CNH suspended or revoked? Understand the differences and avoid losing the right to drive

For those who depend on the car or motorcycle on a daily basis, losing the right to drive can become a major inconvenience. However, many drivers still confuse two of the most severe penalties of the Brazilian Traffic Code (CTB): the suspension and revocation of the CNH (National Driver’s License).

Although both represent a punishment for drivers who exceed the legal limits, they have different rules, severities and punishment deadlines. The biggest differences between them are the time that the driver is prohibited from getting behind the wheel and the process necessary to retrieve the document.

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Below, you can see how each of these penalties works, including the time away from driving and the obligations of the driver who wants to drive again.

How can you have your CNH suspended?

According to the CTB, the suspension of the right to drive is a temporary punishment, which can vary from 2 to 24 months, which happens due to two main situations, when the driver:

• accumulated 40 points or more in a period of 12 months, none of which is very serious;
• accumulated 40 points as a driver with the observation EAR – Exercise of Remunerated Activity in the license (taxi drivers, app drivers and truck drivers), regardless of the severity of the infractions committed.
• accumulated 30 points in the last year, and one infraction was very serious;
• accumulated 20 points in the last year, two or more of which were very serious;
• committed a self-suspension infraction, which provides for direct suspension, regardless of the accumulated score.
• did not pay the vehicular debts.

Whenever the driver’s license is suspended, the driver is required to comply with the deadline determined by the authorities and, mandatorily, to take and pass a refresher course. The period varies according to the number of points and what infractions were committed.

Impeached CNH is a bigger and more lasting problem

The revocation is the most serious penalty in the Brazilian Traffic Code and has a defined time of two years. Unlike suspension, in the revocation the driver loses the driver’s license definitively and his registration is canceled.

Article 263 of the CTB determines that the revocation is immediate if the driver is caught driving any vehicle that requires a license, with the right to drive suspended. Other situations lead to the revocation of the CNH:

• If the driver is convicted in court for a traffic crime.
• If, at any time, anyirregularity in the issuance of your license is proven.

In addition, if the driver commits (reoffends), within a period of 12 months, any of the following infractions, he will also have his CNH revoked:

• Driving a vehicle of a different category: driving a vehicle with a CNH or Driving Permit (PPD) of a different category than the vehicle being driven (Art. 162, item III of the CTB).
• Hand over driving to unqualified or impeded persons: deliver the vehicle to someone without a CNH, PPD, Authorization to Drive Moped (ACC), or to anyone who has a revoked, suspended license or with an incompatible category (Art. 163 of the CTB).
• Allow possession of the vehicle to impeded persons: allow persons in the conditions mentioned in the previous item to take possession and start driving the vehicle on public roads (Art. 164 of the CTB).
• Dry Law: driving under the influence of alcohol or any other psychoactive substance that determines dependence and refusing to take the breathalyzer test (Art. 165 of the CTB).
• Race betting: competing for emulation on public roads (Art. 173 of the CTB).
• Unauthorized maneuver events: promoting or participating, as a driver, in competitions, organized events, exhibitions or demonstrations of skill in maneuvers, without permission from the traffic authority (Art. 174 of the CTB).
• Performing a dangerous maneuver: using the vehicle to demonstrate or exhibit a dangerous maneuver, by means of sudden starting, skidding or braking with sliding or dragging of tires (Art. 175 of the CTB).

How to regain the right to drive after the revocation?

While in suspension it is enough to comply with the time and take the refresher course, the process after having the CNH revoked requires the driver to start practically from scratch. After 24 months of the revocation of the license, the offender may request its rehabilitation.

To return to driving legally, he will need to pass and pass all the necessary exams to obtain the category he had before (or a lower category). An important point determined by the legislation is that, even going through a new process, the date of the driver’s first license is preserved in the system.

In summary: