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City Hall will sue the court to make the use of the helmet mandatory for …

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City Hall will sue the court to make the use of the helmet mandatory for ...

The City of Sao Paulo published in the official daily this Thursday (31) a new regulation for the use of electric scooters powered by digital platforms. Many rules had already been established in previous discussions.

The resolution says nothing about wearing helmets. The City Council defends their compulsory use, but the Court has already ruled that it is not up to the municipality to regulate this, but to the federal government, through the National Traffic Department (Denatran). The Attorney General of the Municipality will now try another action in court so that the City can also decide on the security item.

Among the established rules are the speed limit of 20 km / h and the definition of the places where traffic will be allowed.

The new decree sets as a novelty the collection of companies of $ 0.20 for each race and a monthly fee of $ 30 per scooter. It was also defined the creation of parking lots and pockets to collect the street scooters.

This charge is one of the main changes compared to the previous decree, published in August by the City. Until then, the use of electric scooters responded to a provisional regulation decree published on May 13. The new document suspends the previous one.

The providers of the electric scooter sharing service will have a 60-day period, starting this Friday (1st), to comply with the new regulation. Companies that do not comply with the rules will be fined.

In a note, Grow, owner of Grin and Yellow shared scooter and bicycle brands, said that "its operation in Sao Paulo has not undergone any immediate change, since the municipal decree established a 60-day deadline for the adaptation of companies and users to the new regulation "(see full note below).

Scooters will only be allowed to circulate on cycle paths and lanes, roads with a maximum permitted speed of up to 40 km / h and streets intended for leisure under the Open Streets Program.

The maximum allowed speed when using scooters is 20km / h. In the first 10 races of each user, however, the maximum allowed speed is 15 km / h.

The decree prohibits the use of scooters by users under the age of 18.

The scooter should have speed indicator, bell and night signaling, front, rear and side, incorporated in the equipment.

The decree emphasizes that the equipment is intended for individual use only. Passengers, animals and loads above 5kg are prohibited.

To operate, the company must be duly accredited and have obtained authorization to park the scooters in the locations established by the Municipality, in a manner disciplined by the Municipal Road Use Committee (CMUV).

The company must make the scooters available at stations located in public roads and public places, previously registered and approved by the public administration.

Users will not be allowed to return electric scooters outside of stations or outside parking spots. Parking will be allowed on cycle or lane-independent roads, regardless of the regulated speed, or on lane-free or cycle-lane roads with a speed less than or equal to 40km / h under the following conditions:

  • on sidewalks wider than 2.5 m in the service lane;
  • in squares, islands and central flowerbeds, should not interfere with pedestrian circulation, safeguarding an area with a minimum width of 1.5 m, for free pedestrian movement;
  • on the track, observing the places properly marked for this purpose. Depending on the group, the time is 3 hours or 6 hours to remove and take the scooter to the station.

Only Micromobility Technology Operators (OTM) stations will be authorized in properly marked locations. It is also forbidden to have two modules in the same station.

The parking of electric scooters on bike lanes and lanes, in public lawn and garden, in front of the pedestrian crossing or lowered guide of entry and exit of vehicles and of disabled person with impaired mobility will be forbidden.

The publication of CMUV Resolution No. 22 renders the Provisional Regulation regarding electric scooters ineffective (Decree No. 58.750, of May 13, 2019) and the lawsuit prohibiting the City Hall from requiring the use of a helmet for users. of scooters.

Mayor Bruno Covas determined that the Municipal Attorney General's Office (PGM) file a Declaratory Action asking the court to grant the city administration the possibility of regulating the use of helmets for scooters.

The City Hall's request is based on the actual cases of death and serious accidents that occurred in São Paulo, Brazil and abroad.

What the Traffic Code says

According to the National Traffic Department (Denatran), scooters must comply with the rules for "self-propelled mobility equipment" (with some type of motorization and the width and length of a wheelchair).

The Brazilian Traffic Code (CTB) provides that scooters ride only in pedestrian, cycle and lane traffic areas, not on streets.

It is also mandatory for the scooter to have speed indicator, bell and night signaling, front, rear and side on the equipment.

According to the agency, it is the responsibility of each municipality and the Department of Traffic (Detran) of the Federal District to regulate other rules on the circulation and parking of scooters.

Electric scooter: know how to ride

"Grow, owner of the Grin and Yellow scooter and shared bicycle brands, points out that its operation in Sao Paulo has not undergone any immediate changes, as the municipal decree established a 60-day deadline for companies and users to adapt to Any changes will be communicated in advance, in a transparent manner.

The company is analyzing each specific point of service regulation in the city. In general, Grow evaluates the text as positive. Grow emphasizes that it supports the measures planned for the organization of public space, essential for the good coexistence among all who share the city. The text also brings elements that contribute to the democratization of the supply of scooters in São Paulo. "

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