Brazilian CNH - New Traffic Law 2021

To get your CNH - National Driver's License, any candidate to get it, faces a true marathon of challenges: mental and physical aptitude exam, psychological assessment, theoretical classes, practical classes and driving test. 

And once each of these phases has been faced and overcome and the document is in possession, can the driver then enter a comfort zone and remain calm forever?

The answer to this question is NO, after all, the driver's license is valid. 

There have been changes to several aspects of the CNH, as law No. 14,071/2020 of the Brazilian Traffic Code (CTB) was recently sanctioned.

It brought significant changes in several aspects, which we will see below. 

What's relevant about the new traffic law?

In October 2020, the President of the Republic, Jair Messias Bolsonaro, sanctioned the aforementioned law, changing not only its validity, but also other important points below:

• on the validity of the license: before the law it was 5 years (for people up to 65 years old) and 3 years (for people over 65 years old)
• in the points limit: before the law it was 20 points for the period of 12 months (regardless of the seriousness of the infractions) and drivers of categories C, D and E (who work in paid activity, which add up to between 14 and 19 points on the CNH ), in 12 months, must take a preventive recycling course
• in driver training: classes at night were mandatory and in cases of failure, the candidate waited 15 days to take a new theoretical or practical exam
• in the drug test: there was an obligation to renew the drug test for category C, D and E drivers. For drivers aged up to 65 years, renewal was mandatory every 2 years and 6 months. For drivers aged 65 or over, there was a mandatory renewal every 1 year and 6 months.
• possession of CNH: the driver was required to have it in his possession while driving the vehicle 
• transportation of children: in cars, children under 10 years old should be in the back seat and use the seat belt + child seat. For motorcycles it was forbidden to take children under 7 years old.
• written warning: it was always applied to those who committed light or medium infractions, as long as they were not repeat offenders within a 12-month period and its application always depended on an authorized traffic agent

In addition to the points listed above, we can find others with equal relevance, such as:

Electronic notification system, low beam on highways, headlights on for motorcycles, helmet without visor and protective glasses for motorcyclists.

And there's much more. The ideal for every driver who intends to stay in line and not lose the right to drive is to seek to know each of the changes in the new law in detail.

Check out the changes to some highlighted items. 

About the validity of the CNH - National Driver's License 

Here's the most significant change.

Drivers aged between 18 and 50 must take the physical and mental aptitude exam (at the examinee's place of residence or domicile) every 10 years.

For drivers aged between 50 and 69, the change in the law has no impact.

However, the mental and physical aptitude exam (to be carried out at the place of residence or domicile) must be renewed every 5 years.

And finally, for drivers who have a driver's license and are over 70 years of age, the validity period is 3 years for renewal of physical and mental fitness tests to be carried out at the place of domicile or residence.

About the CNH point limit and driver training

After the start of the new law, with regard to the license score, there will be 20 points in a period of 12 months if there are 2 or more very serious infractions;

There will be 30 points over a 12-month period if there is a very serious infraction.

40 points in a period of 12 months, in the absence of a very serious infraction, and 40 points in a period of 12 months, for drivers who perform paid work, who can take a refresher course whenever they reach 30 points.

In relation to driver training, night classes are no longer mandatory.

As a result, candidates seeking a driver's license no longer need to wait 15 days to take a new theoretical or practical exam.

What has changed about performing and mandatory drug testing

Significant changes have been made here, so it's a good idea to keep an eye on them.

The toxicological examination is mandatory for category changes and renewal of a driver's license whose category is: C, D and E. 

For drivers who are under 70 years old, the exam will be every 2 and a half years, regardless of the validity of other exams.

Those over 70 will take the test every 3 years, before renewing their driver's license. 

If the results are positive, the driver's license will be suspended for 3 months.

If the exam has not been carried out when renewing your driver's license, you will be fined very seriously (in the amount of R$1,467.35) and your right to drive will be suspended for 3 months.

Changes to Carrying Children and Written Warnings

For cars, the new law established that children up to 10 years old and less than 1.45m tall must be in the back seat, with a seat belt and a car seat.

Failure to comply with the rule will be a very serious offense and a fine of R$ 293.47.

For motorcycles, children under the age of 10 or those who cannot take care of their own safety cannot be transported on the back of a motorcycle.

Here the driver will receive a fine of R$293.47 and the right to drive will be suspended. In relation to written warnings applied to the driver's driver's license.

They will be received by drivers who commit light or medium infractions, but their application will no longer depend on the decision of the traffic authority.