Notification of traffic fine may now come with a photo of the mandatory infraction

Drivers fined by video surveillance cameras can now receive the image of the infraction along with the notification. On July 17, the Traffic and Transport Commission of the Chamber of Deputies approved Bill 544/26, which makes it mandatory to attach the visual record when the fine is proven by audiovisual equipment.

Today, the Brazilian Traffic Code (Law 9.503/1997) authorizes the use of electronic and audiovisual devices to prove infractions, but does not oblige the traffic agency to send the image to the owner of the vehicle. Anyone who wants to see the flagrante in general needs to consult it on the website or application of the issuing agency. It is this gap that the project intends to close.

Author of the proposal, Deputy Danilo Forte (PP-CE) argues that the absence of immediate visual proof generates legal uncertainty and distrust of the citizen, because it hinders the contradictory and the broad defense. Without the photo, the driver needs to decide whether to appeal based only on the description of the infraction and the place and time informed in the document.

Amendment extends the requirement to the fine

The rapporteur, Deputy AJ Albuquerque (PP-CE), recommended approval and presented an amendment to require the image also in the penalty notification. “This proposal improves traffic legislation,” he said.

The distinction between the two documents makes a difference in practice. The notice of infraction is the first notice, which opens a period for prior defense and for the indication of the offending driver. The penalty notification is the next step, which applies the fine and informs the amount to be paid. With the amendment, the photo would accompany the two.

Next steps

The text will still be analyzed by the Commission on Constitution and Justice and Citizenship in a conclusive manner, which does not require a vote in the plenary of the Chamber if there is no appeal. To become law, it needs the approval of both Houses of Congress and presidential sanction.

The theme has been recurrent in the collegiate. In April, the same committee approved the substitute of Deputy Rosana Valle (PL-SP) to PL 4751/24, which prohibits fixed radars hidden behind trees, poles, marquees or walkways, requires an electronic speed panel on roads with two or more lanes per direction and determines the publication on the internet of the list of radars, with the location and date of the last Inmetro check. In the opinion, the rapporteur associated the change with the fight against “merely collecting” practices in inspection.

With information from the Câmara de Notícias Agency