Types of infractions
• Take –3 points – BRL 88.38.
Infractions such as parking the vehicle on the shoulder (art. 181, VII); stop the vehicle at the crosswalk (art. 182, VI); use the horn in disagreement with the rules established by CONTRAN (art. 227, V).
• Average –4 points – BRL 130.16.
Infractions such as throwing a vehicle or leaving objects or substances on the road (art. 172); park the vehicle in the contraction of the steering (art. 182, IX); not changing lanes in advance to double (art. 197).
• Record – 5 points – BRL 195.23.
Infractions such asparking the vehicle in a double row (art. 181, XI); failing to give preference to pedestrians when crossing has started (art. 214, IV); drive people, animals or cargo on the outside of the vehicle (art. 235).
• Very serious – 7 points – BRL 295.47.
Infractions:make a false declaration of domicile for registration, licensing or qualification purposes (art. 242); disrupt the road with a vehicle (art. 253); driving a vehicle with a revoked or suspended driver’s license (art. 162, II).
Consultation of the points on the CNH
You can check the number of points on your CNH by consulting the DETRAN where your CNH was registered.
See, below, how to query CNH points.
• You can go to the nearest Detran post, on the spot, take your CNH.
• A family member can carry out the consultation provided they have a copy of their driver’s license and proof of kinship;
• Through the website of the Detran of your state, it is possible to carry out the consultation;
• Check if your state’s Detran provides the Autocheck application that allows you to carry out this verification.
How are points distributed on the CNH?
When committing an infraction, the penalty and the score are forwarded to the owner of the vehicle and if the owner is not responsible, the driver must be informed.
In the Notification of Acting for Violation document, there is a space for “Identification of the Offending Driver” and the user must follow the deadline for noting and inform the CPF number and CNH of the person responsible. J
You must have attached to the Driver Identification Form, legible copies of the driver’s CNH and identification document.
Can the driver appeal?
Upon receiving the infraction, you will be able to defend it through the Prior Defense and if there is no approval, you can file an appeal with the Administrative Board of Infraction Appeal (JARI).
If no other alternative is accepted, it is necessary to appeal to the second instance, at the State Traffic Council (CETRAN).
How to consult points on the CNH?
We have already seen in the article how points are accumulated in the driver’s license document.
But how to consult them?
Carrying out a consultation is simple, since the steps are all online, so let’s see what they are:
• Go to your state’s DETRAN website and go to the “Habilitation” tab;
• On the tab, select the option ” Consult score”on CNH”;
• Choose the type of CNH (new or old) and enter the necessary data, namely;
• Once filled in, click on “search” and then you will be informed of how many points you have accumulated on your CNH;
• Another way to check the points on the CNH is using the DETRANAutocheck application. This service is already available in the following states: São Paulo, Minas Gerais. Paraná, Rio Grande do Sul, Pernambuco and Bahia and to use it, just download it to your smartphone and follow the steps indicated.
Here is an important tip to monitor the situation of your CNH: Download the application to check your CNH digital!
How to avoid the accumulation of fines and points on the CNH?
As we have seen, the points and fines on the CNH are generated when you, the driver, commit a traffic violation, right?
Therefore, the safest way to avoid accumulating points on your driver’s license is to travel in accordance with the traffic regulations in force in our country.
After all, if you don’t commit any infraction, you won’t have reason to be penalized and, therefore, points shouldn’t be generated on your CNH.
However, we know that, as a driver, there are many responsibilities and precautions that we must take, which include driving rules and also other rules, such as keeping your vehicle documentation up to date.
Understand now how to deal with the points and fines on your CNH, in addition to what you need to do if you receive some of these.
You, as the driver of the vehicle, are responsible for the violations committed and if you cannot identify yourself at the time of the violation, your vehicle will receive a notification of the assessment at your address.
If you do not present the driver on the day of the violation within a period of 15 days, counting from the receipt of the assessment, you will be considered responsible for the violation.
If the owner is a legal entity, the value of the original fine will be maintained and a new fine will be drawn up, where the value will be multiplied by the number of times the infraction was committed within 12 months, so be very careful!
CNH Fine Appeal
• 1st Instance, being a prior defense, where the appeal must be presented to the Tax Authority (included as the sender of the Notification), within 30 days counting from the act or receipt of the Notification.
• 2nd Instance occurs when the Prior Defense has not been carried out, or if it is rejected, the offender will receive a Penalty Imposition, which he will be able to defend with JARI – Administrative Board of Infraction Appeals, of the same traffic authority, until the date shown on the Tax document.
• 3rd Instance takes place when you have your appeal denied by JARI, the offender may still appeal to CETRAN – State Traffic Council. To do so, you must collect the fine in advance, the amount of which will be refunded if approved.
If you choose not to present a prior defense or appeal, acknowledging the commission of the infraction, you may pay the fine for 60% (sixty percent) of its value, at any stage of the process, until the fine expires, through the Electronic Notification System.
The purpose of this article is not to carry out a rigorous legal analysis, but to raise awareness, inform and alert you to the possible criminal implications of your actions.
Traffic crimes are contained in Chapter 19 of the CTB, in the Penal Code, in the Criminal Procedure Code and in Law 9.099 of 26.09.95.
• Committing culpable homicide (unintentional – Art.302);
• Practice culpable bodily harm (unintentional – Art.303);
• The CTB provides for penalties and even imprisonment for those who cause injuries to another person, in traffic, even if they had no intention;
• Fail to provide immediate help or leave the place to escape civil or criminal responsibility (Art.304 and 305). Attention: it will be considered a crime even if the victim is already dead or if the care has been provided by someone else. (Art.304);
• Driving under the influence of alcohol or substances with similar effects (Art. 306);
• Participating in unauthorized cracks or competitions. (Art.308);
• Driving at speeds that are incompatible with safety and local conditions. (Art.311).
They are considered intentional crimes (Criminal Code), which the driver had the intention, or at least knew that his acts could have serious and harmful consequences, so they are more severe, and provide for more severe penalties and penalties.
We can classify as intentional crimes to drive or allow someone to drive without being licensed; with the license suspended or revoked; intoxicated or physically and mentally unable to drive safely.
(Art.309 – 310).
Another situation that can be considered a felony is to provide erroneous information to police or traffic agents, about any aspect of an occurrence (Art.312).
Can I appeal a fine?
Yes. It is possible to appeal against a fine, preventing the points from being activated in your medical record.
For this purpose, the notification received must include the due deadlines and place to proceed with the appeal or revision of the act.
It is essential that youpresent in your appeal the arguments (reasons) why you understand that you should not be penalized and if your argument is approved (granted), the fine may be canceled and, consequently, the points will no longer be computed in your medical record.
In which cases can I transfer the CNH score?
It is possible to transfer the score in cases where the driver is not identified at the time of the infraction.
In this case,the legislation will determine the vehicle owner to follow certain procedures that we will see in more detail below:
• In fact, this expression “transfer of CNH points” does not appear in the traffic legislation.
• What happens is the identification of the offending driver, in cases where the violation is the driver’s responsibility, and he was not approached and identified at the time of the assessment.
• In these cases, the notification of action for a traffic violation will be sent to the address of the vehicle owner, within a maximum period of 30 days, from the date of the violation, informing him that a traffic violation has been committed with his vehicle and if the violation was not committed by him, the driver responsible for committing the violation must be identified within 15 days.
• Then, as long as the traffic agency approves the identification, the points corresponding to the offense committedwill be transferred to the driver’s record.
• But remember, even after indicating the offending driver, the responsibility for paying the fine remains with the owner of the
• CONTRAN Resolution 619/2017 establishes how the driver must be identified.
Let’s see the correct way to indicate the offending driver
The Notification of the Assessment will need to be accompanied by the Driver Identification Form and must be delivered to the transit agency, with the
• Identification of the transit agency responsible for the assessment;
• Verification of the offending driver: name and registration numbers of the driver’s license, identification and CPF documents;
• Signature of the vehicle owner;
• Signature of the offending driver;
• Vehicle license plate and traffic violation notice number;
• Date of the end of the period for identifying the offending driver and filing the defense of the assessment;
• Explanation of the consequences of not identifying the offending driver;
• Instruction for the Offending Driver Identification Form to be accompanied by a legible copy of the offending driver’s driver’s license document and the vehicle owner’s identification document or his legal representative, which, in this case, must attach a document confirming the representation;
• Clarification that the indication of the offending driver will only be accepted and will produce legal effects if the driver’s identification form is perfectly completed, without erasures, with original signatures of the driver and the owner of the vehicle and accompanied by a legible copy of the documents listed in the previous item;
• Address for delivery of the Offending Driver Identification Form; and,
• Elucidation of responsibility in the criminal, civil and administrative spheres, for the veracity of the information and documents provided.
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