Federal court docket acquits Type and Bueno to make closed-circuit solely constitution journeys” Diário do Transporte

ANTT can attraction; firms are engaged on bus purposes

ADAM BAZANI

On two consecutive days, Choose Ricardo de Castro Nascimento, of the seventeenth Federal Civil Courtroom of São Paulo, heard the motion of two constitution bus firms and ordered ANTT (Nationwide Land Transport Company) to chorus from stopping two constitution firms from conducting excursions within the open circuit mannequin, if passengers are captured by means of purposes and web sites.

The primary choice is dated July 19, 2022 and is available in favor of Type Bus Agência de Viagens e Turismo Ltda, from Santos, on the coast of São Paulo.

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

Regardless of the dictates of various processes, each selections are very related.

Closed circuit is the constitution mannequin the place the spherical journey is carried out by the identical group of passengers, who know one another and rent the bus. For instance, a go to by the trustworthy to a big spiritual temple.

Within the open circuit, it’s not obligatory that the passengers on the way in which are the identical as on the way in which again, every one buys his journey individually and doesn’t even know one another.

This kind of journey is obtainable by cellular purposes and websites.

By regulation 27 of ANTT (Land Transport Company), constitution firms can solely do the closed circuit.

The open circuit, in response to the regulation, can be for the common line firms alleging unfair competitors, because the software buses can solely apply decrease costs as a result of they don’t transport totally free (aged, disabled and college students with low earnings). they solely make connections that make a revenue, don’t go if the buses have lower than 30% occupancy, don’t pay bus terminals, amongst different obligations the road firms are topic to.

Each selections had been launched on Monday, August 1, 2022 by the Brazilian Affiliation of Cooperative Charterers (Abrafrec).

The president of the entity, Marcelo Nunes, celebrated with the assistance of a be aware, saying that the demand for the closed circuit is the persecution of constitution firms.

“Entrepreneurs on this subject of transport and tourism are being pursued by the regulatory physique due to an anachronistic rule, from 1998, which prevents charterers from with the ability to use their buses in the very best manner. The closed circuit rule must be reviewed as quickly as doable to carry authorized certainty to our class.”

Within the choice on model, Choose Ricardo de Castro Nascimento says that the evaluation carried out by ANTT was unlawful, that the regulation doesn’t present for the distinction between open or closed circuit transport and that the differentiation promoted by ANTT by infralegal normative acts (resolutions) lacks authorized assist.

Moreover, there isn’t any proof within the information that the complainant recurrently transports passengers or sells tickets. The petitioner solely makes use of digital platforms to arrange the journey demand of its prospects, optimize prices and alternatives. To forestall the complainant from giving recommendation to shoppers by means of digital platforms, on the premise of unauthorized transport, is to forestall using new applied sciences created to extend and enhance the providers provided, each for the corporate and for the customers. On this context, the motion of ANTT is clearly unlawful, by limiting the motion of the complainant, because the regulation doesn’t distinguish between transport with an open or closed circuit. The differentiation promoted by ANTT by means of infra-legal normative actions (resolutions) lacks authorized assist, because it supplies differentiated remedy for conditions which are handled in the identical manner.

Having stated that, I GRANT the request for an injunction to droop the violation notices for violation Nos. 21042022 and 25042022 and order the enforcement authority to chorus from requiring the petitioner, in autos licensed with a constitution license, to drive closed teams of passengers, beforehand recognized or who should return on the identical day of journey.

Within the Bueno choice, the identical choose emphasised that using new expertise can’t be prevented, and reiterated the identical understanding he had within the Type choice concerning the non-statutory provision of differentiation between closed and open circuits.

Beneath the phrases of the highlighted laws, there are two authorized necessities to hold out non-regular land transport: authorization from the federal government and a ban on ticket gross sales. The regulation says nothing concerning the doable distinction between open and closed circuit in journeys carried out by constitution or units necessities within the sense of driving a “closed group of beforehand recognized individuals, who should return to their native land on the identical day”. As well as, there aren’t any parts within the report that the complainant sells tickets. The petitioner solely makes use of digital platforms to arrange the journey demand of its prospects, optimize prices and alternatives. To forestall the complainant from giving recommendation to shoppers by means of digital platforms, on the premise of unauthorized transport, is to forestall using new applied sciences created to extend and enhance the providers provided, each for the corporate and for the customers. On this context, the motion of ANTT is clearly unlawful, by limiting the motion of the complainant, because the regulation doesn’t distinguish between transport with an open or closed circuit. The differentiation promoted by ANTT by means of infra-legal normative actions (resolutions) lacks authorized assist, because it supplies differentiated remedy for conditions which are handled in the identical manner.

ANTT (Land Transportetaten) can attraction.

Each selections solely profit Type and Bueno.

Adamo Bazani, journalist specializing in transport

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