A court decision prevented the City of São Paulo from fining Uber drivers who did not conduct a vehicle inspection. The company questioned the inspection before the São Paulo Court of Justice (TJ-SP) and obtained an injunction in its favor.
The City Hall requires two documents for drivers of services such as Uber, 99 and Cabify: Municipal Driver Registry (Conduapp), obtained after completing an online course, and Application Vehicle Safety Certificate (CSVAPP), released after inspection .
Drivers who do not have the documents can be fined R $ 5,100 and have the vehicle seized. If this happens, it is still necessary to pay R $ 673 for the removal of the vehicle and R $ 54.90 for the use of the yard of the Department of Public Transport (DTP).
After questioning Uber, Judge Randolfo Ferras de Campos said that the city cannot set new requirements for drivers beyond what is provided for in federal law. The vehicle inspection requirement and the fine for the lack of CSVAPP would therefore be undue.
“Both the Brazilian Traffic Code and the Federal Urban Mobility Law do not provide for vehicular inspection specifically for private vehicles intended for the private remunerated transport of individual passengers”, he concluded.
The judge cited a May decision by the Federal Supreme Court (STF) that found the disproportionate ban or restriction of services like Uber, 99 and Cabify unconstitutional through municipal laws.
According to the Folha de S.Paulo, the inspection of the City Hall reached almost 20 thousand cars used by application drivers since April. About 1,200 drivers were fined because they did not have the required documents.
While the injunction is in effect, Uber drivers in São Paulo cannot be fined for failing to carry out the inspection.
With information: Uber.