It was promulgatedlaw 14,599/2023 which determines that the Ministry of Labor and Employment has 180 days to regulate the carrying out of toxicological tests for drivers in categories C, D and E, when obtaining or renewing a license. National driving license (CNH).
The new regulation comes after the veto on an article was overturned, which had already undergone changes in the Brazilian Traffic Code (CTB) since 2017, when the exam requirement was initially established.
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The sanction, signed by President Lula (PT), was published in the Official Gazette of the Union (DOU) this Monday (16).
The change in the law is an adaptation that has been debated in recent years, as toxicological testing had previously been suspended due to the Covid-19 pandemic.
Now, the Ministry of Labor and Employment has the task of regulating how such exams will be conducted, a process that must be completed within six months.
In June this year, the National Traffic Council (Contran) decided to resume the measure until December 28, after a review.
Previously, the deadline had been vetoed under the legal understanding that the regulation of the matter was already covered by other laws.
Previously, the Consolidation of Labor Laws (CLT) stipulated that exam expenses would be responsibility of the employer, while Law 9,503/1997 defined the rules for carrying out the exam toxicology.
(Image: disclosure)
Although previous legislation addressed obligations, it did not provide detailed guidelines regarding procedures related to the application, periodic inspection and registration of toxicological examination in processes and systems electronics.
With the revocation of part of the vetoes, the responsibility for establishing these procedures falls to the Ministry of Labor and Employment, filling the gaps in the previous regulations.
Verification of the consumption of psychoactive substances through toxicological tests is conducted based on samples of hair, hair or nails.
The results are issued within a maximum period of 90 days. According to the website of the National Traffic Secretariat (Senatran), the country currently has 17 networks of laboratories accredited to carry out the exam.
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