Mayor Ricardo Nunes stressed last week that motorcycle transportation is a risk to the population, as there are high rates of death and accident; Companies reinforce not having committed any offenses
The 2nd Police Station of the Division of Crimes Against Administration, linked to the Department of Citizenship Protection Police (DPPC), established a police inquiry to investigate possible disobedience crimes committed by and by the motorcycle taxation in São Paulo. The information was confirmed by the State Public Security Secretariat. The action was made based on the criminal news presented by the City of São Paulo on Wednesday (22). “The City Hall presented a criminal news against the company 99 for breaking the Municipal Decree 62.144/2023, which has been suspended since 2023 the paid passenger transport by motorcycles using applications in the city,” said the municipality. It also requested, within the scope of the public civil action, that all measures taken against 99 were extended to Uber, which has already been notified by the Municipal Road Use Committee.
“Crye news will also be presented against Uber to police authorities,” he said in a statement. The Uber application resumed the Uber Moto operation on Wednesday, less than 24 hours after the court denying the City Hall’s request to fine 99 by the motorcycle taxation, which has been offered by the platform in parts of the city since Tuesday last week. As the mayor (MDB) said last week, motorcycle transportation is a risk to the population, as there are high rates of motorcycle deaths and accidents. The municipal management tried to block the offer in court, but did not have the request fulfilled. Transport companies say, in turn, they offer safety conditions for passengers and motorcyclists and the activity is supported by federal law.
According to the SSP, the company’s representatives and the other parts involved will be heard soon. In a statement, 99 said it has not yet been notified of the opening of the investigation, but reinforces that no crime was committed and the complaint has no foundation. “The request made by the city is a smoke curtain so as not to discuss the fact that 99Moto is allowed by Brazilian law in the city of São Paulo,” said the company. Previously, 99 had already said that there is support for the National Urban Mobility Policy, which allows the private individual -mediated passenger transport service, including cars and motorcycles. 99Moto operations are for now out of the expanded center. The idea is to gradually expand the modality by the capital.
In turn, Uber, which also started to offer the sport outside the expanded center of the city, said that who will be responsible for the sector is the Brazilian Association of Mobility and Technology (AMOBITEC). Sought, the entity reiterates that there is no crime committed or disrespecting any court decision by the associated companies 99 and Uber due to the offer of passenger transport service by motorcycles via applications. “The service offered is a legal, legal activity, governed by the National Urban Mobility Policy, and supported by Federal Law No. 13,640. Thus, applications have legal authorization to act throughout the national territory, understanding supported by dozens of court decisions in the country.
Therefore, there is no crime in the activity and such attitude of the City of São Paulo constitutes an illegal persecution of the applications, ”said AMOBITEC. AMOBITEC also disputes the analyzes considered unfounded that attribute to the applications the responsibility for any increases of traffic accidents by motorcycles. “It should be noted that the approximately 800,000 motorcyclists registered in Brazil in the three largest companies in the sector (99, Ifood and Uber) represent only 2.3% of the national fleet of 34.2 million motorcycles, scooters and mopeds, according to Data from the National Traffic Secretariat last year, ”said the entity.
In defense, platforms also claim that there are court decisions that point to the municipality as responsible for regulating the service, but not entitled to ban it. Given this, Nunes Management has been conducting inspections on the streets and avenues of São Paulo. For experts, the government needs to dialogue with companies and bikers to create a regulation about the service.
*With information from Estadão Content
Posted by Matheus Lopes