New congressional law allows five-year-old children to be taken on the back of motorcycles

The author of the text argues that the current restriction ignores the socioeconomic reality of families that depend on the vehicle, especially in the North and Northeast

Currently, only children from the age of 10 can travel on the back of motorcycles (Photo: Geraldo Bubniak | AEN)
By Júlia Haddad
Published on 2026-03-10 at 12:00 PM
Updated on 2026-03-10 at 12:30 PM

The Chamber of Deputies is analyzing a bill that authorizes the transport of children on motorcycles from the age of five, reducing by half the current limit in the country. According to the proposal, the relaxation of the rule will be conditional on the adoption of strict safety measures, such as the mandatory use of a restraint device approved and regulated by the National Traffic Council (Contran).

Bill 6253/25, authored by federal deputy Paulo Freire Costa (PL-SP), proposes a direct change to the Brazilian Traffic Code. Currently, national legislation is strict and establishes that only children over ten years old can be transported on the back of two-wheeled vehicles. Failure to comply with this current rule is classified as a very serious infraction. The driver caught in this situation receives seven points on the National Driver’s License (CNH), in addition to being punished with a fine, suspension of the right to drive and retention of the vehicle until regularization.

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The justification of the law

In justifying the proposal, the parliamentarian argues that the current restriction ignores the socioeconomic reality of a significant portion of the Brazilian population. Costa highlights the situation in the North and Northeast regions, where the deficiency of public transport makes the motorcycle often the only viable means of transportation for families. “By establishing minimum and objective conditions for transport, child protection is preserved without imposing restrictions incompatible with the routine of families,” said the deputy.

To support the change, the author cites a 2016 study conducted by the United Nations Economic Commission for Europe. The document points out that developed countries, such as Belgium, Denmark, France and Italy, already allow children aged three, five or seven to be passengers on motorcycles, as long as the vehicles have the safety requirements met.

The text now goes to the House committees for analysis. In conclusion, the matter will be debated by the Commission on Traffic and Transport and by the Commission on Constitution and Justice and Citizenship (CCJ). To become law, the proposal will still need to be approved in the plenaries of the Chamber of Deputies and the Federal Senate.

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