Unanimously, the First Section of the Superior Court of Justice (STJ) decided that the presentation of a negative result in a toxicological test is mandatory for the qualification and renewal of the National Driver’s License (CNH) of the autonomous school public transport driver.
The ministers analyzed an appeal filed by the Union against the decision of the Federal Regional Court of the 5th Region. In this case, drivers filed a lawsuit against the Federal Union and the State Department of Transit of Pernambuco asking for a declaration of the unenforceability of carrying out a toxicological test with a wide detection window.
The rapporteur, Minister Regina Helena Costa, explained that the legal requirement to carry out the exam was presented by Law 13.103/2015.
“The obligation to present a negative result in the toxicological test is linked to the qualification categories, and not to parameters associated with the professional activity, because in the “C”, “D” and “E” degrees, justifiably greater requirements are inserted in relation to the categories precedents, due to the physical characteristics and purposes of the vehicles involved”, he said.
Regina Helena Costa highlighted that the difficulties inherent to public school transport led the legislator to impose the demonstration of physical and mental skills compatible with the level of demand of the activity, such as the need for a license, at least, in category “D”, in addition to minimum age of 21 years, negative history of very serious infractions and approval in a specialized course.
“With Law 13.103/2015, the obligation to present a negative result of the toxicological test with a wide detection window was added – which is carried out only by laboratories accredited by Contran, through analysis of keratinic biological material provided by the donor (hair, hair or nails), to detect the use of psychoactive substances that compromise driving ability, with a minimum retrospective of 90 days, counting from the collection”, he said.
According to the rapporteur, the positive effects of the requirement are being observed in the accident rates in traffic by the action of drivers of passenger and cargo transport, because, according to the Federal Highway Police (PRF), the toxicological test has reduced accidents. involving trucks in 35%, and those related to buses in 45%, indicating that it is a strong instrument of traffic safety.
Source: CNN Brasil
