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The law prohibits motorcyclists from using their motorcycles to act as Uber or 99. The fine for offenders can reach R$4 in some regions.
One of the federal law almost forgotten by app drivers prohibits motorcyclists from providing paid private passenger transport in Brazil, a rule that still surprises many users and drivers.
Since the start of the motorcycle service on Uber and 99, in 2021, the practice has become popular, but it comes up against a rule that few people know about and that can result in heavy fines for those who defy the legislation.
Regulation and the role of category B
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A Federal Law No. 13.640/2018, sanctioned three years after Uber's entry into Brazil, defines that only drivers licensed in category B of the driver's license or higher are able to transport passengers for profit.
This category, intended for vehicles with four wheels or more, automatically excludes motorcycles and other vehicles that require a category A license, such as motorbikes and scooters, from the paid transportation of people.
This restriction aims to ensure passenger safety, considering that motorcycles, classified as less safe vehicles, have a greater risk of traffic accidents.
According to experts, this measure protects both users and drivers by restricting the service to vehicles considered more robust and safe.
Debate among experts brings to light risks and illegalities
The legislation was the subject of a debate broadcast by Rádio Jornal, which brought to light the risks and legality of motorcycle services via apps.
Lawyer specializing in traffic and urban mobility, Renato Campestrini, highlighted that many municipal administrations are still unaware or ignore Law 13.640, applying it in a limited or omitted manner.
Campestrini pointed out that category B, required for paid passenger transport, exclusively covers vehicles with four wheels or more, leaving motorcycles, which require a category A license, outside of this regulation.
Also participating in the debate were the prosecutor of the Public Ministry of Labor in Pernambuco, Vanessa Patriota, and the journalist Roberta Soares, specialist in mobility and editor of the Mobilidade column of Jornal do Commercio.
The discussion highlighted how regulation is becoming increasingly relevant in light of the increase in traffic accidents involving motorcycles in Pernambuco and the rest of the country.
Paid transportation on motorcycles is illegal
The use of motorcycles for private paid passenger transport is, according to the law, an irregular practice that can result in significant fines.
As highlighted by Campestrini, section I of Article 11-B of Law 13.640/2018 reinforces that drivers licensed in categories lower than B are not legally permitted to carry out the paid activity of private transportation.
In other words, paid transport carried out by motorcyclists without category B is classified as clandestine.
In many regions of Brazil, the practice of irregular transportation is monitored more strictly, resulting in heavy penalties.
In the Metropolitan Region of Recife, for example, the fine for those who break the rule can reach almost R$4, according to information gathered by Folha de S. Paulo.
The conditions established by Law 13.640/2018
Article 11-B of Law 13.640/2018 establishes some fundamental conditions for the driver to be able to offer the paid private passenger transport service:
- Driver's license category: The driver must have category B or higher, which requires four wheels or more and qualifies the driver to carry out paid work.
- Vehicle requirements: The vehicle must meet specific age and characteristics requirements required by the traffic authority and the municipality.
- Documentation and background: The driver must present an updated Vehicle Registration and Licensing Certificate (CRLV) and a certificate of no criminal record.
Operating the service without complying with these rules, whether at municipal or federal level, characterizes the transport as illegal.
Role of public authorities and the challenges of oversight
Campestrini suggests that federal legislation can serve as a basis for public authorities to confront the irregular activity of Uber and 99 Motos, seeking to reduce the number of traffic accidents involving motorcycles.
For him, the increase in the number of accidents, which are now defined as accidents according to the Brazilian Traffic Code (CTB) and the Brazilian Association of Technical Standards (ABNT), justifies more forceful action by municipal administrations, responsible for local regulation of paid transport.
Prospects for the future and security
Although Uber and 99 Motos have popularized passenger transportation on motorcycles, the service faces obstacles in terms of regulation and safety.
The growth of this form of transport in Brazil is associated with increased convenience and savings for passengers and drivers, but it also brings challenges for traffic safety.
By allowing motorcycles to carry passengers, the safety of both parties is threatened.
Experts warn that, without proper supervision, the increase in motorcyclists working illegally to transport passengers could have a significant impact on the number of accidents, especially in dense urban areas.
Will municipal governments be able to strictly monitor paid transportation by motorcycles to reduce traffic accidents?
In fact, the main objective of this Law is not to contribute to reducing the number of accidents, since the risks involved in transporting passengers by motorcycle do not change whether or not it is paid. In fact, this Law serves the interests of sectors of the economy that feel harmed by a cheaper alternative for the average citizen, as well as for the pilot, who earns a significant portion of the daily earnings from other forms of regular transport. The authorities have never been concerned with collaborating with the well-being of society, but rather with acting in favor of diverse interests, which conflict with the needs of the average citizen. The government and authorities place the financial interests of certain sectors above the needs of a source of income for the average population, especially in a scenario of economic challenges for everyone.