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The Supreme Court Overturned the Law That Prevented Motorcycle Taxis in São Paulo, Allowing the Service Across the State. The Decision Ensures Legal Security and Allows Municipalities to Only Regulate, Without Prohibiting, the Activity
The Supreme Federal Court (STF) overturned, on Monday (10), the state law that allowed municipalities in São Paulo to prohibit or restrict motorcycle taxi services. As a result, passenger transport by motorcycle is once again legal throughout the state of São Paulo, aligning with federal regulations and the major capitals of the country.
What Changes With the Decision
The STF’s decision recognized that only the Union has the authority to legislate on traffic and transport, invalidating any state restrictions. According to the rapporteur Alexandre de Moraes, the São Paulo law invaded this federal sphere. Thus, municipalities can only regulate the operation of the service, creating local operational rules — but they cannot prohibit it.
The São Paulo city hall, led by Ricardo Nunes, lamented the decision. The mayor argues that the release could increase the risks of accidents and deaths, as in 2024, 483 motorcyclists lost their lives in São Paulo traffic, even without the motorcycle taxi service in operation. The municipal administration has until December 8 to regulate the activity.
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Requirements to Work as a Motorcycle Taxi Driver
The passenger transport service on motorcycles is governed by the Federal Law No. 12,009/2009, which defines specific criteria for those wishing to work:
- Be at least 21 years old;
- Have a valid National Driver’s License (CNH) in category “A” for at least two years;
- Be approved in a specialized course for motorcycle taxi drivers;
- Wear a safety vest with reflective strips.
Motorcycles must also meet technical requirements:
- Installation of leg and engine protectors;
- Line trimmer fixed to the handlebars;
- Metal handles on the rear and sides for passenger safety.
Uber and 99 Follow Similar Rules
Mobility platforms, such as Uber and 99, already follow requirements aligned with federal legislation to allow the work of motorcycle taxi drivers.
In the case of 99:
- The motorcycle must have updated documentation;
- It cannot be rented;
- It must comply with municipal regulations (when they exist);
- There is no restriction regarding the model or age of the vehicle.
At Uber:
- The motorcycle must be regularized and have updated documentation;
- The use of rented motorcycles and those with red plates is prohibited;
- Only motorcycles with a seat intended for the passenger are accepted.
Despite the limitations, the 10 best-selling motorcycles in Brazil in 2025 are allowed for the service. Among them: Honda CG 160, Honda Biz, Honda Pop 110i, Honda NXR 160 Bros, Mottu Sport 110i, Yamaha YBR 150, Honda CB 300F, Honda PCX 160, Yamaha Fazer 250, and Shineray XY 125.
National Expansion of the Service
According to the IBGE, the motorcycle taxi is already a reality in 2,925 of the 5,570 Brazilian municipalities, becoming the third most popular urban transport mode in the country, behind only taxis and vans. In 21 cities, it is the only available transport service.
The service is present in all states, with highlights in the North and Northeast, where it represents an essential mobility alternative for hard-to-reach areas with low investment in public transport.
What Mobility Companies Say
The Brazilian Association of Mobility and Technology (Amobitec), which represents companies like Uber and 99, celebrated the STF’s decision. In a statement, the entity stated that the ruling “brings legal certainty to São Paulo and all of Brazil” and reinforced that the service is a private and legal activity, governed by the National Urban Mobility Policy and Federal Law No. 13,640.
“Platforms have legal authorization to operate throughout the national territory. It is up to municipalities to regulate the activity, not prohibit it,” emphasized Amobitec.
With the new decision, São Paulo joins again with major capitals that allow motorcycle taxi services, such as Fortaleza, Recife, and Porto Velho, where passenger transport on two wheels has already become part of urban routine.
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