Proposals Under Discussion Address The Possibility Of Toll Exemption For Elderly Drivers In Brazil, But No Measure Has Been Approved So Far. Understand What The Legislation Says, What Is Under Analysis And What The Current Penalties Are.
Currently, there is no federal law that exempts elderly people from paying tolls on Brazilian highways.
All drivers — including those aged 60 or older — must pay the toll according to the type of vehicle.
However, the issue is the subject of bills that are being processed in the National Congress and seek to change this rule.
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Current Situation On The Highways
According to the Statute of the Elderly, citizens aged 60 or older have the right to free public urban transport and discounts on inter-state travel.
The text, however, does not include tolls among the benefits.
For this reason, concessionaires and public agencies responsible for managing the roads continue to charge the usual fee.
According to traffic law experts, as long as there is no specific legislation, payment is mandatory on federal, state, and municipal highways.
The Brazilian Traffic Code (CTB) establishes in Article 209 that failing to pay a toll is a serious infraction, subject to a fine of R$ 195.23 and five points on the National Driver’s License (CNH).
The amount of the fine does not replace the fare: the toll amount remains due to the road operator, as advised by traffic authorities.
Bills On Toll Exemption For Elderly Drivers
The discussion about a possible toll exemption for the elderly on highways is not new.
Among the bills presented is the PL 6886/2010, proposed by then-deputy Luiz Carlos Hauly (PSDB-PR), which proposes to exempt the fee for drivers over 60 years old when driving their own vehicle on federal highways.
The proposal was attached to PL 3068/2004 and is still awaiting final analysis in the Chamber of Deputies.
Another initiative, PL 5175/2013, authored by former deputy Sergio Zveiter (PSD-RJ), sought to amend the Statute of the Elderly to guarantee exemption for drivers aged 65 or older.
The text was analyzed by the Urban Development Commission, which issued a report recommending rejection.
Subsequently, the bill was archived.
In 2023, deputy Max Lemos (Solidariedade-RJ) presented PL 518/2023, which proposes the benefit for elderly people over 70 years old and for people with disabilities, as well as accompanying drivers of individuals with visual, severe intellectual, profound disabilities or with Autism Spectrum Disorder (ASD).
The text was attached to PL 594/2019 and is still awaiting a report in the Committee on Constitution, Justice and Citizenship (CCJC).
According to the Chamber of Deputies, none of these proposals have been approved so far.
State Laws And Judicial Decisions On Exemptions
Although there is no federal regulation, some states have already analyzed measures aimed at toll exemptions for people with disabilities (PWD).
In 2025, the Supreme Federal Court (STF) confirmed the constitutionality of a state law granting this benefit, reinforcing that federal units can legislate on the subject, provided they respect concession contracts.
Public law experts assert that, by analogy, a state law could create a similar rule for the elderly, but its scope would be limited to the state’s territory and would not have national validity.
So far, there is no record of state law or judicial decision granting free access to elderly people specifically.
Penalties And Consequences Of Failing To Pay Tolls
Drivers passing through toll booths without paying the fee are subject to the penalties provided for in the CTB.
In cases of evasion, the fine is applied and the amount owed to the road operator remains unpaid.
In automatic passage systems — such as the free flow adopted on some highways — the driver must make the payment within the specified timeframe.
If this does not occur, the infraction is registered by the system and the amount is charged later, according to the rules of the National Land Transport Agency (ANTT).
Why The Issue Raises Questions Among Elderly Drivers
According to public policy analysts and road sector agencies, the question of exemption for the elderly often arises when new bills are presented and gain traction on social media.
The disclosure of proposals still at an initial stage, without clarification on the status of the legislative process, contributes to the misleading impression that free access has already been approved.
While Congress does not conclude its analysis, the prevailing understanding among legal scholars and regulatory agencies is that all drivers must pay toll fees, without exceptions based on age.
Outlook And Next Steps In Congress
For any proposal to become law, the text must be approved in thematic committees, in the Chamber and Senate Plenary, and then sanctioned by the President of the Republic.
Until this happens, the toll exemption for the elderly remains only a legislative suggestion.
Experts evaluate that, if the benefit is approved, it will be necessary to define criteria for financial compensation to the concessionaires and control mechanisms to prevent fraud, in order to maintain the balance of concession contracts.
In light of ongoing discussions, one question remains: what should be the fairest and most viable model to balance the rights of the elderly and the economic sustainability of granted highways?

Enquanto isso, a Janja fica gastando nosso dinheiro, fazendo compras milionárias, Lula **** fazendo seu papel, alimentando o esquema que está a mais 2 décadas, enquanto o povo brasileiro não tomar vergonha cara, aprender a votar direito, não se vender, não vamos dá Air dessa, vamos ser massacrados pelo comunismo que está invadindo o Brasil, e hora Brasil acordar.
Enquanto isso, a Janja fica gastando nosso dinheiro, fazendo compras milionárias, Lula **** fazendo seu papel, alimentando o esquema que está a mais 2 décadas, enquanto o povo brasileiro não tomar vergonha cara, aprender a votar direito, não se vender, não vamos dá Air dessa, vamos ser massacrados pelo comunismo que está invadindo o Brasil, e hora Brasil acordar.
Complementando o comentário do warth, VSFD e VTNC todos os deputados , chupins do dinheiro público , escória da espécie humana , câncer da sociedade , políticos são todos interesseiros , legislam pensando em si e nos familiares .
Bando de **** !
O Congresso Nacional não aprova esse projeto nunca. CONGRESSO NACIONAL VERGONHA INTERNACIONAL!! vão todos a **** que os pariu!!! Bando de ****!