The online transport platform Buser clarifies that it does not prohibit the company from making trips, it only gives powers to the National Land Transport Agency (ANTT) to monitor trips intermediated by the platform.
Buser also clarifies that the Court’s decision can be appealed and that the case will be taken to the Superior Courts. The company is “convicted of the legality of collaborative chartering and its benefits to society, as demonstrated and ratified by several decisions in the country”.
The company highlights that the TRF-6 itself released a note last week clarifying that “the court decision does not prevent the continuity of the service, but legitimizes the application of fines by the National Land Transport Agency (ANTT)”.
Furthermore, Buser informs that it has injunctions that protect the company’s operation before ANTT and prevent the agency from seizing buses from partnership charter companies that have valid authorization — the Charter Authorization Term (TAF). “This guarantees the legal operation of these companies and prevents undue seizures,” says Buser.
For Buser, the decision that allows ANTT to monitor charter trips from Minas Gerais by applying a standard has already been recognized by several Courts (state and federal) as illegal. This rule, known as “Closed Circuit”, which requires charter trips to always transport the same passengers on the outward and return journey.
“The decision represents an understanding contrary to the jurisprudence that has been built in most states in favor of the collaborative charter model – through which the Buser platform unites travelers with charter and tourism companies –, understanding that it is a modern model , which points to the future and which is complementary to the system of companies that operate with fixed lines”, says the company note
The company concludes that it is “convinced of the legality of collaborative chartering and its benefits to society, as demonstrated and ratified by several decisions in the country”.
