A bill in progress at the Municipality of São Paulo may compel application handlers like iFood, Rappi, Uber Eats and Loggi to comply with the rules foreseen for motofretistas. One of the changes would be the requirement that the bikes have a red sign, valid for paid transport vehicles. The proposal may have its first vote on Wednesday (17).
The switch to application delivery is foreseen in PL 130/2019, presented by councilman Camilo Cristófaro (PSB). The text provides that delivery applications must also follow the rules provided for in Municipal Law 14.491 / 2007, which regulates the activity of motofrete in São Paulo. Today, the rule applies only to companies with their own fleet and motorcycle courier cooperatives.
If the proposal becomes a law, delivery applications will be required to register “duly trained and regulated professionals, under penalty of joint and several liability in cases of accidents, death or disability”. In other words, motoboys would continue to be autonomous, but platforms would offer guarantees during the periods in which they rely on the services of these professionals.
AMABR (Association of Application Drivers and Autonomists of Brazil), which contributed to the elaboration of the project, told the Tecnoblog that the move would help delivery personnel to train themselves and thus reduce the chances of accidents. The entity’s legal director, Marcelo Marques da Costa, says that the project also offers support in case of unforeseen circumstances
According to him, the proposal offers “financial security, because the guy makes a ‘beak’ ad eternum and when he is unable to work he has no support from INSS”. AMABR also hopes that the changes will help to strengthen the category, which claims benefits such as tax breaks for the acquisition of new vehicles, as with taxi drivers.
What apps say
Amobitec (Brazilian Mobility and Technology Association), which represents apps like iFood and Uber, is against the approval of the project. In a note, the entity affirms that the proposal “reinforces an outdated model for not considering technological advances, the context of digitalization of services, the critical moment and needs that society is going through, nor the dynamics of capitals and municipalities”.
For Amobitec, the project creates a “market reserve” by imposing the use of the red sign for delivery personnel. According to the association, the measure will benefit few to the detriment of around 50,000 delivery personnel working in the city of São Paulo.
ABO2O (Brazilian Online To Offline Association), which represents platforms such as Rappi and Loggi, says that the bill is “an anachronistic attempt to create a market reserve for couriers with the so-called red sign and a series of bureaucracies”. The entity also states that the text does not contribute to “increase the security of application delivery personnel”.
“For this, ABO2O defends the use of technology to promote distance courses in traffic safety, free of charge, as well as the reduction of taxes on protective equipment and safety items”, says the association.
Updated at 20h20 on Wednesday (17) with the positioning of ABO2O.