Dangerous driving: Brazil’s CTB rules and fine amount

Dangerous driving puts the driver, other road users, the vehicle and operational continuity at risk. For the fleet, it can also bring stops, damage, unexpected costs and exposure of the company’s image.

Not every hard braking event or change of direction is dangerous behavior. Context matters: a maneuver to avoid an obstacle may be necessary. Management must analyze what happened before assigning blame, considering the road, cargo, vehicle condition and available accounts.

Learn how the topic appears in Brazilian legislation and how to create a fleet prevention routine:

• what dangerous driving is;
• what the law provides;
• how the fine works;
• consequences for the fleet;
• how to identify signs in the operation;
• how to encourage good driving practices.

What is dangerous driving?

Dangerous driving is an expression used to describe driving behavior that puts people or property at risk. Talking on a phone, accelerating without attention to road conditions, fighting for space, and deliberately risky acceleration or braking are examples that require assessment according to the situation.

Behavior must not be judged by an isolated record alone. Sudden braking can result from an emergency, a pothole or another external event. Management’s objective is to understand the context, identify recurring risks and guide prevention.

What does the law say about dangerous driving?

The Brazilian Traffic Code (CTB) does not use a single definition for all behavior called dangerous driving. It describes specific infractions and their consequences. These include racing, holding or participating in a competition or demonstration of driving skill without authorization, and using a vehicle to show off a dangerous maneuver.

The rules can change and their application depends on the facts and the competent authority. For a specific case, consult the updated text of the law and, when necessary, the company’s legal guidance.

Article 173

Art. 173 of the CTB addresses racing in Brazil. The text classifies this behavior as a very serious infraction and provides for a fine multiplied by ten, suspension of the right to drive, vehicle seizure and administrative measures such as retention of the driver’s license document and vehicle removal.

If there is a repeat offense within 12 months of the previous infraction, the fine set out in the article is doubled. The situation must be recorded and handled by the company’s responsible areas, without replacing the investigation carried out by traffic authorities.

Article 174

Art. 174 addresses promoting, participating in or conducting a competition, event, exhibition or demonstration of skill in maneuvering a vehicle on the road without permission from the competent traffic authority in Brazil. The infraction is also very serious and has specific penalties set out in the CTB.

The article covers promoters and participating drivers under the conditions described by Brazilian law. Within the fleet, the internal procedure can provide for reporting the occurrence, preserving documents and analyzing the case individually, respecting applicable labor and contractual rules.

Article 175

Art. 175 addresses using a vehicle to demonstrate or show off a dangerous maneuver through sudden acceleration, skidding or braking with tires sliding or dragging. In Brazil, the behavior is classified as a very serious infraction, with a fine multiplied by ten and other penalties and administrative measures indicated in the legal text.

The article also provides for doubling the fine for a repeat offense within the specified period. To avoid misinterpretation, do not confuse a deliberately showy maneuver with a defensive action taken in response to a risky situation.

Dangerous driving fine

The expression “dangerous driving fine” can refer to different infractions in Brazil. The correct penalty depends on the article applied and the circumstances recorded in the citation. The company must therefore consult the notification and corresponding legal text before advising the driver or recording the cost.

How much is the dangerous driving fine?

In arts. 173, 174 and 175, Brazil’s CTB provides for a fine ten times greater than that for a very serious infraction. Considering the base amount of R$ 293.47 set out in art. 258, the calculation results in R$ 2,934.70. If there is a repeat offense within the period set out in the respective article, the fine is doubled.

This amount refers to these specific infractions and may not represent other risky behavior covered by the CTB. Always confirm the current rule and citation data, because rules and administrative procedures can be updated.

How many license points?

Arts. 173 to 175 specifically provide for suspension of the right to drive in Brazil. Therefore, although they are very serious infractions, art. 259, § 4º, III, of the CTB excludes them from the allocation of points to the identified driver.

The company must maintain administrative control of notifications, but license status is handled by traffic authorities. When receiving a citation, inform the driver and follow the applicable deadlines and procedures.

How can a dangerous driving fine be appealed?

In Brazil, the right to defense and appeal follows the process stated in the notification. In general, it is important to check the issuing agency, deadlines, vehicle identification and documents that may support the submission.

Do not treat this article as legal guidance for an individual case. When there is doubt about the citation or internal measures, consult the legal department or a qualified professional to analyze the facts and documents.

What are the consequences of dangerous driving for the fleet?

Risky behavior can affect people, vehicles, deadlines and costs. Consequences are not automatic in every occurrence, but the manager needs to assess what happened and record measures proportionate to the identified risk.

Safety

Traffic safety (in Portuguese) is the first concern. Inappropriate practices can affect the driver, passengers, pedestrians and other vehicles. Training, understandable rules and channels for reporting unsafe conditions help keep prevention from depending solely on a warning after an issue.

When an occurrence happens, investigate the road, working hours, vehicle and operational conditions. This care does not eliminate responsibility for proven behavior, but avoids simplistic explanations that fail to correct a process risk.

Increased maintenance costs

Inappropriate driving can be associated with wear, damage and the need for corrective services. However, recurring maintenance alone does not prove driver behavior: mechanical failure, conditions of use and planning also need to be considered.

The history of inspections, work orders and replaced components helps investigate the issue. The technical team must assess the vehicle and define the necessary action before relating damage to a specific cause.

Fines and legal issues

Citations, accidents and lawsuits can generate expenses, administrative time and operational interruptions. A clear workflow for receiving notifications, identifying the driver when applicable and keeping track of deadlines reduces the risk of information loss.

It is also important to separate the administrative traffic procedure from the company’s internal measures. Each case may require its own documents, investigation and guidance.

Harm to company reputation

Vehicles identified with the company’s branding make behavior on the road more visible. An occurrence can affect the perception of customers, communities and partners, especially when there is no appropriate response.

Reputation is better protected by consistent prevention than by isolated messages after an incident. Procedures, training, maintenance and communication must reinforce that safety is part of the operational routine.

How can dangerous driving be identified in the fleet?

Identification must gather evidence and context. Maintenance records, accounts of what happened, occurrences, inspections and operational indicators can point to a situation deserving analysis, but do not replace investigation of the facts.

In maintenance control, assess what deviates from the planned standard, which services recur and which technical explanations were recorded. In driver management, make clear the procedures, the expectations and the criteria for keeping track of drivers, without turning goals into incentives to hide issues.

Telemetry and monitoring solutions available on the market can record events such as speed, idling, acceleration and braking. When a company uses these resources, the data must be compared with road and activity conditions before characterizing behavior as dangerous.

A conversation with the driver, a vehicle check and cross-checking records allow a better understanding of the episode. This makes corrective or educational action fairer and more useful for prevention.

How can good driving practices be encouraged?

Good practices start with ongoing guidance. Training, such as defensive driving, can cover risk perception, inspection, reporting occurrences and the procedures the company expects in each type of operation.

The driver needs real conditions to follow these practices: organized working hours, a roadworthy vehicle, a channel for reporting issues and a response when they report an issue. Demanding safety without providing processes and support weakens control.

Recognition programs or a driver ranking can be used cautiously, provided the criteria are clear and do not encourage incidents to be omitted. Learning from occurrences and keeping track of each driver individually tend to be more valuable than an isolated score.

To organize this routine, you can use a driver control spreadsheet. Download the template developed by Prolog (in Portuguese) and adapt it to your operation’s procedures.

Sources consulted

• Planalto — Law No. 9.503/1997, Brazilian Traffic Code: consolidated text consulted for arts. 173, 174, 175, 258 and 259.