Panel SA: Chartered bus puts clowns as passengers to question inspection

The association that represents freight and tourism companies last week organized an action in protest against what they call “illegal notifications and seizures” of buses.

Abrafec (Brazilian Association of Collaborative Charterers) leads a campaign called Busão Livre. In the most recent action, a chartered car circulated through the streets of São Paulo until it was stopped by the inspection of Artesp (the transport regulatory agency). When the passengers disembarked, they were all actors dressed as clowns.

The entity says that the satire seeks to signal dissatisfaction with enforcement actions. Since the beginning of the year, 800 vehicles have been seized. In July, 43 buses were recalled, and in August, 39.

Charterers argue that a 2021 PGE (State Attorney General’s Office) opinion provides that travel intermediation does not characterize collective passenger transport. This, in the assessment of companies in the sector, makes the assessments illegal.

According to the association, São Paulo is one of the ten Brazilian states where the open circuit rule applies, when there is no obligation for the round trip routes to be closed with the same passengers, vehicle and route.

In a note, Artesp said that it has a legal obligation to curb the performance of irregular and clandestine companies and vehicles in intermunicipal transport. The agency also states that the PGE’s opinion makes it clear that companies authorized to provide charter services are not authorized to sell individual tickets.

Joana Cunha with Paulo Ricardo Martins, Diego Felix and Fernanda Brigatti