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Federal court docket dismisses Type and Bueno to function constitution journeys solely in closed circuit » Diário do Transporte

ANTT could attraction; Corporations work with bus functions

ADAM BAZANI

For 2 consecutive days, Decide Ricardo de Castro Nascimento of the seventeenth Federal Civil Court docket of São Paulo heard the criticism of two constitution bus corporations and ordered the ANTT (Nationwide Land Transport Company) to not forestall two constitution corporations from working the open circuit mannequin, whose passengers are tracked by functions and web sites.

The primary determination dates from July 19, 2022 and advantages the Type Bus Agência de Viagens e Turismo Ltda from Santos on the São Paulo coast.

The next day, July 20, 2022, the corporate Bueno Turismo e Transportes Ltda from Goiânia was favored.

Regardless of the preparations of various procedures, each selections are very comparable.

Closed Circuit is the constitution mannequin the place the spherical journey is operated by the identical group of passengers who know one another and lease the bus. For instance, visiting believers in a big non secular temple.

With the open route, it’s not obligatory for the passengers to be the identical on the outward and return journeys, everybody buys their journey individually and doesn’t even know one another.

The sort of journey is obtainable by cell functions and web sites.

In keeping with Regulation 27 of the ANTT (Nationwide Land Transport Company), constitution corporations are solely allowed to function the closed circuit.

The open route, based on the regulation, could be for the common line corporations who declare unfair competitors, because the utility buses can solely follow decrease fares as a result of they don’t carry free of charge (aged individuals, individuals with disabilities and low-income college students). They solely make worthwhile connections, do not depart if the buses are lower than 30% full, do not pay bus terminals, amongst different obligations to which the road corporations are topic.

Each selections have been revealed this Monday, August 1, 2022 by the Brazilian Affiliation of Collaborative Charterers (Abrafrec).

The corporate’s president, Marcelo Nunes, celebrated, saying in a observe that the closed circuit demand was the pursuit of constitution corporations.

“Entrepreneurs on this transport and tourism sector are being prosecuted by the regulator over an anachronistic 1998 rule that stops charterers from getting probably the most out of their buses. The closed circuit rule must be reviewed as quickly as potential to deliver authorized certainty to our class.”

Within the fashion determination, Decide Ricardo de Castro Nascimento says that the evaluation made by ANTT was illegal, that the legislation doesn’t present for a distinction between open and closed circuit and that ANTT’s distinction is promoted by illegal normative acts (resolutions). lack of authorized assist.

Moreover, there isn’t a proof within the paperwork that the petitioner carries out common passenger transport or ticket gross sales. The petitioner solely makes use of digital platforms to arrange the journey demand of his clients and to optimize prices and alternatives. Stopping the petitioner from advising purchasers on digital platforms attributable to unauthorized transport means stopping the usage of new applied sciences created to increase and enhance the companies offered each to the corporate and to customers . On this context, the motion of ANTT is manifestly illegal in that it limits the motion of the petitioner, because the legislation doesn’t present for a distinction between open and closed circuit transport. The differentiation promoted by the ANTT by unlawful normative acts (resolutions) has no authorized foundation, because it offers for differentiated therapy of conditions handled in the identical approach.

However the foregoing, I GRANT the appliance for an injunction to remain Administrative Offense Notices Nos. 21042022 and 25042022 and order the enforcement authority to chorus from ordering the petitioner in charter-licensed automobiles to drive cohesive teams of beforehand recognized passengers or returning on the identical day of journey need to.

Within the Bueno determination, the identical choose emphasised that the usage of new applied sciences can’t be prevented, and reiterated the identical understanding he had in Type’s determination on the non-legal dedication of the excellence between closed and open circuits.

Underneath the phrases of the highlighted laws, there are two authorized necessities for conducting irregular land transportation: authorities approval and prohibition of ticket gross sales. The legislation says nothing concerning the potential distinction between open and closed circuit constitution journeys or imposes necessities alongside the strains of driving a “closed group of beforehand recognized people who should return to their fatherland on the identical day”. Moreover, there isn’t a proof within the information that the petitioner carries out the sale of tickets. The petitioner solely makes use of digital platforms to arrange the journey demand of his clients and to optimize prices and potentialities. Stopping the petitioner from advising purchasers on digital platforms attributable to unauthorized transport means stopping the usage of new applied sciences created to increase and enhance the companies offered each to the corporate and to customers . On this context, the motion of ANTT is manifestly illegal in that it limits the motion of the petitioner, because the legislation doesn’t present for a distinction between open and closed circuit transport. The differentiation promoted by the ANTT by unlawful normative acts (resolutions) has no authorized foundation, because it offers for differentiated therapy of conditions handled in the identical approach.

The ANTT (Nationwide Land Transport Company) can attraction.

Each selections solely profit Type and Bueno.

Adamo Bazani, transport journalist

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