City Council Sao Paulo Approved in the first round on Thursday 4, Draft law for regulation Transporting passengers by motorcycle in the capital, Sao Paulo. The text requires motorcycle taxi drivers to take a training course and use a red license plate on their vehicles. It also prohibits service in the expanded center and marginal areas, in addition to limiting it to days of severe storms (Read more below).
The motion was approved by 29 votes to eight. The original text of the draft was changed by the Chamber’s Constitution and Justice Committee (CCJ). The council removed the fee businesses had to pay to City Hall to be approved to provide the service.
The second vote on the proposal is scheduled to take place on Monday, the eighth of this month, when changes to the project will be analyzed by council members.
Since 2023, City Hall and companies Uber and 99 They are fighting in court over the launch of the service in the city. After the Supreme Federal Court (STF) decided which municipalities Cannot be blocked the Motorcycle taxiThe app-based carriers have announced the start of the service from December 11.
Court of Justice of São Paulo (TJ-SP) determined The city council is organizing the situation until next week. Mayor Ricardo Nunes (MDB) is still trying to undo the decisions.
Project
On Wednesday, the Chamber’s Subcommittee on Individual Passenger Motorcycle Transport presented the proposed regulations. See the main points:
Companies (such as Uber and 99) that provide the service need to:
- To be accredited by the City Council, a process that can take up to 60 days from the date of application for accreditation. Credentials are valid for one year;
- Obtain accident insurance, with coverage for driver, passenger and third parties;
- Submit a plan to establish rest points and parking lots for motorcycle taxi drivers;
- Allowing the service to be carried out only for drivers registered with the city council;
- Make data available to the City Council;
- You have a speed limiter in the app.
The motorcycle taxi driver must:
- Be at least 21 years old;
- Must have held a national driving license category “A” or “AB” for at least two years;
- Be registered with City Hall;
- Passing a specialized course in transporting passengers on motorcycles according to the National Traffic Council.
- Provide passengers with a helmet in good condition and a disposable hat;
- You have not had a very serious traffic offense in the last 12 months;
- They have not been convicted of murder, theft, rape, corruption of minors, against women on grounds of female sexuality or against sexual dignity;
- Be a regular contributor to INSS;
- Perform toxicity screening with a detection period of at least 90 days.
The motorcycle needs:
- You have a red license plate;
- It must not be more than eight years old since manufacture;
- It has metal back and side handles to support passengers;
- Engine power ranges from 150 cc to 400 cc;
- You have a string trimmer on your car’s handlebars.
- It is prohibited to transport passengers by motorcycle:
- In exclusive bus lanes and corridors;
- During severe weather events, such as storms, storms, reduced visibility, and flooding;
- On rapid transit routes, such as marginal roads;
- in the expanded position (areas where rotation is valid);
- In the area with maximum restrictions on truck movement (see here).
In the event of non-compliance, there may be a written warning, fine, suspension or cancellation of motorcycle taxi driver registration, and suspension or cancellation of the company’s accreditation. The fine for companies ranges from R$4,000 to R$1.5 million. If the violation continues, the fine may be set daily.
Discussion about the proposal
The Brazilian Mobility and Technology Association (Amobitec) – an entity that brings together 99, Uber, Lalamove, Buser, iFood, Zé Delivery, Amazon, Shein, Alibaba, Flixbus and nocnoc – criticized the bill. “It is unconstitutional, because it creates a set of restrictions that make it practically impossible to operate the service in the city of São Paulo by imposing restrictions on the driver, the motorcycle and the places of use,” he said in a memo.
The entity claims that the proposal attempts to stop the service by requiring prior approval from companies and motorcyclists, without a maximum period for extension of analysis by the city council – “allowing the municipality not to license any app or driver,” they claim. “In practice, it creates a disguised ban, which the courts have already rejected in unanimous decisions.”
Amobitec also claims that part of the requirements – such as the red light – are beyond the jurisdiction of municipal authorities. For example, federal legislation specific to transfer via applications. “Municipalities may not create disproportionate barriers, nor create rules not provided for in national legislation.”
Mayor Ricardo Nunes said on Wednesday that if he could not ban the service in court, he would sanction the bylaws. “I believe that the STF will reverse this situation and recognize my decree prohibiting this activity. We still have resources in court. If by chance we lose, the regulations will be published,” he told reporters.
The mayor argues that businesses cannot start service on the 11th. According to him, companies should wait for the STF decision. Even if the department loses, he says, it will have to meet regulatory requirements. “Our regulations stipulate training, stipulate red plate, stipulate registration, stipulate a series of safety standards to protect a person’s life.”
When asked, 99 and Uber did not comment. the condition I found that the companies plan is still to begin operations on December 11th.
The project rapporteur, Councilor Paolo Frang (MDB), from the Mayor’s Base, highlights that the project is the result of eight months of work by the Motorcycle Taxi Subcommittee, 17 group meetings, two public hearings, testimony from more than 50 experts, corporate spokespersons and authorities, and a 650-page report. “There was no lack of studying or trying to organize. We were looking for a technical solution. The most important thing is to have clear legislation, and to preserve life. Motorcycle taxi drivers need to work, they have to take the money home, but before that they have to get home.”
The chair of the subcommittee, Board Member Renata Falzone (PSB), stated that the bill approved by the college has already reduced the abuses that prevented the service from being available. “Paolo Franj’s original project was full of problems, in the sense that the city council could make the service useless due to bureaucracy or omission. We’ve removed all these loopholes, anything that harms drivers and businesses, and made it very viable.”
Company promises
Before introducing the bill, Uber and 99 announced measures they promised to comply with, regardless of regulation. Among the measures is the requirement that the driver be at least 21 years old, in addition to periodic personal training. See the announced measures:
- Data sharing – Transferring aggregated and anonymized information from each company to the public sector for mobility planning, road engineering, accident reduction, traffic education campaigns, and transferring intelligence and data to authorities, in accordance with data protection law;
- Driver’s certificate — The requirement that motorcyclists be at least 21 years old, in addition to having a driver’s license with EAR (performing a paid activity);
- Security training — Continuous training on defensive driving and good practices for motorcyclists, as well as periodic personal training, in partnership with recognized institutions.
- Equipment distribution Donating reflective vests, according to the companies, “to the most engaged drivers.”
- Monitoring and evaluation – Use technology to detect hazard patterns (such as speeding and sudden braking) to implement alerts, feedback, educational content and restriction policies. There will also be incentives to recognize and reward drivers who adopt safe practices.
The companies also stressed that drivers who display serious violations and dangerous behavior, such as driving on the wrong side of the road, will have their accounts deactivated. “If a motorcyclist does not respect traffic laws, he will first be subject to a 30-day corrective ban. If he does not improve his behavior, unfortunately, he will have to leave the platform, because we cannot have a service that violates safety rules and exposes users to danger,” said Irina Ferrari Cesare, Director of Government Relations at 99.