Will anyone who has already paid for their lessons and wish to cancel the service be entitled to a refund?

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According to lawyer and civil law professor Flávia Zangerolame, reimbursement for paid courses not taken is allowed due to frustration at the end of the contract.

— In these circumstances, we obviously have what we call in civil law a frustration at the end of the contract, in which the concrete cause of the contract and the reason for hiring disappear — said the lawyer. — Consequently, in these circumstances, the consumer is entitled to a proportional reimbursement of the amounts.

However, Rafael Viola, specialist in consumer law, envisages the end of the contract with “great difficulties” in the case of courses already paid for.

— The changes regarding the CNH come from the public administration and, in principle, they cannot be confused with the consumer contract — said Viola. — If the contract concerns a closed package which has already been paid for, I consider it very difficult for us to be able to cancel it. This change of driving license does not modify the contracts in itself.

Zangerolame also warns that driving schools can impose a minimum fine in cases where they have incurred expenses to prepare for future courses, not followed by the customer.

— The only possibility that I can address is that of minimal compensation for the expenses incurred by the driving school, which are those expenses already actually demonstrated in preparation for the execution of the contract. Other than that, it’s not possible,” he explained.

For the president of the Rio de Janeiro Driving Schools Union, André Mello, this question is very subjective in the understanding of the judiciary. According to Mello, companies are waiting for a position from Detran.

— What happens is that a contract has been signed according to the law in force and the companies are willing to respect what has been contracted. According to the judiciary, it is very subjective, the president said. — Detran has not yet taken a position on whether the resolution will be retroactive and allow people to table the current process and overturn the old one.

However, Detran indicated that “the resolution establishes that previous contracts will have to be resolved between the parties, based on the Civil Code and the Consumer Protection Code.”

Contacted by the O GLOBO report, the president of the National Federation of Driving Schools, Ygor Mendonça, did not comment on this subject.

Other doubts based on the new CNH rules clarified by O GlOBO

What changes with the new resolution?

The main change is that lessons in driving schools are no longer compulsory. The theoretical course can be taken free of charge, online, on the Ministry of Transport platform. Practical courses have a reduced minimum workload: before they lasted 20 hours and now there are two.

Will I be able to obtain my driving license without taking a course?

In part, yes. The theoretical course no longer has a minimum workload and can be taken outside of driving schools, including digitally and free of charge. However, the theoretical and practical tests remain compulsory and define the approval. Practical courses continue to exist, but the candidate can choose to follow them with approved independent instructors or even practice alone, using their own regularized vehicle.

No. Driving schools are still authorized to offer theoretical and practical courses. The difference is that the student can now choose between maintaining the traditional model or looking for alternatives, such as:

• Free online theoretical course from the Ministry of Transport;
• Driving schools, face-to-face or remotely;
• Public traffic schools or other accredited institutions;
• Practical lessons with an independent instructor registered with Detran.

Which steps remain mandatory?

Regardless of how the candidate studies, the following are mandatory:

• Biometric registration at Detran;
• Medical and psychological examinations;
• Theoretical test;
• Practical test.

Biometrics will be used to ensure that the person taking each step is the candidate themselves.

What changes in practical courses?

The minimum course load of 20 hours drops to 2 hours. The candidate can:

• Take lessons at a driving school;
• Hire an independent instructor accredited by Detran;
• Complete the courses using your own vehicle, as long as it has up-to-date documents and meets the requirements of the Brazilian Highway Code.

The vehicles used by instructors must comply with safety rules and be identified as training vehicles. There are also age limits for vehicles used:

• Motorcycles: up to 8 years of manufacture;
• Cars: up to 12 years old;
• Cargo vehicles: up to 20 years.

Who can be an independent instructor?

To act, the trainer must:

• Be at least 21 years old;
• Be qualified for at least two years;
• You have not committed a very serious offense in the last 60 days and your driving license has not been revoked;
• Have completed secondary school;
• Have specific training in road education and the certifications required by executive bodies;
• Be accredited by Detran and registered with the Ministry of Transport.

The list of authorized instructors will be available on the Ministry’s website and on the CDT application.

How will the CNH process be open?

As soon as the rule comes into force, the candidate will be able to open the process digitally, on the website of the National Traffic Secretariat (Senatran). All checks will be carried out by the National Register of Qualified Drivers (Renach). After completing the theoretical part, you will need to complete the biometric collection in Detran and then undergo medical examinations.

Is the theoretical exam still compulsory?

Yes. The exam remains mandatory, in person or online (according to Detran). To be approved, you must answer at least 70% of the questions correctly. Those who fail can repeat the test as many times as necessary.

It remains mandatory and will be applied by Detran. The assessment follows the current scoring system: it starts with 100 points and the candidate must finish with at least 90 points to be approved. Those who fail can reschedule the test and try again, at no additional cost.

Will driving licenses become cheaper?

The government expects a significant drop in total costs. According to the Ministry of Transport, the reduction could reach 80%, in particular thanks to the possibility of free courses and the end of the compulsory workload of practical courses. Today, according to Senatran, the value can vary from R$3,000 to R$5,000. In Rio Grande do Sul, it reaches R$4,951.35.

When will I receive my final driving license?

Anyone who passes the practical test receives a driving license, valid for one year. If you do not commit a serious or very serious offense (or repeat offense on average) within this period, the system automatically issues the final driving license.

The resolution also plans to facilitate the processes for obtaining driving licenses for categories C, D and E, such as trucks, buses and trailers, thus allowing the provision of services by driving schools or other entities.