The minister of the Federal Supreme Court (STF), suspended on Tuesday (20) part of the rules that regulate motorcycle transport via app in the city of São Paulo. The decision accepted the request filed by the National Confederation of Services (CNS).
According to the entity, the rules would be a “prohibition disguised as regulation”, as they created conditions such as the obligation to register the vehicle as “rental” (red plate) which, in practice, would make the activity unfeasible. Another point questioned is that which establishes prior accreditation within a period of up to 60 days, with the express provision that the lack of analysis by the administration prevents the service from functioning.
In a decision, the minister highlighted that municipalities can regulate minimum aspects of safety and inspection of passenger transport services, but without contradicting federal legislation or making economic activity unfeasible. In Moraes’ assessment, municipal regulations created disproportionate barriers to the exercise of private economic activity and exceeded the limits of municipal activity.
The decision also suspends provisions that equated private passenger transport via app to the public motorcycle taxi service. The minister highlighted that the has already established the understanding that transportation via apps is a private activity, protected by the principles of free enterprise and free competition, and cannot be prohibited or made unfeasible by local regulations.
The injunction suspended three sets of rules. The first deals with mandatory accreditation, which prevented the activity from starting until the city hall analyzed the request, even after the legal deadline. On this point, the decision determines that, after a period of 60 days has passed without a conclusive statement from the municipal public authorities, operators and drivers can begin their activities.
The second removes the requirement for a license plate in the “rental” category, understanding that this classification applies to individual public transport, and not to private transport via app. The third point involves devices that linked the activity to motorcycle taxi rules, despite the distinction made by federal legislation between public and private transport.
The decision also resumes the recent understanding established in a trial that the STF invalidated the law of the State of São Paulo that imposed restrictions on the transport of passengers by motorcycle. On that occasion, the Supreme Court reaffirmed that only the Union can legislate on traffic and transport and that requirements that create barriers to the operation of the service violate the principles of free enterprise and free competition, in addition to reducing the urban mobility options available to consumers.
*With information from STF Notícias
