Upon approval by the Senate Plenary last week, a measure that includes several modifications to the Brazilian Traffic Code (CTB) is about to be implemented. MP 1.153/2022, authored by the Presidency of the Republic, proposes changes in several sections of the CTB established by Law 9,503/1997.
Approved as a Conversion Bill (PLV) 10/2023, the measure now awaits President Lula's (PT) sanction. Senator Giordano (MDB-SP) was the project's rapporteur and reported that 17 amendments were presented to the Senate Plenary, with only four being accepted. After all, what will the changes be?
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MP 1,153/2022 brings significant changes to the CTB, covering issues such as the attribution of competence to apply fines, obligatory drug tests for professional drivers and regulation of rest periods for truckers.
According to the approved text, the municipal bodies will have the exclusive power to supervise and prosecute several infractions, such as speeding, irregular stops, removal of abandoned vehicles or vehicles involved in accidents, irregular parking and others.
These changes promote a decentralization of inspection attributions and make municipal bodies responsible for applying sanctions in these circumstances.
In addition, according to MP 1,153/2022, the States and the Federal District will have the exclusive right to inspect and impose fines on infractions related to the non-completion of the toxicological exam by the drivers. Other infractions covered by this jurisdiction are the lack of vehicle registration and outdated registration.
For truck drivers, for example, the provisional measure establishes that they will be able to continue their journey without take the mandatory rest every five and a half hours when there are no stopping points available.
This flexibility will be applied in places where there is no adequate structure, such as stopping points for trucks or parking spaces that allow adequate rest for drivers.
This change seeks to provide more flexibility to truck drivers, considering situations in which the lack of adequate infrastructure for rest could compromise the efficiency and safety of transport operations of charge.
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