The application companies Uber and 99 have given up offering the motorcycle taxi service from this Thursday (11) in São Paulo, after Mayor Ricardo Nunes (MDB) sanctioned the regulation of the activity with a series of obligations.
The decree imposes route requirements, license plate changes and grants the town hall a period of at least 60 days to accredit the motorcyclist. For companies that violate the law, the fine can range from R$4,000 to R$1.5 million.
Representing companies like Uber and 99, Amobitec (Brazilian Association of Mobility and Technology) said in a statement that it should appeal the law sanctioned by Nunes.
The entity calls the regulation illegal and says it is “a ban on riding motorcycles through an app.”
According to a court ruling, Nunes had until Wednesday to regulate the service. And the companies had already announced that, with or without regulations, they would offer rides again the next day.
“The legislation does not regulate the motoapp service in the city of São Paulo, but prevents its operation by responding to impossible requests that exceed legal limits,” says the association.
Among the measures sanctioned by Nunes and contested by the entity is the need to change the registration plate of motorcycles, which goes from gray (private use) to red (vehicles used for paid transport of goods or passengers).
Motorcyclists must also complete a specialized course for carrying passengers on motorcycles certified by Contran (National Traffic Council).
And once all the documents are ready, motorcyclists must wait for accreditation, which can take at least 60 days. The regulations provide that, if necessary, the town hall may request additional documents after this two-month period.
Amobitec also complains about the rule that allows service only for motorcycles with more than 150 displacement, which excludes owners of motorcycles with 125 displacement.
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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