The Chamber approves the rules for motorcycle taxis in São Paulo

Among the rules are compulsory red registration plates on motorcycles used for the service, as well as on taxis, the ban on circulation in the Extended Center and the prior registration of drivers on a platform at the town hall, against payment of a fee for the files.

99 and Uber planned to resume the service from this Thursday (11), and now say that they will analyze the text, but that the Court guarantees them the right to explore the modal. One of the main complaints from businesses is that the project, in practice, makes modal unfeasible by requiring a red plate and prior registration, which may or may not be approved by municipal management.

The text was approved in the second round by 32 votes to 16. There was one abstention.

The proposal provides rules for app companies, drivers and motorcycles that will be used for the service, and gives the city hall up to 60 days to analyze the registration of drivers, who must be accredited on a municipal platform before registering on the apps.

The circulation of motorcycle taxis and motoapps in the wider center of São Paulo is prohibited, and on rapid transit roads, such as the marginales of Pinheiros and Tietê, Avenida 23 de Maio and Radial Leste, for example, motorcycles must have a red license plate, just like taxis.

The text also gives the Executive the prerogative to define the circulation perimeters of motorcycle taxis and motoapps and, in addition to the registration of requests, the accreditation of motorcycle cooperatives is authorized, which can benefit motorcycle taxi drivers who already operate clandestinely on the outskirts of the city.

For drivers, the rules are:

• Be at least 21 years old
• Prior registration on a platform which will be created by the town hall
• Need to present a criminal record showing that they have never been convicted of murder, theft, rape and corruption of minors and crimes against women.
• Presentation of the CNPJ, which can be intended for an Individual Microentrepreneur (MEI)
• Toxicological examination with a minimum detection window of 90 days
• Take a preparatory course to drive passengers
• Have a category A license, with at least two years of issue, and registration of paid activity with the CNH
• Wear a reflective vest

Motorcycles that will be used for paid passenger transportation must have:

• The Vehicle Safety Certificate (CSV)
• No more than eight years of manufacture
• Red plate (which must be paid by the applicant companies)
• Engine with a minimum power of 150 cc and a maximum of 400 cc
• Rear and side metal handles designed to support the passenger and leg and engine protection device, attached to the vehicle structure
• Be part of the models previously approved by the town hall

For businesses, the rules are:

• Obtain prior approval as a legal entity operating the transport of people by motorcycle, which must be paid at a rate to be defined by the town hall.
• Take out Individual Passenger Accident Insurance for each vehicle or driver registered on the platform, with cover for the passenger
• Provide a rest area for motorcyclists who provide them with service
• Renew registration each year
• Share location, in real time, with the town hall, including data such as average speed, destination and origin of trips, in an anonymized manner
• Pay for helmets and reflective vests for drivers and passengers
• Pay red license plate on motorcycles

In case of non-compliance with a rule, companies will be fined between R$4,000 and R$1.5 million, in addition to the suspension of their registration. Drivers involved in serious or fatal accidents will have their registration revoked and pay a fine of R$150 to R$700. The applicants may be held jointly and severally liable in these cases.

Throughout the day, several modifications to the project were presented and executive base leaders spent the entire afternoon negotiating to obtain enough votes for approval (at least 28 were needed).

For six months, the Subcommittee of the Individual Transport Service of People by Motorcycle discussed the subject and, last week, presented the first version of the regulation, but after a series of modifications made by the base of Nunes, the president of the commission, councilor Renata Falzoni (PSB) gave up signing the proposal and presented a new version. The most restrictive version prevailed, supported by the mayor.

motoapp legal battle

Motorcycle transportation in the capital of São Paulo is the target of a long legal battle that began in 2018, under the administration of then-mayor Bruno Covas, who even sanctioned a law banning this mode in the municipality, which was later overturned by the courts.

In 2023, Uber launched motorcycle passenger transportation service in the city, but Nunes issued a municipal order to suspend the mode, which was respected. Two years later, on January 14 of this year, it was 99’s turn to launch a similar service, even though the decree was in force.

99 and Uber have always relied on federal legislation to operate and have stated that it is not up to municipalities to ban this mode – they operate in other capitals of Brazil as well as cities in Greater São Paulo. The city of São Paulo took legal action and succeeded in blocking the motoapp application in January.