Current legislation limits the transportation of passengers on motorcycles, but a bill seeks to change this scenario.
Did you know that the law prohibits paid passenger transportation on motorcycles? This topic has recently gained prominence in discussions about transportation apps such as Uber and 99 Moto. Despite the growing popularity of these platforms, Brazilian legislation still does not allow motorcyclists to provide paid passenger transportation.
In a recent interview, lawyer Renato Campestrini drew attention to an important point: Brazilian legislation, in force since the approval of Federal Law No. 13.640 of 2018, restricts the paid transportation of passengers only to drivers with a category B license or higher. This automatically excludes motorcycles, as they are driven by those with a category A license.
Motorcycle rider cannot work with passenger transportation
According to Article 11-B of this law, private paid transportation requires, among other requirements, that the driver have a National Driver's License (CNH) suitable for vehicles with four wheels or more. Therefore, the practice of paid transportation of passengers by motorcyclists is considered irregular and subject to a fine, which in some regions can reach almost R$4.
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This restriction has generated heated debates, especially with the expansion of services such as Uber Moto and 99 Moto since 2021. The increase in the use of motorcycles for paid transportation raises the need for greater oversight, but also questions whether the law is aligned with the current demands of society.
Bill proposes changes
Bill 271/23, currently under consideration, aims to change this scenario for motorcycles. The proposal suggests a national regulation that includes motorcyclists among providers of individual passenger transport services. This change would allow drivers with a type A driver's license to operate legally in the sector, promoting greater accessibility and competition.
According to Congressman Amom Mandel, the exclusion of motorcyclists was a mistake in the current legislation. He believes that the inclusion of this category will bring significant benefits, such as:
- Increased availability of accessible transport;
- Expansion of the number of service providers;
- Encouraging the collaborative economy.
If approved, the project could directly impact cities, increasing mobility and reducing costs for users.
As the debate progresses, it is essential to understand that the law prohibits paid passenger transportation on motorcycles, but pressure for a review of this rule is only growing. The approval of Bill 271/23 could transform the market urban transport, balancing safety, accessibility and innovation.