Proposal prevents new owners from being penalized for infractions committed before the transfer; text provides for the creation of a new mandatory insurance
The Traffic and Transport Commission of the Chamber of Deputies approved a proposal that amends the Brazilian Traffic Code to ensure that fines imposed before the sale of a vehicle are charged exclusively to the former owner. The measure aims to protect the buyer from “phantom infractions” — those committed before the transfer, but which only appear in the system after the deal is concluded.
According to the text, if the infraction occurs before the sale, but is registered in the National Registry of Traffic Violations (Renainf) after the issuance of the proof of discharge, the debt will be linked to the seller’s CPF or CNPJ. With this, the new owner will not be prevented from issuing the Vehicle Registration Certificate (CRV) or carrying out the annual licensing due to pending third-party issues.
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The opinion of the rapporteur, Deputy Hugo Leal (PSD-RJ), on Bill 1994/25, also proposes the creation of mandatory civil liability insurance for damages to third parties. The measure comes as a response to the extinction of the DPVAT and the recent revocation of the SPVAT, seeking to ensure compensation in traffic accidents. Hiring would be a mandatory condition for licensing.
The proposal also modernizes the punishment for vehicles from rental companies or under credit operations, attributing the responsibility for infractions directly to the real driver, relieving companies and banks. The matter is being processed in a conclusive manner, which dispenses with the vote in plenary if there is no appeal. The text now goes to the analysis of the Commission on Constitution and Justice and Citizenship (CCJ) and, if approved without reservations, it may go directly to the Federal Senate.
