The National Traffic Council (CONTRAN) unanimously approved, on Monday (1/12), the decision ending the requirement for a minimum number of classes in driving schools to obtain a national driving license (CNH).
In order to be official and change the process of obtaining a driving licence, the rule must be published in the Official Journal of the Union (DOU). It is expected that the decision will be at the DOU in the next few days. However, the text does not necessarily take effect immediately. The date of its entry into force depends on what is specified in the text of the resolution itself.
There are two main possibilities:
- Immediate validity: The resolution itself may explicitly state that it “enters into force as of the date of its publication” or “enters into force immediately.” In these cases, it becomes valid on the same day it is published in the DOU.
- Vacancy period: If the decision does not mention a specific date for its entry into force, the general rule set forth in the Law Introduction to Brazilian Law Rules (LINDB) applies, which sets a period of 45 days after the publication of the rule for its entry into force throughout the country. This period is called vacatiolegis and is used for the people and bodies involved to become aware of the new rule.
But that’s what the legislation says CapitalsThe Ministry of Transport stated that the approved decision will enter into force immediately upon its publication in the memorandum of understanding. The ministry did not mention the official timetable for the changes.
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Conditional closure.
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Classroom yard of a driving school in DF
Rafaela Feliciano / Metropolis2 of 5
Student at a driving school in Brasilia
Rafaela Feliciano / Metropolis3 out of 5
National driving license (CNH)
Vinicius Schmidt/Metropolis4 out of 5
The driver shows the driver’s license
Daniel Ferreira/Metropoles5 out of 5
National driving license (CNH)
Vinicius Schmidt / Metropolis
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Industry response
The decision, once published in the DOU, is at high risk of being subject to adjudication. This happens because the driving school production sector is trying to block the text in the Supreme Federal Court (STF) and in the House of Representatives.
to CapitalsPresident of the National Confederation of Driving Schools (Veneuto) Igor Valensa explained that the Confederation National de Trading (CNC), which represents the production sector of driving schools, will, on Tuesday (2/12), file an action in the STF to challenge the Contra decision.
Furthermore, the sector will submit to the Chamber of Deputies a draft legislative decree (PDL) to temporarily halt the effects of the Contran proposal, if it is published in the DOU.
In search of a dialogue with Congress, the sector met last Monday (12/1) with Speaker of the House of Representatives Hugo Motta (Republicans), who established the Special Committee for the National Driver Training Plan. The committee will be established on Tuesday (2/12) at the leaders’ meeting.
Dude’s driver’s license
According to a technical note issued by the Center for Public Command, even with lower nominal costs than in some developed countries, Brazil leads in terms of cost relative to income, approximately 7.8% of the average annual salary for obtaining a driver’s license, compared to about 3.2% in Germany and 2.4% in France. This disparity highlights why obtaining a license is out of reach for many low-income Brazilians.
“The proposed reduction would ease this burden, bringing the cost of a Brazilian driver’s license closer to the level of countries where obtaining a license is more accessible,” says CLP.
The government estimates that about 20 million people drive without a driver’s license today in Brazil. For the Department of Transport, the main reason for this is the high cost and complexity of the current process. The Ministry witnesses the situation of many citizens, especially those with limited income, who end up driving without a license because they are unable to cover the expenses required by driving schools and the compulsory stages.
“The new model specifically seeks to expand access, simplify steps and reduce costs,” the ministry says.
What remains and what changes
Theoretical and practical tests for obtaining a driving license will be maintained. Requirements remain the same for most classes: toxicity testing will remain mandatory for drivers in Class C (freight vehicles); D (passenger transport) and E (trailers and articulated vehicles).
However, according to the rules agreed by Contran on Monday, there will be no minimum number of theory classes a candidate will need to attend, and the minimum number of hours of practical driving lessons will change from 20 hours to just two hours. Lessons can be taught by independent teachers, not associated with driving schools.
However, driving schools may continue to exist, but will not be mandatory.
The federal government’s goal with this measure is to reduce the cost of obtaining a driver’s license. The government estimates that at least 20 million Brazilians drive without a license.