The São Paulo City Council approved in a second vote, this Monday (8), the bill that regulates the motorcycle taxi service in the capital. The text must now be sanctioned by Mayor Ricardo Nunes (MDB), who has until this Wednesday to regulate activity in the capital according to a court decision.
Among the 49 councilors who spoke, there were 32 votes for and 16 against, in addition to one abstention. The Chamber has 55 members.
The proposal, reported by Councilor Paulo Frange (MDB) and presented by the advisers of a subcommittee on the individual transport of people by motorcycle, gives the Executive the responsibility of defining the embarkation and disembarkation points and the perimeter within which trips can be made.
The version approved this Monday contains significant changes compared to the project approved last Thursday.
Among the substitutes, application companies must pay the fees for changing license plates that range from gray (private use) to red (vehicles used for paid transport of goods or passengers), in addition to paying for required training for motorcyclists.
The need to incorporate the board of directors opened the way to disagreements. Member of the subcommittee created to propose the project, councilor Renata Falzoni (PSB) voted against in the second round.
“Even though I worked hard for the project and for its approval in the first (vote), I did my best to improve the project. I am very sad about the opportunity we lost and today I am voting against it,” Falzoni said. “(The red sign) creates a bureaucracy that hampers municipal service and makes carrying out the activity impractical.”
The text establishes that companies are prohibited from offering bonuses to professionals, at the risk of encouraging increased speed among motorcyclists.
Another new feature is the rental of funeral assistance to cover costs in the event of death following accidents.
And the passenger, like the motorcyclist, must wear a reflective vest when traveling at night. Only users over 18 years old can use the service.
Members of the government base who voted in favor of the project emphasized that they were against this activity.
“I am against the regulation of motorcycle taxis, I am for life. But due to judicial regulation, I will vote for it,” said Sansão Pereira (Republicans).
The trend is that Nunes will sanction the project this Tuesday by imposing regulations. The text, however, provides for procedures to follow, such as taking and passing courses and changing your license plate, which can take months.
The project allows the town hall to have up to 60 days to evaluate all the documentation and, if necessary, request more documents before granting authorization to the motorcyclist to carry out the races.
To obtain accreditation, drivers must be at least 21 years old, have not committed any traffic offenses in the last 12 months and must not have been convicted of crimes against women and sexual dignity, theft and/or homicide.
Motorcyclists must present a toxicology test with a detection window of at least 90 days.
The proposal provides for tiered fines of R$4,000 and, at most, R$1.5 million for motorcyclists and demands, if they do not comply with these rules. Additionally, they are subject to suspension and revocation of their accreditation.
Representing the companies Uber and 99, Amobitec (Brazilian Association of Mobility and Technology) affirms that the bill aims to “block the start of the category by requiring prior accreditation of companies and motorcyclists, with an analysis period of up to 60 days and the possibility of unlimited extension of this period by the town hall, which allows the municipality not to authorize any application or driver.”
The text approved this Monday maintains vetoes on races in the expanded center and on expressways – such as avenues and marginal roads – as well as on bus lanes and lanes reserved for public transport and taxis.
It is possible that these corridors and lanes will be used at times when they are open to private vehicles, such as certain weekend periods.
In a note, the companies also claim that the requirements go beyond the legislation, making the operation of the service impractical with limitations on the driver, motorcycle and roads.
“For example, by requiring a red license plate for motorcycles operating in this modality, the project unduly equates the motoapp with the mototaxi, ignoring federal legislation specific to transport via applications,” the association declares in a note.
“In practice, this creates a disguised ban, already rejected by the Court, which, in unanimous decisions of the TJ-SP (São Paulo Court of Justice) and the STF (Federal Supreme Court), prevented local blockades.”
Point-to-point project
Driver
To obtain approval from the town hall, the professional must be aged 21 or over, hold a CNH (national driving license) category A and B and be registered as a taxpayer with the INSS.
Experience and training
Motorcyclists must have two years of experience and have completed a specialized course for transporting passengers on motorcycles certified by Contran (National Traffic Council). Applicant companies must pay for the motorcyclist course
Driver history
Motorcyclists cannot have committed any traffic offenses in the last 12 months or been convicted of crimes against women and sexual dignity, theft and/or murder. They must also present a toxicology test, with a detection window of at least 90 days
Accreditation
After receiving the application and the motorcyclist’s document, the town hall has 60 days to evaluate and grant accreditation, which will be valid for one year.
Motorcycle models and red license plate
- The motorcycles used must have been manufactured for a maximum of eight years, registered in the rental category (red plate) with an engine between 150 and 400 cc, or equivalent in the case of electric motorcycles. Application companies must bear the cost of changing license plates
- They must be equipped with rear and side metal handles intended to support the passenger; protection device between the legs and the engine attached to the motorcycle in case of tipping and thread cutter and thread cutter on the handlebar
Helmet and cap
Passengers are entitled to receive a disposable cap and helmet approved by Inmetro.
Application companies
- Through the app, companies must display driver identification, maintain a speed limiter and ensure insurance in the event of an accident. Companies must also guarantee support and rest points for motorcyclists.
- They must also commit to sharing with the city data on the origin and destination of trips, duration, route map, prices charged and evaluation of the services provided, as well as the recording of accidents.
- Apps must also present telemetric data indicating sections where there is a prevalence of risky traffic behaviors, including speeding and sudden braking.
Prohibited areas
- Racing is prohibited, according to the draft, in bus corridors and lanes, rapid transit routes – such as avenues and roads – and in the wider center.
- In the terminals and stations of the public transport system, the Executive will define the boarding and disembarkation points for passengers.
- The text provides for the possibility for the town hall to veto the circulation of motorcycle taxi drivers during unfavorable events such as intense rains, windstorms, low visibility and flooding.
Fines
Failure to comply with the law results in a fine ranging from R$4,000 to R$1.5 million.
Monitoring
The application of warnings, fines and the revocation of the accreditation of companies and drivers will be carried out by the town hall, which will have to supervise the service.
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