Federal court stops wave of Buser bus seizures – 04/06/2024 – Panel SA

Last Wednesday (3), the Federal Court prohibited ANTT (National Land Transport Agency) from seizing buses used on trips intermediated by digital platforms such as Buser and FlixBus.

Judge Mateus Pontalti, from the 13th Federal Court of the Federal District, decided, as a precautionary measure, that the position defended by Buser that chartered trips are open circuit (in which the departure is not linked to the return), not their classification as an operation clandestine.

The judge followed the ANTT’s own understanding, which, in one of its summaries, considers only vehicles without any authorization to circulate to be illegal. In this case, if the company has an operating license, even beyond its limits, it cannot be considered clandestine.

“The seizure appears to be disproportionate, as there are other less severe measures available and it is considered that there was some level of oversight by the agency when granting the license they hold,” the judge wrote in the order.

For the company, the decision tends to slow down ANTT inspectors’ persecution against trips managed by apps.

Buser says that, even with up-to-date authorizations, Buser partners end up blocked by the agency’s inspection for failing to comply with the closed circuit rule (trips with the same passengers on the outward and return journey).

“This hampers new business models, harming not only hundreds of companies, but also thousands of consumers, who have their trips interrupted,” says Buser.

Last year, ANTT revoked the charter license of 12 companies and another 60 are awaiting analysis.

“The agency’s persecution of those who charter in partnership with technology companies is clear. There are countless businesspeople unable to act, with fleets revoked and huge losses. Decisions like these reverse the game and show that the work we do is honest and necessary”, said Marcelo Nunes, president of Abrafec (association of collaborative charterers).

A wave of injunctions frees up Buser’s operations in certain regions. Favorable sentences have already been handed down in Paraná, Rio de Janeiro, states in the Northeast and São Paulo.

With Diego Felix

LINK PRESENT: Did you like this text? Subscribers can access five free accesses from any link per day. Just click the blue F below.