RIO DE JANEIRO, BRAZIL – The Court of Appeals of São Paulo state ruled unconstitutional a municipal law of May 2018 that banned motorcycle taxi service in the city of São Paulo. The Court’s Special Panel found that the City Council and Mayor, by approving and sanctioning the law, misused a power to legislate on traffic, which is exclusive to the federal government.
The law had been in force since June 6th, 2018 and anyone caught violating the rule was liable to a fine of R$1,000. The motorcycle would be seized in case of recurrence. Now the service is again permissible in São Paulo.
A 2009 federal law, enacted by then-president Luiz Inácio Lula da Silva, regulated the motorcycle taxi driver and motorcycle courier professions throughout Brazil but left it to city councils to establish regulations for the service, which had not yet happened in the capital.
The city councilmen claim that the law is required to ensure the safety of citizens, justifying their approval of the São Paulo law. They point out the high number of accidents with fatalities involving motorcycles and also the number of people who were left with consequences after the accidents.
The action taken against the law was proposed by the State Prosecutor General on May 25th, 2019, claiming that the text, sponsored by two city councilors, violates several articles in the Federal Constitution, among them the federal government’s prerogative to legislate on traffic throughout the country.
By a unanimous vote on September 11th, the Court of Justice’s Special Panel ruled in favor of the action. Since the final decision has not yet been published, the reach of the decision and on what terms the judges decided to repeal the law is yet unknown.
Federal regulation
Under federal law, only people over the age of 21 can be motorcycle taxi drivers in Brazil. Having a specific motorcycle driver’s license for at least two years is also required.
Professionals must work wearing a vest equipped with reflectors. Motorcycles will be required to install safety equipment such as crash bars at the front, ahead of the engine, and fenders, which must be inspected every six months, in addition to having special identification.
The municipalities were authorized by federal law to only regulate specific operating issues for these services, such as places of circulation and fares charged by motorcycle taxi drivers, who will now use red identification plates.