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Rio de Janeiro bans extra air-conditioning fees for ride-sharing customers

2 mins read
January 10, 2024

Air-conditioning surcharges on ride-sharing services, considered abusive by the consumer protection service, are no longer legal in the State of Rio de Janeiro, Brazil.

Air conditioning car uber vtc
Ride-sharing apps in Rio will not be able to charge for air-conditioning| © Jackson David

In Rio, all chauffeur-driven vehicles will have to be air-conditioned. The definition of the law, published in the Official Gazette on Monday, prohibits the drivers of these cars from charging an additional fee for the use of air conditioning.

Drivers have been activating air conditioning only when users book their trip in a higher category and, therefore, at a higher cost.

To prevent non-compliance, the text stipulates that cars with faulty air conditioning will have to temporarily leave the platform. “Until app-based passenger transport service platforms are able to provide clear information on the use or non-use of air conditioning in all available service categories, all service vehicles must circulate with air conditioning, without additional billing for the consumer, regardless of the service category contracted,” says an extract from the resolution.

Interviewed by Brazilian media outlet O Dia, Léo Xavier, 46, a driver for ride-sharing services for the past ten years in the state of Rio de Janeiro — home to some 15,000 professionals in the sector — acknowledges that the use of air conditioning is important not only for passengers, but also for drivers who work up to 12 hours at a time in high temperatures.

He also claims that drivers are being hit hard by the difference in fares charged by the apps, which have failed to adapt pricing in response to rising fuel prices.

Many colleagues choose to drive with the air conditioning off to cut losses and make a profit at the end of the day. We’re also penalized when we work without air conditioning, which no one wants, but the fare is outdated. How long has it been since there’s been an increase? There’s been an increase in the price of fuel, but there’s been no increase in our fares,” he declares.

Extremely high temperatures in November

Some passengers understand drivers’ complaints about higher fuel prices due to air conditioning. However, they don’t think it’s fair to spend time in the heat either. “Rio de Janeiro is a very hot city where you quickly feel out of breath. It’s even truer with a small child. It’s complicated,” said Rafael Pardal, a ridesharing user interviewed by Globo.

Indeed, the Brazilian megalopolis regularly records record-breaking heat. Last November, the felt temperature even reached 58.5°C (137F). During this month’s heatwave, a 23-year-old woman died after collapsing while queuing to enter the stadium to attend a concert by American star Taylor Swift. According to the autopsy report published the week after the incident by Brazilian media, her death was the result of heat exhaustion.

Driver Marcos Tinoco Câmara, 45, has been working with ride-sharing apps for five years. Speaking to O Dia, he recalls that when he started working in the industry, it was compulsory for cars to be equipped with air conditioning. “The only problem is that costs have gone up and we’re not making a profit. The money we earn in a day’s work is sometimes spent entirely on gas,” explains Câmara, who has not given up using air conditioning during working hours.

The Brazilian Association of Mobility and Technology (Amobitec), which counts Uber and Brazilian ride-sharing app 99 Taxi among its members, commented on the Rio de Janeiro Consumer Defense Bureau’s resolution, saying that partner drivers should agree with passengers to use air conditioning, “with a view to the best mutual comfort, regardless of the type of vehicle rented in the app.” It also said that drivers are the ones providing the service to passengers, so companies cannot force them to turn on the equipment.

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Julie Carballo

Julie Carballo is a journalist for Newsendip.

She used to work for the French newspaper Le Figaro and at the Italian bureau of the international press agency AFP.