Services of bike taxi are prohibited in São Paulo until now: the São Paulo Court of Justice has ruled that the municipal law that imposes the ban is unconstitutional, so there is a good chance that the modality will be explored in the city soon, including via application.
Drafted by councilors Adilson Amadeu (PTB) and Antonio Donato (PT), the law was enacted in June 2018 by Mayor Bruno Covas (PSDB). The ban was based on the argument that motorcycle taxis are a dangerous mode of passenger transport and, consequently, can increase the number of traffic accidents in the capital.
However, for the State Public Ministry (MPE-SP), the city of São Paulo violates the Federal Constitution, as it is the competence of the Union to legislate on traffic and transportation throughout the country.
Unanimously, the Special Body of the São Paulo Court of Justice ruled that the action was well founded for considering that the prohibition violates mainly a federal law in force since July 2009 that regulates the profession of mototaxi along with that of motoboy.
For the Court of Justice, the City of São Paulo can define rules and supervise the mototaxi service, but not prevent the profession from being exercised in the municipality because there is already a federal law that authorizes the activity.
In note and on social networks, the mototaxi service by application Picap celebrated the decision. “We have always been convinced of the legality of the individual transport service with the use of motorcycles in accordance with federal regulations,” said the company. G1.
Of Colombian origin and present in Brazil since July, Picap had been considered a “clandestine” service by the City of São Paulo.
São Paulo’s bus companies disapprove of the release of a mototaxi
The Municipality of São Paulo has yet to comment on the matter, but the SPUrbanuss has already manifested itself: for Francisco Christovam, president of the entity that represents the main bus companies in the city, mototaxis can further mess up the city’s transport network.
In an interview with Shipping Diary, Christovam said that mototaxi services should increase the number of traffic accidents in São Paulo and defended that public transport should be prioritized:
“We have public, collective transport, this needs to be encouraged, stimulated. It is the responsibility of the City Hall and the State to offer collective and not individual transportation systems, ”he declared.
It is worth remembering that, last year, SPUrbanuss took a stand against Uber Juntos because it understands that the modality offers “predatory competition” in public transport.
Union of Fast Delivery Companies is also manifesting
For the Sedersp (Union of Fast Delivery Companies of the State of SP), the overturn of the law “will be a catastrophe in relation to the safety of the motorcyclist, his rump and society in general, since the two-wheel sector is still very needy public policies, for example, the fast delivery applications that often act in breach of the law (12.009 / 09), without providing full assistance to its employees ”.
Updated at 17:45 to include Sedersp’s positioning.