TCE não aceita representation of the Buser donation against consultation on fretamento da Artesp

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Leading in November 2020, the Plenary of the Court unanimously decided not to recognize the manifestation of the bidding company

ALEXANDRE PELEGI / ADAMO BAZANI

At the first chamber of the Court of Auditors of the State of São Paulo (TCE-SP), during the session of June 8, 2021, unanimously decided not to meet the representation presented by the Buser, Marcelo Vieira Abritta, against the Agência Reguladora de Serviços Delegates of Public Transport of the State of São Paulo – Artesp.

One publication consists of the Official Journal of the Terça-Feira edition, July 27, 2021.

A demonstration by Marcelo Abrita questionava presents possible irregularities in the public consultation process n ° 03/2020, established by Artesp, for the collection of suggestions and contributions in accordance with the minutes of settlement (veja a minute no fim da materiala) which deals with the provision of the inter-municipal collective passenger transport service under the contingent and continuous freight regimes.

By unanimous decision, with the votes of two Councilors Antonio Roque Citadini, President and Rapporteur, Edgard Camargo Rodrigues and Sidney Estanislau Beraldo, were accompanied by the Procurator do Ministério Público de Contas, Dr. Rafael Neubern Demarchi Costa, and the Procuradora da Fazenda do Estado, Dr Jéssica Helena Rocha Vieira Couto. At the end of the process on July 13, 2021.


In any case, the application company tried to ban the procedure carried out by Artesp, which was carried out and then in the analysis phase of the suggestions, because it alleges that in this way they could make its operations unfeasible. .

As i showed you Diário do Transporte, a Buser tentou na Justiça, upon succession, suspend for consultation.

Relembre:

TJSP nega pedido de dono da Buser e mantém consulta da Artesp sobre fretamento

Allegations to the TCE, or the Buser’s donation, claim that the duration of the consultation was short.

A report showed that initially the consultation would take place between October 24 and November 9, but it was extended until November 30 by deliberation of the Arts.

Relembre:

Artesp estende prazo de consulta pública que pode impedir atuação de aplicativos de ônibus em SP

Marcelo Abritta is also happy to represent the TCE that he could “To restrict or intermunicipal fretamento Servço São Paulo and at the same time make it impossible or use technological platforms that do not create, do not prejudge, in a completely arbitrary and disorderly way, freighters, consumers, technological companies, motorcyclists cariros and their own population, which I see progressively benefit from collaborative freight, for the practice of contracting two services by applications, quality and safety, and not private collective transport, at a fair price. “

Uma das queixas do applicativo é uma request, foreseen since 1989, that one calls “dated circuit” for the freight.

As a standard, it can only be considered from freight to travel to qual or group of passageiros na ida and even da volta.

A Buser and other applications are allowed as “intermediaries” between freight companies and users.

Always according to the standard in force, either in open circuit, or even, depending on the different people from one to another, with individual sales of passages, it is only authorized for companies with regular lines.

As a result of which you are allowed to lend lines, we say that the apps have an unfair deal. After businesses, in general, these apps offer lower prices because they do not fulfill a series of obligations that increase or protect travel, such as tipping and meeting schedules and routes, which regardless of the number of passengers. The application bus is based on trips with minimum occupancy and, second to regular line companies, companies like Buser are only interested in lines with high demand, or which would cause an economic imbalance in the road network , whose model is of cross-subsidy, or seja, a very lucrative “banking or prejudicial” line of lines in deficit economically, more than socially which they need to exist.

Outra queixa two applications and a requirement in the minute that the trips with a relation of passageiros are communicated with até 48 hours

No day 27 of November 2020, or the Secretary of State for Regional Development, Marco Vinholi, to comment or accident with a bus released in Taguaí, not inside São Paulo, it is said that it is necessary to return more rigid rules on or off the road. Consult da Artesp would be an instrument for isso. Day without accident, November 25, 2020, 40 passengers of the bus and motorist of the road to Morreram, on this Sunday, November 29, 2020, a passenger who was interned in no resistance and morreu.

Relembre:

ÁUDIO: Com consulta da Artesp, regras sobre fretamento serão mais rígidas, diz Vinholi

Two points that were in consultation and that were defended by Vinholi were on the basis of the request for prior communication to 48 hours before the trip with a relation of passageiros.

In Fresp (Federação das Empresas de Transportes de Passageiros por Fretamento do Estado de São Paulo) who feared among his associates many companies that work with Buser, criticized the failure of the management secretariat of Governor João Doria.

For Vinholi, this requirement would bring more predictability and control over travel.

“It is also important to say that it exists underground and we are working with the inspection to receive more and more people who have this practice. Right now, starting on October 24, a public appeal has started to make these rules tougher here in the state of São Paulo, with the previous top giving information the transport company must notify or declare about your transit. “ – disse o secretário on occasion.

In the meantime, note, Fresp said this request does not reflect the momentum of the setor.

On request of the travel communication 48 hours before the trip and an example. Consult the routes that have been communicated to you 1 hour in advance. In many situations it is possible to communicate only to travelers, however, companies only receive the passenger list on the day of travel, which makes it impossible for the trip communication to also contain a complete list of passengers. Operators and Tourist Agencies offer packages to their customers for the following year or for the expedition, there is no legislation that requires the practice of trade at all times. Assim works in all sectors of tourism, not worldwide. Changes to the list of frequent visits, therefore, any limitation to this possibility of damaging the services.

Relembre:

https://diariodotransporte.com.br/2020/11/30/federacao-de-empresas-de-onibus-de-fretamento-de-sp-critica-fala-de-secretario-de-doria-e-portaria- em-query-da-artesp /


ARTESP – REGULAR MINUTE PORTAL


Alexandre Pelegi and Adamo Bazani, journalists specializing in transport

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