The position of Lukas Pavanato (PL) in the vote on the bill regulating the motorcycle taxi service has angered council members from his party. The Deputy Prime Minister of the São Paulo City Council, Gilberto Nascimento (PL), made this clear when he publicly complained about the “childishness” of Bafanato, who, according to him, was “clowning around”.
“When a council member comes in here and explains that he did what he did and even got rid of everyone by saying, ‘I’ve kept everyone on this advice since three o’clock in the afternoon. I’m sorry, you’re kidding, this is childish,” complained Councilor Gilberto Nascimento (PL), at the end of the session, on Thursday (5/11) night.
Pavanato, who from the beginning of the city’s motorcycle taxi debate had been in favor of allowing the service, spent his day relying on regulatory actions to obstruct work in the City Council and block a vote on text that came from the Traffic, Transportation and Economic Activity Committee to regulate motorcycle taxis.
After the bill was finally put to a vote, near midnight, and was approved in the first round by 29 votes to nine (17 members did not vote, a large number for such a controversial topic), an agreement was reached that the council members would withdraw their amendments, with a commitment to include them in an alternative for the second round.
Only Pavanato rejected the agreement, keeping the amendment. When it was put to a vote, Gilberto Nascimento announced directions for the Premier League bench to vote against it. “I don’t agree with it, I’m going to reject it, it’s bullshit,” he complained into the microphone. The discussion continued: “Forget it, my friend, you are provoking us. You did it because you wanted to. You actually did it, and made fun of everyone, saying that everyone stayed here because of you,” the PL leader complained.
Amid the rebuke, Pavanato returned to the microphone and announced that the agenda was being withdrawn. Then he justified his position throughout the day by saying that he was against the mayor’s project and not against the council members.
Restriction of blood circulation
The bill prohibits motorcycle taxis in lanes and lanes exclusive to buses, in addition to so-called rapid transit routes, according to Contran’s classification. The service also cannot be performed within the circulation zone, in the expanded city center, as well as in the zone of maximum truck traffic. The ban applies at any time of the day.
“At stations and stations of the urban public transport system of the municipality of São Paulo, the executive authority will determine the pick-up and drop-off points for passengers,” the project says.
Furthermore, the provision prohibits motorcycle taxis from operating “during declared adverse events, such as heavy rain, storms, reduced visibility, and flooding.”
“The project has flexibility so that we can provide and obtain the service in areas where the municipality understands that the risks are lower,” Franj said.
The enforcement association says the PL is unconstitutional
In a note published on Thursday (4/12), the Brazilian Mobility and Technology Association (Amobitec), which represents major app companies, such as Uber and 99, said that the bill is unconstitutional, because it imposes restrictions on trading.
In the group’s view, the restrictions, in practice, “make the operation of the service in the city of São Paulo impossible by imposing restrictions on the driver, the motorcycle and the places of use.”
“The text attempts to prevent the start of the category by requiring prior approval from companies and motorcyclists, with an analysis period of up to 60 days and the possibility of an unlimited extension of this period by the city council, allowing the municipality not to authorize any application or driver. In practice, it creates a disguised ban, already rejected by the courts, and which in unanimous decisions of the TJ-SP and STF prevented the local ban,” says the memorandum.
The association also points out that the text includes requirements that “exceed what is permitted by the legislation regulating this sport.” He cites as an example the necessity of a red license plate for motorcycles engaged in this sport. “The bill inappropriately equates motorcycle apps with taxis, ignoring specific federal legislation for ride-hailing,” he says.