activity.
The infraction is autonomous and does not depend on any other irregularity, such as lack of a license or expired documents.
Education and Enforcement: Focus on Road Safety
The inclusion of the penalty addresses a long-standing demand from traffic authorities, who seek to standardize the conduct of professional drivers.
Tighter enforcement aims to increase safety and ensure that those who work driving have a psychological profile and training compatible with the responsibilities of the role.
Moreover, the formal control of EAR facilitates audits of apps, transport companies, and cooperatives, which must hire only drivers with the active observation on their documents.
The new fine for drivers without “EAR” on their driver’s license changes the relationship between profession and responsibility on the road. The registration, which was previously viewed as a mere formality, now represents a legal and safety requirement.
Do you agree that the absence of “EAR” should result in a fine, or do you think the measure is excessive for those just supplementing their income by driving? Share your opinion in the comments.
Não concordo pq uma pessoa recém.habilitada só pq ten o Ear na carteira ele não pode ser considerado um profissional tem várias pessoas com 30 anos ou mais de experiência senão conseguir tirar o ear não é profissional só por Deus o q mamando e a experiência é não simplesmente uma sigla n cnh
E um bom começo, se realmente houver fiscalização, porém tem muito mais itens a serem verificado.
Olá!…na minha opinião está certo essa medida..nós profissional na hora de renovar a CNH temos que fazer exames toxicológico e psicotécnico… pagamos por esses exames…aí o cidadão só porque é habilitado..sai dirigindo por aí na boa…sem experiência nenhuma como profissional.