The number of motorcycles seized by the city hall of São Paulo because they are providing services through 99Moto, this number has reached 126 since the beginning of operations on the 15th. This Monday alone (20), until 11am, there were 20 seizures: seven in the South Zone; four in the West Zone; six in the East Zone and three in the North Zone.
Paid transport by motorcycle via app is prohibited by municipal decree of 2023. Individual paid passenger transport without authorization from the municipality is clandestine, according to laws 15,676/2012 and 16,344/2016. The ban is based on data on the increase in accidents, deaths and injuries resulting from the use of motorcycles in the city.
“The growth in accidents and deaths is proportional to that of the fleet, which has seen a 35% jump in the last ten years, from 833 thousand in 2014 to 1.3 million in 2024. The number of deaths grew 22% from January to November from 2023, with 350 deaths, to 427 in the same period of 2024, even with the Blue Belt and other important safety measures adopted by the city hall”, says the municipal administration in note.
Last Friday (17) the city council asked the court that 99 be fined R$1 million per day for insisting on offering its motorcycle taxi service, 99Moto, in the city. The Municipal Attorney General’s Office (PGM) is expected to decide this Monday.
Legality
Through a note, 99 said that it reinforces the legality of 99Moto’s operation, based on Law No. 13,640, of 2018 and claims that city halls can regulate and supervise the activity with specific requirements, but do not have the power to prohibit it. “99 will continue to defend the legality of the category and the rights of both the company and its users.”
The platform is also offering support to partner motorcyclists with the costs associated with illegal seizures carried out during São Paulo city hall blitzes. “All partner motorcyclists who have already contacted the platform about the issue are being served as a priority. Passengers involved in the trips will also have their rides reimbursed”, he highlighted.
Private activity
For the Brazilian Association of Mobility and Technology (Amobitec), the return of the debate on the legality of passenger transport by motorcycles mediated by digital platforms is strange, since the service is a private, legal activity, governed by the National Urban Mobility Policy, and supported by Federal Law No. 13,640.
“In this way, the applications have legal authorization to operate throughout the national territory, an understanding supported by 20 court decisions in the country. City halls are responsible for regulating and supervising the activity with specific requirements, but not prohibiting it. The same legislation establishes that the passenger transport service intermediated by applications does not fall into the category of individual public transport, such as motorcycle taxis”, says the association in a note.
Amobitec also disputes the analyzes that attribute responsibility for possible increases in motorcycle traffic accidents to applications. According to the entity, the approximately 800 thousand motorcyclists registered in Brazil with the three largest companies in the sector (99, iFood and Uber) represent 2.3% of the national fleet of 34.2 million motorcycles, scooters and mopeds, according to data from the Secretariat National Transit Authority (Senatran/2024).
“In addition, 53.8% of motorcyclists in Brazil do not have a license, totaling 17.5 million irregular drivers, according to Senatran. In the case of Amobitec members, 100% of drivers must have a driver’s license and regular documentation for their vehicles”, he highlights.
