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After months of public debates, meetings, protests and much controversy, the mayor Fernando Haddad announced on Thursday afternoon the release of the use of the application Uber in Sao Paulo city. A decree will regulate the activity that will include the creation of a new category, called “black taxi“. Haddad also informed that the city of São Paulo will release five thousand new permits for the individual transport of engers in a public notice that will be published in up to 60 days.
The new category will have its own rules. Ovehicles must have villas, aged maximum of five years, air conditioning and compatibility of the concept of taximeter with new technologies. Cars can only be requested by apps, such as Uber. One "black taxi” will not be able to travel through the bus lanes, operate at points across the city or pick up engers along the way, unlike what happens with common taxis.
Other differences include the tariff for the new category, which may be up to 25% more expensive to the one applied today in the common taxi and the value of the license that will be much smaller than what taxi drivers pay today. In addition, the new permits will have a fixed term of up to 35 years – period referring to the time of exercise of the profession, which would avoid the formation of a parallel trade in licences.
One of the city hall's objectives is precisely to combat the illegal taxi license market. With the new job offer, those interested in getting into the enger transport service are likely to prefer the new service, as it would be much cheaper than trying to buy a taxi license. The new licenses will be distributed giving preference to drivers who are already working.
The news did not please São Paulo taxi drivers, who fear that the regulation of the “black taxi” worsen working conditions. On Thursday afternoon, representatives organized a protest in front of the City Hall headquarters, blocking both directions of the Chá viaduct. The protesters prevented the public and the press from entering the city hall and – despite having started peacefully – there were riots and aggressions.
On the other hand, representatives of the Uber were also not satisfied with the regulation, since for the company the activity does not fit as “public individual transport“, alleging that the decree of the Municipality of São Paulo is unconstitutional, since the activity should be regulated by thethe guidelines of National Urban Mobility Policy (PNMU), established in the Federal Law 12.587/12, in force since April of that year. Check below the note released by the Uber:
Even with more than 900 emails sent by the population of São Paulo, Mayor Haddad sanctioned PL 349/2014, which is notoriously unconstitutional.
The City Hall announced today at a press conference that a decree will be published that obliges it to regulate new individual transport services of public utility within a period of 60 days, in line with the National Policy on Urban Mobility - PNMU (Federal Law 12.587 / 2012 ). As Uber's partner drivers provide the private individual transportation service provided for in the PNMU, Uber awaits this municipal regulation. Meanwhile, Uber continues to operate normally in São Paulo.
The decree also provides for the creation of a new category of taxis in the city, the black taxis. It is worth clarifying that Uber reaffirms that it is not a taxi company and, therefore, does not fit into any category of this type of service, which is individual public transport.
Despite initially appearing in favor of the Uber, the regulatory decree actually complicates the activity of drivers since, in addition to create a special category of taxis, the bill 349 / 2014 prohibits the remunerated transport of people by private cars - exactly what the Uber does. In addition, the distribution of licenses by lottery can throw thousands of drivers into illegality overnight.
In a city like São Paulo, the issue of urban mobility is one of the most urgent and relevant to be resolved. According to the president of SP Business, Rodrigo Piraja, a conservative estimate points out that the city would have space for fifteen thousand new vehicles that could work in the area of enger transport. Even in the face of this potential market, the parties involved seem to be far from an understanding. Worse for the paulistano.
