International Workshop for Road Safety Legislators

1. Workshop: Consumo Inteligente e Responsável
de Bebidas Alcoólicas:
1
Hugo Leal
Federal Deputy, State of Rio de Janeiro (PSB)
Chairperson of the Congress front for Defence of Road Safety

2. 2
Workshop: Smart Drinking and Responsible
Consumption of Alcohol
Source: National Road Safety Observatory http://iris.onsv.org.br/iris-beta/#/stats/profiles/0/death
£12.123

3. INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS
3
PILLARS OF DECADE - BRAZIL
Hugo Leal
Federal Deputy, State of Rio de Janeiro (PSB)
Chairperson of the Congress front for Defence of Road Safety
Pillar 1: Road safety management
Pillar 2: Safer roads and mobility
Pillar 3: Safer vehicles
Pillar 4: Safer road users
Pillar 5: Post-crash response

4. 4
The Union's highest executive traffic
authority - under the Ministry of
Cities.
The Union's highest normative and
advisory traffic authority - coordinator
of the National Traffic System -
composed of representatives of several
Ministries of Brazil.
* The Director of Denatran is the Chairman of Contran
Pillar 1: Road safety management
National Traffic Department
Departamento Nacional de Trânsito
National Traffic Council
Conselho Nacional de Trânsito
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS

5. 5
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS
Pillar 2: Safer roads and mobility - examples
NATIONAL URBAN
MOBILITY POLICY
LAW 12.587-2012
DENATRAN
SIGNALING MANUALS

6. 6
AIR BAG - Contran Resolution 311, 3 April 2009 - progressive implementation from 2010
to 2014;
ABS (Anti-lock braking system) - Contran Resolution 380, 28 April 2011 - progressive
implementation from 2010 to 2014;
ISOFIX System – implementation starting in 2020;
ELECTRONIC STABILITY CONTROL (ESC) - Contran Resolution 567, 16 December 2015 -
progressive implementation from 2020 to 2022;
SIDE PROTECTION BARS IN CARS – Senate Bill 307/2008 (Chamber of Deputies Bill
8177/2014).
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS
Pillar 3: Safer vehicles

7. 7
Comprehensive legislation about the five main risk factors associated with
road insecurity in Brazil:
Pillar 4: Safer road users
SPEED DRINK-
DRIVING
HELMET SEAT-BELT CHILD
RESTRAINTS
NO YES YES YES YES
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS

8. 8
Main risk factors - speed
Speed limits:
I – Urban roads:
80 km/h – Rapid Transit Road;
60 km/h – Arterial Road;
40 km/h – Collector Road;
30 km/h – Local Road.
II - Rural roads:
a) Highways – Paved roads (asphalted)
110 km/h - cars, SUVs e motorcycles;
90 km/h - buses e trucks;
80 km/h – other vehicles.
b) Roads – Unpaved roads and stone pavement
60 km/h.
The WHO recommendation
is the speed limit of 50 km /
h on urban roads
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS

9. 9
DRY LAW:
ZERO
TOLERANCE
POLICY IN
DEFENSE OF
LIFE
Main risk factors – drive-drinking
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS

10. 1
0
*Law 9.503/1997 - Brazilian Traffic Code : defined the index of six decigrams
of alcohol per liter of blood as limit for drive a motor vehicle. It also established
the penalty of suspension of the driver’s license and revocation in case of
recidivism in the period of 12 months.
*PROVISIONAL MEASURE 415/2008: Restriction on the sale of alcoholic
beverages in commercial establishments along the federal highways of the
whole country, requiring the Federal Highway Police to supervise.
*CONVERSION PROJECT 13: Deputy Hugo Leal designated rapporteur of MP
415/2008, wich promoted a series of Public Hearings, technical meetings
(Brazilian Association of Traffic Medicine + National Committee for Mobilization
for Health, Safety and Peace in Traffic) and negotiation in the Brazilian National
Congress.
Evolution of drinking and driving legislation
in Brazil
The concept of zero tolerance then emerges as the only safe
condition to drive a vehicle, becoming Law 11,705 / 2008 (Dry law)

11. 11
MAIN CHANGES (DRY LAW - 2008)
BEFORE AFTER
BLOOD ALCOHOL CONCENTRATION (BAC)
PERMITTED
0.06 g / liter of alcohol in the of blood.
PENALTY
Fine of £ 208 and Driver’s License
Suspension for a period of 1 to 12
months.
BREATHALYZER
Not required. Those who refused could
be framed in the administrative
infractions based on testimonies.
BLOOD ALCOHOL CONCENTRATION (BAC)
PERMITTED
Zero
PENALTY
Up to 0.06g / liter of alcohol in blood: Fine of
£ 208 and Driver’s License Suspension for 12
months. Above this limit is considered a Road
Traffic Crime with prison sentence.
BREATHALYZER
Not required. Those who refuses to blow the
breathalyzer can be framed in administrative
infraction, given there are clear indications of
drunkenness perceived by the police agent.

12. 12
PENALTY
Up to 0.06g / liter of alcohol in blood:
Fine of £ 208 and Driver’s License
Suspension for 12 months. Above this
limit is considered a Road Traffic Crime
with prison sentence.
BREATHALYZER
Not required. Those who refuses to blow
the breathalyzer can be framed in
administrative infraction, given there are
clear indications of drunkenness
perceived by the police agent.
PENALTY
If higher than 0.02g / liter of alcohol in
blood: Fine of £ 652 and Driver’s License
Suspension for 12 months.
BREATHALYZER
Who refuses to blow the breathalyzer can
also be framed in Road Traffic Crime with
prison sentence, given there are clear
indications of drunkenness in criminal
evidences (Witness and video evidence for
example).
DRY LAW II (LAW 12.760 / 2012)
BEFORE AFTER

13. 13
ACTION QUANTITY PERCENT
INSPECTIONS 2.146.476 100%
OTHER TRAFIC VIOLATIONS 422.833 19,7%
VIOLATIONS of Article 165
Administrative infraction
154.813 7,2%
VIOLATIONS of Article 306
Road Traffic crime
5.580 0,26%
Operation – Rio de Janeiro
Aug / 2009 to Mar / 2016
According to Public Security Institute (ISP) and National Traffic
Department (Denatran) data, the number of fatalities dropped
from 59 per 100,000 vehicles in 2009 to 29 per 100,000
vehicles in 2015.

14. 14
LAW 13.281/2016
Several changes in the Brazilian Traffic Code
Highlights:
1 – Electronic notification – A person that opts for this type of notification
and do not appeal in court will receive a 40% discount;
2 – Increase in the value of all traffic tickets, which had the same value
since the year 2000 - average increase of more than 50%;
3 – Increased punishment for those who park the vehicle in a parking
spots exclusive for the elderly and disabled (£ 64) and for those who
handle the cell phone (£ 64);
4 –In the case of applying alternative penalties for road traffic crimes of
less dangerous potential (less than 2 years of detention), the convict must
comply with the court judgment in hospitals and institutions that provide
relief to victims of road traffic crashes .

15. 15
PROPOSALS:
1 - Encourage the creation of Regional Forum for Road Safety
Legislators – example: Latin America - proximity - similar realities;
2 - Exchange of experience and information on the standards and
practices of each participating country on the pillars of the decade
and legislation on each of the five major risk factors;
3 - Discussion and presentation of proposals for solutions to the
difficulty in supervising those driving under the influence of other
drugs - legislation and supervision is still far from ideal, at least in
Brazil.
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS

16. 16
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS
HIGHLIGHTS IN BRAZIL
Proposals for the five pillars
of decade
A movement whose objective is a coordinated action
between the Public Power and civil society to place on
the agenda the issue of road traffic accidents,
mobilizing organs of governments, companies, class
entities, associations, federations, organized civil
society to effectively discuss and promote awareness
actions.

17. 17
THANKS!
INTERNATIONAL WORKSHOP FOR ROAD
SAFETY LEGISLATORS
Hugo Leal
Federal Deputy, State of Rio de Janeiro (PSB)
Chairperson of the Congress front for Defence of Road Safety