If there is more than one infraction, how many times should
Feb 28, 2024 7:04:59 GMT 1
Post by muntahaislam222 on Feb 28, 2024 7:04:59 GMT 1
Chapter XV of the Brazilian Traffic Code provides for traffic violations, which occur when traffic legislation is not observed. There are several types of conduct expressly provided for in the CTB that are considered illegal and when practiced, in addition to putting the safety of the community at risk, it implies a sanction for those who broke the law. Traffic Instructor Training Course, and General and Teaching Director at CFC, is at Educate Trânsito . Call on WhatsApp (81) 99420-0933 and find out more. As a normative reference in addition to the CTB for inspection purposes, there is another legal instrument that is used, this is the Brazilian Traffic Inspection Manual (MBFT), regulated by Resolution No. 985/2022 of the National Traffic Council – CONTRAN, which is the standard to be observed by the traffic authority when applying penalties, by its inspection agents and by judges. In more than 400 individual inspection forms, the procedures to be followed when a traffic irregularity is detected are detailed.
The transit authority agent adopts a different procedure not provided for in the MBFT, the administrative act produced becomes legally questionable, depending on the case. Precisely because of this enormous quantity and variety of types of infraction, the doubt often arises whether in a given situation the traffic authority agent, upon noticing more than one possible irregularity, should draw up one or more infraction notices, aiming at faithful compliance with the Europe Mobile Number List standard, so as not to act abusively, generating unfair or even illegal punishments. According to art. 280 of the CTB, if there is an infraction provided for in traffic legislation, an infraction notice must be drawn up, which is an act bound by law, which must contain some information provided for in this article and in complementary legislation, such as the MBFT and the Ordinance No. 354/2022 of the National Traffic Secretariat – SENATRAN, which establishes the fields and minimum information that must make up the AIT, which is the information piece that begins the administrative process.
Possible that there may be, theoretically, two or more infractions, but the traffic authority agent must draw up only one infraction report, depending on the situation, as per legal provision, as in the case of finding simultaneous infractions in which the infraction codes have the same root (the first three digits), when only one infraction should be considered. As an example, we can mention the violation of art. 167 of the CTB for “failing the driver or passenger to use a seat belt, as provided for in art. 65”. The infraction code, made up of five digits, making it possible to individualize the infractions, in the case of a driver without a belt is “518-51”, while a passenger without a belt is “518-52”. Therefore, the agent must only draw up one infraction report, even if the driver and one or more passengers are not wearing a seat belt, as the root of the codes is the same, and must also describe the situation observed in the AIT itself. [Continues after ad] Another example to improve understanding, we can mention the infractions due to lack of helmet, provided for in items I and II of art.