Retenção e Remoção Veículo, Recolhimento Documentos, Teste Alcoolemia, Recolhimento Animais

Summary

This script discusses administrative measures in traffic law, focusing on vehicle retention, removal, and the collection of driver's licenses and vehicle documents. It explains that vehicle retention involves keeping a vehicle at the site of an infraction until the issue is resolved or deemed unresolvable. Removal involves towing a vehicle to a designated area, typically for illegal parking, running out of fuel, or seizure. The script also covers the collection of documents suspected of being false or altered, expired driver's licenses, and the process of transshipping excess cargo. It concludes with the administrative measure of alcohol testing to ensure drivers are not under the influence of substances.

Takeaways

• 🚫 Vehicle Retention: Retention is an administrative measure where a vehicle is held at the location of an infraction until the issue is resolved or deemed unsolvable, allowing release with the vehicle's registration and licensing certificate.
• 🔄 Easy Resolution: In cases like a missing seatbelt, the vehicle is retained until the safety issue is fixed, such as putting on the seatbelt.
• 🚗 Vehicle Release: If a vehicle has a non-functioning seatbelt or none at all, it can be retained until the problem is resolved, which may involve repairs or adjustments.
• 🚛 Exceptions for Retention: Vehicles carrying dangerous or perishable goods and collective passenger transport vehicles are not retained to avoid causing further risks or damage to the environment and people.
• 🚚 Vehicle Removal: Removal involves towing a vehicle from its location to an authorized yard, typically when the vehicle is parked illegally, immobilized due to lack of fuel, or subject to seizure.
• 🅿️ 90% of Removals: Most removals, about 90%, occur due to illegal parking, emphasizing the importance of adhering to traffic laws to avoid such situations.
• 🔍 Distinction Between Measures: It is crucial to differentiate between vehicle seizure (a penalty where the vehicle is held in custody for 30 days and may be auctioned after 90), retention (an administrative measure to hold the vehicle on-site), and removal (an administrative measure to relocate the vehicle).
• 📜 Document Seizure: Seizure of documents like driver's licenses, vehicle registration, and annual licensing can occur if there is suspicion of falsification, alteration, or if the document is expired beyond the grace period.
• 🚔 Administrative Measures: Administrative measures such as vehicle retention and document seizure are not the same as penalties like vehicle seizure, which involves custody and potential auctioning.
• 🛑 Test for Sobriety: Conducting a sobriety test is an administrative measure to ensure that a driver is not under the influence of alcohol or drugs, which can involve blood tests, breath tests, or observation of psychomotor abilities.
• 🔄 Load Transshipment: In cases of overloading, the excess cargo must be transferred to another vehicle to comply with traffic regulations, and the vehicle will only be released after the transshipment is completed.

Q & A

What is the administrative measure of vehicle retention?

Vehicle retention is an administrative measure where the vehicle is kept at the location of the approach until the irregularity that led to the approach can be corrected or if it cannot be corrected, it is released upon presentation of the vehicle's registration and licensing certificate.

Under what circumstances is a vehicle not released immediately after being stopped for a safety belt violation?

A vehicle is not released immediately if the safety belt violation is due to a malfunction or if the vehicle does not have a safety belt at all. In such cases, the vehicle will be retained until the problem is resolved.

What are the exceptions to the vehicle retention rule for certain types of vehicles?

Vehicles carrying dangerous or perishable goods and collective passenger transport vehicles are not retained as a rule, depending on the agent's discretion, to avoid causing risk to the environment or population.

What is the difference between vehicle retention and removal?

Vehicle retention keeps the vehicle at the location of the approach to resolve the situation, while removal involves taking the vehicle away from its location to a designated yard, often due to illegal parking, immobilization due to lack of fuel, or as a result of vehicle seizure.

When does the removal of a vehicle occur?

Vehicle removal usually occurs due to irregular parking, immobilization on the road due to lack of fuel, or as a result of vehicle seizure with some exceptions.

What happens to a vehicle that is seized?

A seized vehicle is taken to a yard where it is kept under the custody of the authorities for 30 days. After 90 days, the vehicle may be auctioned off or sold in a public sale.

What is the administrative measure for handling a vehicle with an expired license plate?

If the license plate is expired and the irregularity cannot be resolved on the spot, the agent may collect the vehicle's registration certificate and release the vehicle for repair. After the repair, the vehicle is brought back to the agent who will then release the vehicle's registration for the owner to continue their journey.

What are the conditions under which an animal on the road will be collected?

Animals will be collected and taken to a deposit if they are loose on the public road, unaccompanied by their guide, and causing a disturbance to traffic or at risk.

What is the process for the return of collected animals?

The return of collected animals will only occur after the payment of fines, taxes, removal expenses, and stay, as well as other charges as provided by specific legislation. Unclaimed animals will be auctioned off after 90 days.

What is the administrative measure for dealing with excess cargo in a vehicle?

The administrative measure for excess cargo involves the transshipment of the excess load to another vehicle. The vehicle must be kept retained until the transshipment is completed, and it can only continue its journey after the excess cargo has been transferred.

What are the different ways to conduct an alcohol test as an administrative measure?

Alcohol tests can be conducted through blood tests, specialized laboratory exams, breath tests using a breathalyzer or similar device, or by observing signs of altered psychomotor capacity.