The mayor of São Paulo, Ricardo Nunes (MDB), sanctioned, this Wednesday (12/10), the law which regulates the paid transport of passengers by motorcycles – the so-called mototaxi and motoapp services. The law was published in the Official Gazette without any veto on the project approved by the São Paulo City Hall last Monday (12/8).
Thus, the service is free in the city, provided that companies and motorcyclists comply with the requirements of the law. However, in practice, as the legislation provides for a series of restrictions, such as accreditation which can take 60 days to be analyzed by the municipal management, companies still do not have immediate authorization to operate in the capital of São Paulo.
The law in a hurry
The law was published in haste and against the wishes of the mayor, while the court demanded that the municipality of São Paulo regulate this type of transport. Nunes says the service could increase the number of road accidents and cause passenger deaths, and has denied permission for companies like Uber and 99 to offer this model in the city.
The application companies, however, defended in court that it was not up to the municipal administration to authorize or not the service, a competence which would be exclusive to the federal government. Ultimately, the court accepted the arguments and ordered the town hall to regulate the service.
The restrictions imposed by the regulations are expected to lead to legal action by companies, which had already expressed their dissatisfaction last week. Uber and 99 announced in November that they would start operating from December 11.
Main points of the law
- Motorcycles must have red boardas for urban taxis. The costs of issuing and installing the plate will be borne by the operating companies.
- Motorcycles cannot travel on rapid transit routesnor in exclusive bus corridors and lanes, cycle paths or cycle lanes.
- The law also prohibits service in days with “reported adverse events”like intense rain and gales.
- Motorcyclists must have at least 21 years old and license in category “A” or “AB”with at least 2 years of issue, and mention of Paid Activity – EAR.
- Companies must be accredited by the Town Hall and motorcyclists must also be registered.
- Personal accident insurance for passengers becomes compulsoryincluding coverage of funeral expenses.
- Cooperatives and associations may represent motorcyclists.
- Motorcyclists must specialized courses which must be financed by the companies themselves.
- Any form of remuneration that encourages greater speed to increase income.
- Passenger Reflective Vest will be mandatory and must be provided by the companies.
- Companies must share the real-time location motorcyclists for safety and inspection purposes.
Uber and 99 said on Monday that they have legal support to maintain the plan to start operating in the capital of São Paulo starting this Thursday (12/11).
“Our reaction is dissatisfaction with this, particularly because we were not heard during the process,” said Pedro Santos, head of public policy at Uber.
Director of government relations at 99, Irina Cezar said that the text approved in a second vote in the House is even more restrictive than the first. “The wording is very bad for motorcyclists and businesses. There is excessive bureaucracy on the red sign, which concerns motorcycle taxis, in public mode, not in private mode.”
“We need to do all the formal checks on this, understand a little better how the conversation with public authorities will be, but the Court guarantees the possibility of acting from the 11th,” Irina said.
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