INDICAÇÃO DE CONDUTOR COM CNH VENCIDA, SUSPENSA, CASSADA, DE OUTRA CATEGORIA OU SEM HABILITAÇÃO

Summary

In this video, Geraldo Medeiros explains the consequences of identifying a driver with an irregular or invalid license when a traffic violation occurs in Brazil. Under the Brazilian Traffic Code (CTB) and CONTRAN resolutions, vehicle owners who fail to identify the correct driver within 30 days can be held responsible. Indicating a driver with an invalid license, such as a suspended or expired one, results in additional penalties for both the owner and the driver. The video emphasizes the importance of ensuring that only properly licensed individuals operate a vehicle to avoid legal complications.

Takeaways

• 😀 A driver can receive a citation for committing an infraction if they have an irregular driver's license (expired, suspended, revoked, or inadequate for the vehicle).
• 😀 The responsibility to identify the driver at fault falls on the vehicle's owner or primary driver within 30 days of receiving the notification of the infraction.
• 😀 If the driver is not identified within the 30-day period, the owner or primary driver will be held responsible for the infraction.
• 😀 The Brazilian Traffic Code (CTB) does not require the indicated driver to have a valid license for the owner to make the indication, although consequences exist if the driver's license is irregular.
• 😀 The 2022 CONTRAN Resolution (918/2022) outlines the penalties for indicating a driver with an irregular license under Article 162 of the CTB.
• 😀 According to Article 162, driving without a license, with a suspended or revoked license, or with an expired license for more than 30 days is considered a serious infraction.
• 😀 If the vehicle owner indicates a driver with an irregular license, they will be penalized under Article 163 of the CTB for failing to ensure the driver is legally authorized.
• 😀 Article 163 of the CTB applies when the owner hands over the vehicle to a driver with an irregular license, resulting in an additional infraction.
• 😀 The indicated driver will also be penalized if their actions match the violations outlined in Article 162 of the CTB, leading to multiple infractions for both the owner and the driver.
• 😀 If the vehicle owner fails to identify the driver within the specified 30-day period, they will be considered responsible for the infraction and may face additional penalties under Article 162.

Q & A

What happens if a driver with irregular licensing is indicated as the infractor in a traffic violation?

If a driver with irregular licensing is indicated as the infractor, it can lead to multiple violations, including penalties for both the vehicle owner and the driver. The vehicle owner might be fined for not presenting the driver within the required time frame.

What is the time frame for indicating the infractor after receiving a traffic citation?

The vehicle owner or main driver has 30 days from the date of the traffic citation to identify the actual infractor. If this period passes without identification, the owner or main driver will be considered responsible for the violation.

Is it necessary for the identified driver to have a valid driver's license when being indicated as the infractor?

No, it is not necessary for the identified driver to have a valid driver's license. The owner is required to identify the person who committed the infraction, regardless of whether that individual has a valid or irregular license.

What are the consequences of indicating an infractor who has an invalid or suspended license?

According to Resolution 918 of 2022, the vehicle owner may face a fine under Article 163 of the Brazilian Traffic Code (CTB). Additionally, if the indicated driver has a suspended, revoked, or expired license, the driver can also be fined under the applicable articles of the CTB.

What does Article 162 of the Brazilian Traffic Code cover in relation to driver licensing violations?

Article 162 covers various driver licensing violations, such as driving without a valid license, driving with a revoked or suspended license, driving with a license from a different category, and driving with a license that has been expired for over 30 days. Each of these scenarios is classified as a serious infraction under the CTB.

What happens if the vehicle owner does not identify the infractor within the given 30-day period?

If the vehicle owner fails to identify the infractor within 30 days, they will be held responsible for the original traffic violation and may face additional penalties, including fines for failing to meet the identification deadline.

What are the penalties for the vehicle owner when they indicate an infractor with an irregular license?

The vehicle owner will be fined under Article 163 of the CTB for allowing someone with an irregular license to drive. They may also face additional penalties for the original traffic infraction committed by the driver.

What additional fines can be applied to the indicated driver who has an irregular license?

The indicated driver will also face fines based on their irregular licensing status, in addition to the fines for the original infraction. This includes violations under Article 162 of the CTB.

What is the role of the CTB's Article 163 in relation to driver responsibility and infractions?

Article 163 of the CTB holds the vehicle owner accountable if they allow someone with an invalid or irregular license to drive. The vehicle owner can be fined if they fail to ensure that the driver has a valid license, thus potentially committing an infraction by allowing an unqualified individual to operate the vehicle.

What advice does the video give to avoid complications related to indicating an infractor?

The video suggests that to avoid complications, vehicle owners should only allow qualified drivers with valid licenses to operate their vehicles. It advises that owners with licensing issues should not drive and should ensure they do not allow unqualified individuals to drive their vehicles.