Judge Josué Vilela Pimentel, from the 8th Public Finance Court of São Paulo, denied an injunction filed by 99 and maintained the ban on motorcycle taxi services in the city of São Paulo. The company, however, stated that it will continue to offer the service.
The service was launched last Tuesday (14) and, according to the city hall, goes against a municipal decree published in January last year.
“This Decree temporarily suspended the use of motorcycles for paid individual passenger transport via app in the Municipality of São Paulo. The petition also states that, through Ordinance SMT.GAB No. 002/2023, the Municipality created a working group to study, analyze and propose measures to regulate the activity of individual passenger transport by motorcycles, including in relation to legal entities who use applications to mediate the service”, says the judge.
In his decision, the judge added that “the conclusion of the aforementioned Working Group […] does not recommend the implementation of motorcycle transport in trips triggered through apps in the city. He bases his arguments on the particularities of traffic in this capital. This traffic, undeniably, cannot be compared to that of any other municipality in the country”.
When contacted, 99 stated that the decision “denied the injunction because it understands that there is, today, no concrete threat from the City Hall against the 99Moto service”.
“The judge did not analyze the merits of the legality of the service, which is fully supported by federal legislation. Therefore, the modality will continue to operate normally in the city. The company will appeal to the São Paulo Court of Justice to guarantee the rights of the company and its drivers and users”, concluded the company.
(Under update)
