The federal courtroom authorizes Type and Bueno to hold out constitution journeys solely in closed circuit »Diário do Transporte

ANTT might attraction; firms work with bus purposes

ADAMO BAZANI

For 2 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 the ANTT (Nationwide Land Transport Company) to abstain from stop two constitution firms from making journeys within the open circuit mannequin, whose passengers are captured by way of purposes and web sites.

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

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

Regardless of the injunctions of various trials, each choices are very comparable.

The closed circuit is the constitution mannequin during which the spherical journey is completed by the identical group of passengers, who know one another and hire the bus. For instance, the go to of the trustworthy to a big non secular temple.

Within the open circuit it isn’t obligatory that the passengers touring are the identical as these returning, everybody buys their journey individually and doesn’t even know one another.

The sort of journey is obtainable by cellular purposes and Web websites.

With the order 27 of the ANTT (Nationwide Company for Land Transport), constitution firms can solely make the closed circuit.

The open circuit, in response to the ordinance, could be for normal line firms that denounce unfair competitors, as the appliance buses can cost lowered charges solely as a result of they don’t transport free of charge (aged, disabled and low-income college students), they solely make connections that they generate a revenue, they don’t depart if the buses have an occupancy of lower than 30%, they don’t pay the bus terminals, amongst different obligations to which the bus firms are topic.

Each choices have been launched on Monday, August 1, 2022 by the Brazilian Affiliation of Collaborative Renters (Abrafrec).

The president of the establishment, Marcelo Nunes, with a observe, celebrated and affirmed that the requirement of the closed circuit is the persecution of constitution firms.

“Entrepreneurs within the transport and tourism sectors are harassed by the regulatory company due to an anachronistic rule, from 1998, which prevents renters from having the ability to use their buses in the easiest way. The closed circuit rule should be revised as quickly as doable to convey authorized certainty to our class “

Within the sentence on Stile, decide Ricardo de Castro Nascimento affirms that the evaluation carried out by ANTT was illegitimate, that the regulation doesn’t present for the distinction between open or closed circuit transport and the differentiation promoted by ANTT from infralegal regulatory acts (resolutions) lack of authorized help.

Moreover, there isn’t any proof within the file that the petitioner is finishing up common passenger transport or ticket gross sales. The petitioner makes use of solely digital platforms to prepare the journey demand of his shoppers, optimizing prices and alternatives. Stopping the signatory from notifying prospects by way of digital platforms, for causes of unauthorized transport, means stopping using new applied sciences created to extend and enhance the companies offered, each for the corporate and for customers. On this context, ANTT’s motion is clearly illegitimate, limiting the plaintiff’s motion, because the rule doesn’t present for the distinction between open circuit or closed circuit transport. The differentiation promoted by the ANTT from infra-juridical regulatory acts (resolutions) has no authorized help, because it gives for a differentiated remedy for conditions handled in the identical manner.

That stated, I ACCEPT the request for an injunction for the suspension of infringement notices no. 21042022 and 25042022 and I order the coercive authority to chorus from requiring the applicant, in automobiles with a constitution license, to drive closed teams of passengers, beforehand recognized or who should return on the identical day of the journey.

Within the ruling on Bueno, the identical decide identified that using new applied sciences can’t be prevented and reiterated the identical settlement it had in Type’s determination on the non-legislative provision of the differentiation between closed and open circuits.

Based on the highlighted laws, there are two authorized necessities to hold out irregular land transport: the authorization of the Authorities and the prohibition on the sale of tickets. The regulation says nothing concerning the doable distinction between open and closed circuit in constitution journeys or establishes necessities within the sense of driving a “closed group of beforehand recognized folks, who should return to their place of birth on the identical day”. Additionally, there are not any gadgets within the data that the petitioner carries out the ticket gross sales. The petitioner makes use of solely digital platforms to prepare the journey demand of his shoppers, optimizing prices and alternatives. Stopping the signatory from notifying prospects by way of digital platforms, for causes of unauthorized transport, means stopping using new applied sciences created to extend and enhance the companies offered, each for the corporate and for customers. On this context, ANTT’s motion is clearly illegitimate, limiting the plaintiff’s motion, because the rule doesn’t present for the distinction between open circuit or closed circuit transport. The differentiation promoted by the ANTT from infra-juridical regulatory acts (resolutions) has no authorized help, because it gives for a differentiated remedy for conditions handled in the identical manner.

The ANTT (Nationwide Company for Land Transport) can attraction.

Each choices profit solely Type and Bueno.

Adamo Bazani, transport journalist

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