The purpose of the Law is prevention, enforcement and repression of steal and robbery of vehicles and cargoes and Article 8 establishes that every driver of a commercial cargo vehicle must carry the authorization to drive it when it is not his property by its owner or lessee, and paragraph 1 provides that the authorization to drive the vehicle, which is dealt with in article 8, is mandatory and will be required by traffic supervision, being able to designate one or more drivers for various vehicles, according to fleet service and operating needs.
The lack of authorization is considered a light infraction (3 points in the license), punished with a fine of 50 UFIRs and withholding of the vehicle until the presentation of the document (article 232 of the CTB). Traffic authorities are already demanding authorization and charging drivers. Because it is a mandatory document, it is necessary that it be regulated and established model, form and content. Thus Contran (National Traffic Council) recommends caution in the inspection regarding the authorization to drive cargo vehicles provided by its owner or renters, required from the drivers according to Law 121/06. For the agency, because it is a mandatory document, it is necessary that it be regulated and established model, form and content. See the full text of the recommendation, in a document dated of April 13, to the components of the National Transit System.
To the Organs of the National Transit System
Considering that Complementary Law 121 of February 9, 2006, which established the "National System of Prevention, Surveillance and Repression of Vehicle Robbery and Burglary" in its Article 8 defined that every driver of commercial cargo vehicle should carry, when this is not your property, authorization to drive it provided by its owner or lessee.
Considering that the authorization to drive the vehicle is a mandatory document, and its non-compliance is subject to a penalty provided for in article 232 of the Brazilian Traffic Code.
We warn that, because it is a mandatory document, it requires regulation that establishes its format, model and content, and therefore is not self-governing matter.
We therefore recommend that the matter be regulated for the initiation of standardized traffic control actions throughout the National Territory.
Alfredo Peres da Silva
President of CONTRAN