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Bill Under Review in Congress Proposes Toughening Penalties for Dangerous Overtaking, with Higher Fines, Extended Suspension of Driver’s License, and Restrictions on Driving on Highways, Directly Affecting Professional Drivers and Repeat Offenders.
The Chamber of Deputies is reviewing a bill that toughens penalties for dangerous overtaking.
The PL 1405/2024 proposes a fine of R$ 2,934.70, suspension of the right to drive for 12 months, with double suspension in the case of recurrence within one year (reaching 24 months), in addition to the possibility of prohibition from driving on highways for at least two years for those who are punished.
The proposal is still in Congress and is not yet in effect.
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Proposed Changes to the Traffic Code
The text creates a specific infraction for “reckless driving” and for dangerous overtaking that causes or threatens to cause serious accidents, equating it to the penalties for “street racing” in the Traffic Code.
The fine is ten times the base value of the serious infraction (R$ 293.47), totaling R$ 2,934.70, with 12 months suspension and seven points.
If there is recurrence within 12 months, the suspension is doubled.
The substitute approved by the Commission of Transportation and Transport (CVT) adjusts the wording to fit the new conduct into the existing structure of the code.
Impact on Professional Drivers
The additional restriction proposed — prohibiting the punished driver from driving on highways and roads for at least two years — is expected to particularly affect professionals who rely on intermunicipal and federal roads, such as truck drivers and app drivers operating on intercity trips.
This prohibition is described in the justification and notes from the Chamber Agency regarding the bill.
Progress of PL 1405/2024
After months of ups and downs in the agenda, the CVT approved, on September 24, 2025, the report from the rapporteur with a substitute.
On October 2, 2025, the proposal was forwarded to the Committee on Constitution, Justice, and Citizenship (CCJC), where it awaits designation of a rapporteur for conclusive analysis.
If approved by the CCJC, it goes to the Senate.
There is still no date for enforcement, as the measure depends on approval in both Houses and presidential sanction.
What is Already in Effect in the Traffic Code
Even before any changes, the Traffic Code already punishes risky maneuvers severely.
Overtaking in prohibited locations (such as in a solid line, bridges, curves, or where visibility is impaired) constitutes a serious infraction with a multiplier factor of 5, a fine of R$ 1,467.35, and 7 points (article 203).
Forcing passage between vehicles going in opposite directions is even more serious: multiplier factor of 10, fine of R$ 2,934.70, and suspension of the right to drive (article 191).
The Federal Highway Police and legal compilations of the Traffic Code confirm the values and penalties currently in force.
Legal Grounds for Penalties
The provision for automatic suspension in article 191 and the multipliers in article 203 stem from amendments introduced by Law 12,971/2014.
This law raised sanctions for behaviors associated with head-on collisions and loss of control on highways.
The available technical references from the Traffic Code consolidate this interpretation and detail the classifications.
Numbers of Infractions and Accidents
Traffic authorities indicate that improper overtaking is among the leading causes of serious collisions.
In public reports, the Federal Highway Police stated that speeding and prohibited overtaking accounted for nearly half of the infractions recorded on federal highways between January and August 2023, in a total of nearly 3.5 million citations during this period.
For the annual report, the agency released 3,036,714 speed fines and 308,701 for improper overtaking in 2023 on federal highways.
Senatran Replaces the Old Denatran
National statistical reports and yearbooks have been assigned to the National Traffic Secretariat (Senatran), which replaced the old Denatran in September 2021, by federal decree.
Expectations with the Proposal
The justification for the bill states that tightening penalties should serve as a deterrent for risky behaviors, especially on highways.
According to the rapporteur in the Commission of Transportation, the expectation of suspension of up to 24 months in the case of recurrence and the prohibition from driving on highways reinforce the seriousness of the infraction and aim to reduce the recurrence of the behavior.
Challenges in Applying the Law
Traffic safety experts emphasize that punitive measures need to be accompanied by efficient enforcement and education in traffic.
They highlight that, without adequate monitoring technology and awareness campaigns, the legal change may have limited reach.
This assessment is recurring in analyses from agencies and entities linked to the area.
What Still Needs to Be Monitored
As the PL 1405/2024 continues to progress, drivers should remain attentive to the current rules of the Traffic Code, which already provide for high fines and suspension for improper overtaking.
The next step will be the analysis of the bill by the CCJC, responsible for verifying its constitutionality and legislative technique, before sending it to the Senate.
What, in your opinion, could have a greater impact on reducing prohibited overtaking on highways: stricter penalties, electronic monitoring, or ongoing educational campaigns?
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