6 problems that can prevent you from renewing your CNH

Renewing the National Driver’s License (CNH) is mandatory for those who want to continue driving legally without incurring fines and other punishments. Although the process is generally simple, some problems can prevent or delay the renewal of the document.

Restrictions may be related to administrative issues, health problems, psychological evaluation or court decisions. Therefore, checking the license status before starting the procedure can avoid inconvenience.

SEE ALSO:

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When do I need to renew the CNH?

The validity period of the CNH varies according to the age of the driver. Since the entry into force of Law No. 14,071/2020, the document has been valid for:

• 10 years for drivers under 50 years old;
• 5 years for drivers between 50 and 69 years old;
• 3 years for drivers aged 70 or over.

The renewal must be carried out before expiration. According to article 162, item V, of the Brazilian Traffic Code (CTB), driving with an expired CNH for more than 30 days is a very serious infraction.

The conduct results in a fine of R$ 293.47, seven points on the CNH and retention of the vehicle until the presentation of a licensed driver.

What problems can prevent CNH renewal?

The main impediments can be divided into three groups: administrative, medical and judicial.

1. Suspended or revoked

CNH Drivers with a suspended or revoked license cannot simply renew the document to drive again.

Suspension can occur when the driver reaches the point limit or commits certain infractions, such as driving under the influence of alcohol. Revocation, on the other hand, can occur, for example, when the driver drives during the suspension period or reoffends in certain very serious infractions.

In suspension, it is necessary to comply with the determined period and, when required, take the refresher course. In the case of revocation, the procedure is more rigorous and involves the rehabilitation of the driver, with the performance of the exams and other steps required by law.

2. Fines and other debts

Financial issues can also hinder the renewal process. Overdue fines, fees and other debts linked to the vehicle or license may generate restrictions, according to the rules and systems adopted by the traffic agency of each state.

Therefore, before starting the renewal, it is important to check the existence of debts and check with the DMV which pending issues need to be settled.

3. Irregular

CPF The registration status of the CPF can also interfere with the renewal of the CNH. If the document is suspended, canceled or presents divergences in the Federal Revenue data, the traffic agency’s system may prevent the continuation of the procedure. In this situation, the driver must regularize the CPF before proceeding with the renewal.

4. Administrative

proceeding An administrative proceeding related to infractions that may result in suspension or revocation may also generate temporary restrictions. The situation must be monitored by the driver, who may present a defense or comply with the determinations of the process, as the case may be.

5. Can diseases or health conditions prevent CNH renewal?

The answer is: yes. However, having a disease does not automatically mean losing the right to drive.

The renewal of the CNH requires a physical and mental fitness exam. In it, the medical expert evaluates whether the health condition, its symptoms, its consequences or whether the effects of the treatment can compromise safe driving.

The main rule on the subject is Contran Resolution No. 927/2022, which regulates the physical and mental fitness exam and psychological evaluation in the qualification processes. Among the factors analyzed are:

• Vision;
• Hearing;
• Cardiorespiratory conditions;
• Motor coordination;
• Muscle strength;
• Mobility;
• Balance;
• Attention;
• Memory;
• Concentration;
• Behavior;
• Comprehension;
• Use of medications;
• Possibility of sudden loss of consciousness.

The doctor may also request additional tests or specialized evaluations when he deems it necessary.

Alcohol and other drug

addiction The abuse of alcohol, illicit drugs or other psychoactive substances can result in disability when it compromises perception, judgment, behavior or driving ability. It is important, however, to differentiate the use of prescription drugs and medical treatments from substance abuse or dependence

Professional drivers need psychological

evaluation Drivers who exercise paid activity behind the wheel (EAR), such as app drivers, taxi drivers and truck drivers, are subject to psychological evaluation, in addition to the physical and mental fitness exam, according to the requirements applicable to the process. An unfavorable psychological evaluation can prevent the completion of the renewal until the necessary requirements are met

What are the possible results in the medical exam?

The physical and mental fitness exam can result in different classifications:

• Fit: when there is no contraindication to drive in the intended category.
• Apt with restrictions: when the driver can drive, but needs to meet some condition, use adaptation in the vehicle or have a certain restriction registered with the CNH.
• Temporary unfit: when the problem can be treated or corrected.
• Unfit: when the impediment is considered irreversible and there is no possibility of treatment or correction that allows safe driving.

In some cases, the doctor may also reduce the validity period of the CNH to monitor the evolution of a health condition. This does not mean that the driver is prohibited from driving.

Is it possible to appeal a medical failure?

The driver who disagrees with the test result can request a new evaluation by the Medical or Psychological Board of the executive traffic agency of the state or the Federal District.

According to Contran Resolution No. 927/2022, the request must be submitted within 30 days of knowing the result. If the board maintains permanent unfitness, it is still possible to appeal to the State Traffic Council (Cetran) or, in the Federal District, to the Traffic Council of the Federal District (Contrandife), also within 30 days.

6. Judicial blockades can also prevent renewal

In certain situations, a judge may order the suspension of the right to drive as a coercive measure, including in cases related to the payment of alimony. The measure has already been admitted by the Superior Court of Justice (STJ), as long as it is used properly and without compromising the debtor’s livelihood.

In addition, convictions for traffic-related crimes may result in judicial suspension or revocation of the license. Emergency protective measures may also, in exceptional situations and by means of a duly reasoned judicial decision, establish restrictions related to the right to drive.

How to find out if there is an impediment on your CNH

Before starting the renewal of the CNH, the driver can check his situation through different channels:

• Detran website of the state where the license is registered;
• Digital Transit Card (CDT) application;
• Federal Revenue website, to check the CPF status;
• face-to-face or telephone service from the DMV.

Early consultation allows you to identify pending issues and start regularization before the document expires.

How to regularize the situation and renew the CNH?

The solution depends on the reason for the blockage.

• Debts: outstanding fines and fees must be paid according to the procedures made available by the traffic agency.
• Irregular CPF: the driver must regularize the data with the Federal Revenue Service.
• Suspended CNH: it is necessary to comply with the suspension period and take the refresher course when required.
• Canceled CNH: the driver must comply with the steps provided for his rehabilitation, including the required exams and procedures.
• Medical problems: the driver can perform new exams, present medical documentation and, when necessary, request evaluation by a board.
• Judicial blockage: the solution depends on the decision that determined the restriction. It may be necessary to negotiate the debt or request in court the review or revocation of the measure, with the guidance of a lawyer.

When to seek legal help?

The help of a lawyer can be important especially when the impediment involves judicial blockage, criminal conviction, revocation of the CNH or contestation of medical result. In simpler situations, such as regularization of data or payment of debts, the driver himself can resolve the pending issue directly through official channels.