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Expert Explains How Third-Party Infractions Can Lead to CNH Suspension and What to Do to Protect Yourself Legally
The lawyer Érica Avallone, a specialist in Traffic Law, gives a direct alert to drivers: having a car in your name can lead to CNH suspension even if someone else is driving. The problem arises when the real driver commits infractions and the owner does not make the correct indication within the legal timeframe.
The topic gained prominence after Dr. Érica herself published a real case involving a client who had their CNH suspended for infractions committed by a friend and nearly lost their right to drive for two years. The episode illustrates a common and dangerous mistake: not formally transferring or indicating the main driver in the Denatran system.
Why Does CNH Suspension Happen Even If the Driver Is Not Driving?
When a car is registered in your name, all fines and infractions recorded will automatically go to your CNH, as provided by Article 257 of the Brazilian Traffic Code (CTB). This applies even if you were not driving at the time of the infraction.
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According to the lawyer, just the accumulation of 20 points or one severe infraction is enough for the Detran to open a suspension process. If, during this period, another infraction is committed, the owner still runs the risk of cancellation of the license. “The penalty is real and can happen to anyone who is careless about the use of their own vehicle,” explains Dr. Érica.
How to Protect Yourself from CNH Suspension Due to Third-Party Infractions?
The Brazilian legislation offers a simple and effective solution: indicate the main driver of the vehicle in the Renavam system. This functionality, provided for in Law 13.495/2017, allows all future infractions to be directed directly to the CPF and CNH of the person who actually uses the car.
The process is free and can be done via the Digital Traffic Wallet (CDT) app or on the Denatran Portal, simply by selecting the vehicle, entering the driver’s details, and waiting for validation. “It is a preventive measure that avoids future headaches, especially for those who lend or leave the car with relatives or employees,” warns the expert.
And What If There Is Already a Suspension or Revocation Process Underway?
In this case, the ideal is to immediately seek a traffic attorney, as there are still legal ways to defend yourself. Even if the deadline to indicate the driver has expired, it is possible to challenge the administrative process in court, based on the right to a broad defense and the inalienability of jurisdiction.
Furthermore, procedural errors, notification failures, or lack of clear evidence may annul the suspension or revocation process. Dr. Érica emphasizes that each case needs to be analyzed individually, paying attention to the history of infractions and the legality of the infractions.
What Do Official Bodies Say?
According to Article 257, §§ 2 and 3 of the CTB, the owner is responsible for the vehicle’s regularity, but only the driver is accountable for infractions committed while driving. The Detran-PR reinforces that, in case of infractions by third parties, it is the owner’s obligation to indicate the real driver to avoid points on the CNH improperly.
This guidance is also available on the government’s digital platforms, such as the Denatran Services Portal, which explains step by step how to formalize the indication of the main driver.
Did you know that you can lose your CNH for infractions committed by someone else? Have you indicated a driver for your car? Share in the comments or send your questions to our editorial team.
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