SP Chamber approves project that bans motorcycle taxis in the center and requires a red license plate

The São Paulo City Council approved in the first round this Thursday (4) a bill to regulate the transport of passengers by motorcycles in the capital of São Paulo. The text requires motorcycle taxi drivers to take a course and use a red license plate on their vehicles. It also prohibits service in the expanded center and marginal areas, in addition to restricting it on days of intense storms (read more below).

The proposal was approved by 29 votes in favor and eight against. The original text of the project was changed by the Chamber’s Constitution and Justice Committee (CCJ). The board removed a fee that companies would have to pay to City Hall to be accredited to offer the service. The second vote on the proposal is scheduled for Monday, the 8th, when changes to the project will be analyzed by councilors.

Since 2023, City Hall and the companies Uber and 99 have been fighting in court over the release of the service in the city. After the Federal Supreme Court (STF) decided that municipalities cannot ban motorcycle taxis, app-based transport companies announced the start of the service from December 11th.

The São Paulo Court of Justice (TJ-SP) determined that the City Hall regulate the modal until next week. Mayor Ricardo Nunes (MDB) is still trying to reverse the decisions.

The project

On Wednesday (3), the Chamber’s subcommittee on the individual passenger transport service by motorcycle presented the regulatory proposal. See the main points:

Companies (such as Uber and 99) that offer the service need to:

• be accredited by the City Hall, a process that can take up to 60 days from the accreditation request. The credential is valid for one year;
• take out accident insurance, with coverage for the driver, passenger and third parties;
• present a plan for installing rest and parking points for motorcycle taxi drivers;
• only allow the service to be carried out by drivers registered with the City Hall;
• make data available to City Hall;
• have a speed limiting device in the app

The motorcycle taxi driver will have to:

• be at least 21 years old;
• hold a National Driving License in category “A” or “AB” for at least two years;
• be registered with City Hall;
• pass a specialized course for transporting passengers on motorcycles, in accordance with the National Traffic Council;
• provide passengers with a helmet in good condition and a disposable cap;
• not have a very serious traffic violation in the last 12 months;
• not have been convicted of crimes of homicide, robbery, rape, corruption of minors, against women for reasons of the female sex or against sexual dignity;
• be a regular INSS contributor;
• carry out toxicological examination with a minimum detection window of 90 days

The motorcycle needs:

• have a red license plate;
• be no more than eight years old since manufacturing;
• have rear and side metal handles for passenger support;
• have engine power between 150 cm³ and 400 cm³;
• have a line trimmer on the vehicle’s handlebars

The transport of passengers by motorcycle is prohibited:

• in exclusive bus corridors and lanes;
• during intense weather events, such as storms, gales, low visibility and floods;
• on rapid transit roads, such as marginal roads;
• in the expanded center (areas where rotation is valid);
• in the zone of maximum restriction on the movement of trucks

In case of non-compliance, there may be a written warning, fine, suspension or revocation of the motorcycle taxi driver’s registration, and suspension or revocation of the company’s accreditation. The fine for companies varies from R$4,000 to R$1.5 million. If the infraction persists, the fine may be set per day.

Debate on the proposal

The Brazilian Mobility and Technology Association (Amobitec) – an entity that brings together 99, Uber, Lalamove, Buser, iFood, Zé Delivery, Amazon, Shein, Alibaba, Flixbus and nocnoc – criticized the bill. “It is unconstitutional, as it creates a set of restrictions that, in practice, makes the operation of the service in the city of São Paulo unfeasible by imposing limitations on the driver, the motorcycle and the places of use”, he argues in a note.

The entity claims that the proposal attempts to halt the service by requiring prior accreditation from companies and motorcyclists, without a maximum period for extending the analysis by the city hall – “which allows the municipality not to authorize any app or driver”, they claim. “In practice, it creates a disguised prohibition, already rejected by the courts in unanimous decisions.”

Amobitec also claims that part of the requirements – such as the red sign – goes beyond the competence of the Municipal Authorities. For example, specific federal legislation for transport via apps. “Municipalities cannot create disproportionate barriers, nor create rules not provided for in national legislation.”

Mayor Ricardo Nunes stated this Wednesday that, if he is unable to ban the service in court, he will sanction the regulation. “I believe that the STF will reverse this situation and recognize my decree that prohibits this activity. We still have resources in court. And if, by chance, we lose, the regulations will be published”, he told journalists.

The mayor argues that companies cannot start the service on the 11th. According to him, companies need to wait for the STF’s decision. And even if management loses, he says, they will have to meet regulatory requirements. “Our regulations provide for training, provide for the red plate, provide for registration, provide for a series of safety criteria to protect the person’s life.”

When questioned, 99 and Uber did not comment. THE Estadão found that the companies’ plan continues to be to start operations on December 11th.

The project’s rapporteur, councilor Paulo Frange (MDB), from the mayor’s base, highlights that the project is the result of eight months of work by the motorcycle taxi subcommittee, 17 collegiate meetings, two public hearings, testimonies from more than 50 experts, spokespeople for companies and authorities, and a 650-page report. “There was no lack of study or attempt to regulate. We were looking for a technical solution. The most important thing is to have clear legislation, preserving life. Motorcycle taxi drivers need to work, they need to take money home, but before that they need to get home.”

President of the subcommittee, councilor Renata Falzoni (PSB) states that the bill approved by the collegiate has already cut excesses that prevented the service from being made available. “Paulo Frange’s original project had gotchas, in the sense that the city hall could make the service unfeasible due to bureaucracy or omission. We removed all these loopholes, anything that harmed drivers and companies, we made it very viable.”

Company promises

Before the bill was presented, Uber and 99 had announced measures that they promised to comply with, regardless of regulation. Among the actions, there is the requirement that the driver be at least 21 years old and also periodic in-person training. See the announced measures:

• Data sharing – Transfer of aggregated and anonymized information from each company to the public sector for mobility planning, road engineering, accident reduction and traffic education campaigns, transferring intelligence and data to authorities, in compliance with data protection law;

• Driver certification – Requirement that motorcyclists must be at least 21 years old, in addition to having a driving license with EAR (Performs Paid Activity);

• Security training – Continuous training actions in defensive driving and good practices for motorcyclists, in addition to periodic in-person training, in partnership with recognized institutions.

• Equipment distribution – Donation of reflective vests, according to the companies, “for the most engaged drivers”.

• Monitoring and valuation – Use of risk pattern detection technology (such as speed and sudden braking) to implement alerts, feedback, educational content and restriction policies. There will also be incentives to recognize and reward drivers who adopt safe practices.

The companies also highlighted that drivers who exhibit serious infractions and dangerous conduct, such as driving on the wrong side of the road, will have their accounts deactivated. “If the motorcyclist is not respecting traffic laws, he first goes through a correction block for 30 days. If he does not improve his behavior, unfortunately, he will have to leave the platform, because we cannot have service that violates safety rules and puts users at risk”, said Irina Frare Cezar, director of Government Relations at 99.