There is an important distinction between the prescription of tickets and the prescription of points in the National Driver's License (CNH).
Although some people consider these two pieces of information to be the same thing, they have different meanings in practice. Understand!
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Prescription of fines and points on CNH: what's the difference?
application of fines
The statute of limitations for traffic fines refers to the period in which infractions committed by drivers can be punished.
After a certain period of time, fines can no longer be imposed or enforced in court. This means that, after prescription, the driverwill no longer be held financially responsible for the infringement.
In fact, the statute of limitations for traffic fines is a topic that can raise questions, since the Brazilian Traffic Code (CTB) does not provide specific details on this subject.
In this context, Resolution n. 619 of the National Traffic Council (CONTRAN) plays an important role, as it establishes the statute of limitations provided for in Law n. 9,873, of November 23, 1999.
In punitive action, the body responsible for the act must apply the sanction within five years. If this period expires without the fine being applied, prescription occurs and the driver can no longer be punished for the infraction.
When the enforcement action expires, the transit agency has a period of five years to charge the payment of transit debts. If this period expires without the chargeis carried out, the driver will no longer have the obligation to pay the fine.
As for intercurrent prescription, it occurs when the transit agency leaves the process inactive for more than three years. In this case, the prescription is configured and the body loses the right to wait with the fine collection process.
On the other hand, the prescription of points in the CNH concerns the period in which the points accumulated by the driver in the occurrence of traffic violations waiting to be considered for the purposes of penalty.
Despite this, it is important to emphasize that the prescription of traffic fines does not imply the exclusion of the infraction record from the system. Even if a fine lapses, the record of the infraction will still remain in the traffic agency's records.
Loss of points in the wallet
It is important to clarify that the validity of the points in the National Driver's License (CNH) is 12 months, but does not necessarily follow the calendar year calendar. Instead, the counting of points starts from the data of the infraction committed by the driver.
After the date of the infraction, the points will remain registered on the driver's CNH for the next 12 months. After that period, they expire and are no longer considered for penalty purposes.
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