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Ban on seizing cars in traffic stops: is it true?

Want to be able to drive around with peace of mind knowing that your car might not be impounded in a traffic stop? Keep reading and find out everything you need to know!

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Learn all about the ban on cars in police checkpoints and be prepared!

Carros apreendidos em pátio. Fonte: AdobeStock.
Cars impounded in a parking lot. Source: AdobeStock.

If you're a driver, you probably want to know if the ban on impounding cars during traffic stops is true, so keep reading this text and find out! 

Ultimately, this is a penalty that can seriously harm you if you're not prepared! In fact, you'll probably have to call a taxi or ride-sharing service if your car is impounded.

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To clear up your doubts, and those of many other Brazilians, we bring you this special article to help you understand everything about the subject: the prohibition of seizing cars in traffic stops. Let's go? Follow along!

What is seizure?

First, we must establish an understanding of what seizure is, which is, or in this situation was, a penalty stipulated by the Brazilian Traffic Code (CTB), in which the owner was deprived of possession for a determined period of time.

Since the vehicle (the car) was collected and transported to a yard or storage facility, and was kept by the agency that carried out the collection, it was necessary to pay for the vehicle's storage and other services, such as towing.

More measures to immobilize its possession.

Not only seizure, but also retention and removal are ways to detain your vehicle. So, learn a little more about these penalty measures and understand everything about the prohibition of seizure in traffic stops.

Retention and Removal

Carros retidos por apreensão em blitz. Fonte: AdobeStock.
Cars seized during a police blitz. Source: AdobeStock.

Impoundment involves immobilizing the vehicle to resolve the infraction. For example: The driver is driving with the headlights off, or not wearing a seatbelt. Does this mean I'm going to lose my car?

No! If it's something that can be fixed and resolved on the spot, such as confirming that all seatbelts are properly fastened and headlights are on correctly, then your vehicle will be cleared to drive freely.

Now, when it comes to vehicle removal, it's a little different. Why? Removal works almost like impoundment used to, before the current ban on impounding cars in traffic stops.

In other words, if your car is towed, it will only be returned to you after you pay any fines or other irregularities you may have incurred, including those related to parking on the property and the towing fees themselves.

Now that you understand how seizure, removal, and retention work, you'll understand exactly what's happening behind the ban on seizing cars in traffic stops.

Is it true that impounding cars during roadblocks is a ban? How does it work?

Posso ter o carro apreendido na blitz? Fonte: AdobeStock
Could my car be impounded at a police checkpoint? Source: AdobeStock

Vehicle seizure, unlike removal and impoundment, is not an administrative measure. In other words, until recently, seizure was a penalty stipulated by the Brazilian Traffic Code (CTB).

But it has recently undergone some changes. One example is Law No. 13,281, approved in 2016, which came into effect prohibiting the penalty of seizing cars during traffic stops.

Even so, this did not happen with other penalties such as suspension and revocation of the right to drive. In short, such seizure of the car in the blitz can only be done after going through a legal process, as with the fine.

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In other words, it's registered. They are requesting that the fine be paid within 15 days. And considering that it's only fair that everyone has the right to take steps to keep everything in order.

Even if there is an unforeseen financial setback, that was exactly the "helping hand" that was, and is being, given to the drivers. 

Otherwise, because of a small debt, which sometimes may not even be the driver's fault, it would be possible to lose the car. Not anymore.

The prohibition of seizing cars in blitz operations due to overdue IPVA (Vehicle Property Tax)

As you may know, IPVA stands for Tax on Motor Vehicle Ownership, and it must be paid annually when you own a car. 

But due to unforeseen circumstances, there may be a delay, leaving the vehicle owner unable to pay. If this happens, your car cannot be impounded!

On October 21, 2021, a Federal Law, Law No. 14.229/2021, was published prohibiting the seizure of cars with overdue taxes, that is, the IPVA (Vehicle Property Tax).

Because it is understood that seizure for late IPVA (Vehicle Property Tax) payments can be considered a violation of private property. In other words, your property does not have the right to be seized.

However, you will be issued a citation and have up to 15 days to settle your debts with the agency. That's it, after this, you shouldn't have any more doubts.

Now you are ready to drive without any problems or worries, but on the contrary, full of knowledge of your rights!

We wish you safe and responsible driving. And if you're looking for a cheap car, don't forget to check out the Detran car auction to find one! Access it below.

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