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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 Rule Update Has Caused Concern Among Drivers, Who Need to Be Extra Careful to Avoid Penalties That Can Compromise Their Right to Operate Vehicles.
Recently, Brazilian traffic laws underwent significant changes aimed at toughening penalties and reducing dangerous practices on the roads. With the new traffic law, drivers who commit serious infractions face a fine of R$ 2,934.70, in addition to the immediate suspension of their right to drive. This legislative update, which already causes apprehension among drivers, primarily targets those participating in illegal street racing, 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 participating in races or skill demonstrations on public roads. These infractions, considered serious, can result in the multiplication of the fine in cases of repeat offenses, making this new law a real nightmare for reckless drivers.
The Main Infractions Leading to 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 limit of 20 points on their National Driver’s License (CNH). The immediate suspension of the right to drive is one of the most feared consequences, and some infractions leading to this penalty include:
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1. Participate in Unauthorized Races or Competitions (Art. 174) (Updated in 2023)
This extremely dangerous infraction is considered serious. Drivers who participate in races face a fine of R$ 2,934.70 and the immediate suspension of their right to drive. According to the new traffic law, repeat offenses can result in the multiplication of the fine, further increasing the amount to be paid by offenders.
2. Promote or Participate in Competition or Skill Demonstration (Art. 174)
Another infraction that can lead to immediate suspension of the right to drive is participating in competitions or skill demonstrations. This type of behavior is considered very serious, and the fine of R$ 2,934.70 is applied immediately, in addition to the seizure and removal of the vehicle. As with illegal racing, repeat offenses can also result in harsher penalties.
3. Compete in a Race Out of Rivalry (Art. 173)
Engaging in illegal races out of rivalry, the infamous “racha,” is one of the most common infractions among youth, especially in urban areas. The new traffic law imposes a fine of R$ 2,934.70, vehicle seizure, and immediate suspension of the right to drive for those involved. This practice not only puts the drivers themselves at risk but also pedestrians and other motorists.
4. Perform Dangerous Maneuvers, Such as Skidding and Sudden Braking (Art. 175):
Dangerous maneuvers, such as speeding, skidding, and sudden braking, are also included in the list of serious infractions that can lead to immediate suspension of the right to drive. A fine of R$ 2,934.70 is imposed, and the vehicle may be removed, depending on the severity of the infraction. The new traffic law is clear in imposing severe penalties for these behaviors, which endanger everyone’s safety.
The new law is an update from 2023: Participate in Unauthorized Race or Competition (Art. 174) – Infraction: Serious – Penalty: Fine of R$ 2,934.70 and immediate suspension of the right to drive.
The law was updated in 2023 with Strengthening of the penalty with the possibility of multiplying the fine in cases of repeat offenses. In other words, now the fine can reach nearly R$ 6,000!
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 could result in the immediate suspension of their right to drive. However, it is possible to appeal these penalties, provided that 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 the notification of suspension of the right to drive, the driver has a minimum period of 30 days to present their defense. If the defense is denied, the offender can appeal to the Administrative Board of Traffic Infraction Appeals (JARI) in the first instance. If the appeal is denied again, it is possible to appeal to the State Traffic Council (CETRAN) in the second instance.
During the appeal process, the driver can still continue to drive until all instances are judged. However, if the appeal is denied at all stages and the offender continues to drive, they run the risk of having their CNH revoked, an even harsher penalty.
Procedures for Appealing the Fine and Suspension
When a driver is notified of an infraction resulting in a fine and immediate suspension of the right to drive, it is essential to follow some steps to ensure that their appeal is valid. The appeal must be submitted to the responsible authority within the stipulated period and can be delivered in person or by mail. An important tip is to use the Receipt Notification (AR) service from the Post Office, which proves the delivery of the document within the correct timeframe.
Additionally, 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 establishes strict rules for traffic authorities, and any failure in the process may result in the cancellation of the penalty.
Impacts of the New Traffic Law for Drivers and the Increase in Fines
The new traffic law was created to toughen penalties and thereby reduce the incidence of serious infractions on Brazilian roads. The fine of R$ 2,934.70, combined with the immediate suspension of the right to drive, is a severe but necessary measure to punish behaviors that endanger public safety. Drivers who promote illegal races, competitions, or engage in dangerous maneuvers are the primary targets of these punishments, but the application of the new law serves as a warning to all motorists.
On the other hand, many drivers are still unaware of the details of the new traffic law and its implications. This results in some being caught off guard when committing infractions that lead to the direct suspension of their CNH. Thus, it is essential for all drivers to stay alert to the rules and avoid risky behaviors that may result in such severe penalties.
já que advertência não resolve e aplicar perda do direito de dirigir e corretíssimo.
Corretíssimo, com a multa e a suspenção imediata, provavelmente diminuiria os rachas nas vias públicas e, ao meu ver recolhimento do veículo seria tbm ideal, para esses casos. Isentivos pela prática de rachas deveriam ser proibidos tbm. Porquê não dão divulgados nos meios de comunicação?