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Proposal for Law No 287 /XII

Exhibition of Motives

The exploitation of public transport of passengers, in road mode, is currently

regulated, among other diplomas, by the Regulation of Transport in Automobiles (RTA),

approved by Decree No 37272 of December 31, 1948 and by Law No. 10/90 of 17

of March, amended by Law No. 3-B/2000, of April 4, and by the Decrees-Laws

n. ºs 380/2007, November 13, and 43/2008, of March 10, Law of Bases of the System of

Land Transport (LBSTT), not yet regulated in some of its aspets

essential.

Coexist, thus, diplomas drawn up in economic, political and social contexts very much

different, behaving logics of distinct intervention and acting and, in some cases,

of difficult articulation and practical application.

Additionally, the Regulation (EC) No 1370/2007, the European Parliament and the

Council of October 23, 2007 on the public service of rail transport and

passenger road, henceforth designated by Regulation, which came into force in

December 2009, came to establish a new framework, at the level of the European Union,

with respect to public service obligations in the field of public transport of

passengers, imposing the celebration of public service contracts between the authorities

competent and public service operators whenever there is place for the assignment of

exclusive rights and or the allocation of compensation, specifically financial, in good reason

of the pursuit of these, by these, of public service obligations.

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On the other hand, the Regulation points to a regulated competition regime, availed

towards the progressive opening to the competition of the markets of public transport of

passengers at European level and establishing, for this purpose, as the main mechanism

for the allocation of public service contracts in these markets, the procedure

concursal, being irrelevant, in the optics of the right of the European Union, if public services

of passenger transport are operated by public or private companies.

In accordance with the Regulation, the Member States have a period

transitory, which started in 2009 and which runs until 2019, to take the measures

necessary to give gradual fulfillment to the willing in the same as to the hiring of the

public passenger transport service, in particular with regard to the holding

of this service assigned after December 3, 2009 on the basis of distinct procedure of

contest.

In this context, given the period transcurring since the publication of the RTA and the

evolution of the legal and regulatory framework in the meanwhile occurring, it appears necessary

reform, in structural and integrated manner, the regime of public transport of passengers

in effect, in such a way as to adapt it to the new, phatic and legal reality and to ensure stability

and the efficient management of transport systems, as well as promoting the improvement of the

operation of the sector, in accordance with the envisaged in the Strategic Plan of the

Transport (PET), approved by the Resolution of the Council Ministers No 45/2011, 10 of

november, and in the Strategic Transport and Infrastructure Plan (PETI3 +), which

succeeded.

This proposed Act is aimed at the approval of the new Legal Service of the Public Service

of Transport of Passengers, by road, river and rail and other systems

guided, including the provisions applicable to public service obligations and respect

compensation.

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With this scheme, it is intended to improve the operating conditions of the public service of

transport of passengers, as well as meeting the needs of citizens, without

to discurate the principles that should norm the provision of this service of economic interest

general, specifically the management and efficient use of public resources, the promotion of

universality of access and quality of services, economic, social cohesion and

territorial, the balanced development of the transport sector and the articulation

intermodal.

It is intended, in particular, to institute a regime that is a clear benchmark of acting for

all actors in the organisation and management of the mobility and transport system,

promoting transparency and progressive opening up of markets, in a framework well

delimited and accessible to all concerned.

In this context, it becomes, since soon, essential to proceed with the identification of the authorities

competent in passenger transport, as well as clarification, yet

without exhaustive character, its attributions and competences.

In this regard, it is to be mentioned that the LBSTT establishes that regular urban transport and

the local regular transports are operated directly by the municipality's respect, or

upon contract for the granting or provision of services heard between the municipality and

suitably qualified carrier companies. Notwithstanding, the lack of regulation

and other factors have prevented municipalities from being able to exercise the skills that

are committed to them in respect of transport services that develop integral

or majority-owned within the respective geographical area, being this an old

claim of local power.

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The entry into force of the new regime of local authorities, approved by Law No 75/2013,

of September 12, constitutes a significant step in the fulfillment of decentralization of

competencies in local entities, specifically municipalities, communities

intermunicipal and metropolitan areas, for the sake of a better and more efficient

organization of public services, in a logic of proximity to populations

served.

It is, however, with the approval of this proposed law that there is a

legal framework that allows municipalities, inter-municipal communities and the

metropolitan areas effectively exercise their competencies in the organization of the

public transport systems for municipal and intermunicipal commuters, with

evident gains in terms of scale and efficiency, for the benefit of populations. From this

mode, three large levels of competencies are predicted: a ) of the State, with respect to the

organization of transport of national scope, specifically as to transport

heavy rail; b ) of the inter-municipal entities-intermunicipal communities and areas

metropolitan, with respect to the organization of intercity-scope transport; and

c ) of the municipalities, with respect to the organisation of municipal-level transport.

On what it has to do with the Metropolitan Transportation Authorities of Lisbon and the

Port, whose scheme was established by Law No. 1/2009, of January 5, pese though the

assignments and competences that it was originally planned to be progressively given to them

committed, these entities have never been mandated with effective powers of authority of

transport, which continue, in essence, to be exerted by the state, carrying out

those entities functions of support to the state.

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This reality, associated with the evolution of the legal and regulatory framework and the purpose of

deepening administrative decentralization, which requires the enhancement of the powers of the

municipalities and intermunicipal entities, as well as the recent creation of a new

national scope regulatory authority-the Mobility and Transportation Authority-

determines that no longer justifies the maintenance of such entities. The present proposal of

law provides, therefore, to repeal the alluded Act No 1/2009 of January 5.

With the extinction of these entities, the competencies of level transport authority

intermunicipal, relating to the metropolitan areas of Lisbon and Porto, they become

exercised by the respected metropolitan areas, which they can choose, under the law, the

most suitable form for the exercise of them.

The new Legal Regime of the Public Transportation Service of Passengers comes still

regulate the transition of transport authority competences concerning operators

internal belonging to the business sector of the State, in the case of the metropolitan areas of

Lisbon and the Port and the district of Coimbra.

In effect, with regard to the internal operators Company Carrels de Ferro, S.A.,

Metropolitan of Lisbon, E.P.E., and the Collective Transport Society of Porto, S.A., the

State went on to hold the capital of these companies from 1975, taking over all the

legal situations until then titled by the respected authorities, including the position of

conceding of the exploited service and all the competences inherent in an authority of

transport. On the other hand, with regard to the internal operators Metro of Porto, S.A.,

Transtejo-Transport Tejo, S.A., Soflusa-Fluvial Society of Transport, S.A., and

Metro Mondego, S.A., the State is also a shareholder, conceder and authority of

competent transport, since its creation. In these situations it is therefore the state, and not

the municipalities, who currently takes on the role of transport authority.

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Having present this reality and the dismay of, also in the field of public transport

of passengers, give gradual fulfillment to the principle of administrative decentralization, the

present proposed law sets out a period of six months during which the State shall

celebrate with the metropolitan areas, inter-municipal communities or municipalities where

act as these internal operators, agreements or interadministrative contracts with

view to the delegation, full or partial, of the powers of transport authority held

by the State in the cited local entities.

In parallel, it becomes pressing to regulate the legal regime applicable to the contractualization of the

public service of road, rail and river passenger transport, in

compliance with the provisions of the Regulation and, as well, proceed to the revision of the scheme

underlying authorisations for the exploitation of regular road transport careers

of passengers assigned under the RTA, henceforth designated by permits.

In these terms, the new Legal Regime of the Public Transportation Service of Passengers

proceeds, in accordance with the Regulation, to the densification of the framework applicable to the

contracting public service of road and rail passenger transport,

establishing a set of consistent rules, so as to enhance transparency and

competition in the allocation of the exploitation of that service.

Specifically with regard to the public service provision permits of

transport of passengers by road mode assigned under the RTA, the new

scheme provides for an additional transitional period, giving response, in a differentiated manner, to the

effective of these authorisations in accordance with that established in the Regulation.

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In the plan of the use of public transport systems for passenger transport, the new Regime

Legal of the Public Transportation Service of Passengers establishes the principle of

equity of citizens ' opportunities in access to these systems, when they

need, at affordable prices, promoting economic, social and territorial cohesion of the

country, through the establishment of minimum levels of public transport service of

passengers to be secured throughout the national territory. It also provides for the

implementation of mechanisms that allow for the integration of systems and modes of

transportation, undergoing the fuelling of the use of intelligent transportation systems and

intermodal, integrated and coherent tariff systems.

In such a way as to confer coherence on the transport system as a whole, increasing the

efficiency, optimizing public resources and avoiding redundancies, further reinforces the

principle of the necessary coordination and "systemic" integration of the transport service

school.

In order to ensure the financial sustainability of the implementation of this principle, it is

also created the legal framework for the exploitation of the public transport service

of flexible passengers, already existing in various European countries, through which it is possible

give an adjusted response to the mobility needs of populations, not least in

areas of the territory with low population density.

Attending to the need to provide competent transport authorities with the

resources necessary for the pursuit of its functions, the present proposed law provides that

these can establish mechanisms for financing public service obligations

of transport of passengers of their competence.

In particular, it is predicted, in accordance with the one provided for in the LBSTT and in the other legislation

applicable, which can be created, by the municipalities, fees intended for maintenance and

development of public passenger transport systems, which they constitute

own revenue of municipalities, inter-municipal communities and areas

metropolitans of Lisbon and Porto.

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In the terms of the legislation applicable to the consultation in the framework of the drafting of diplomas, it was

promoted the public consultation of the diploma anteproject, made available on the site of the

Institute of Mobility and Transport, I.P., on the Internet, having the comments and

suggestions from various entities, rececionated in that institute, been taken into account in the

drafting of this proposed law.

The self-governing bodies of the autonomous regions and the Association were heard

National of Portuguese Municipalities.

Thus:

Pursuant to Law No. 10/90 of March 17, Articles 111 and 115 of Law No 75/2013,

of September 12, and ( d ) of Article 197 (1) of the Constitution, the Government

presents to the Assembly of the Republic the following proposed law:

Article 1.

Object

This Act approves the Legal Regime of the Public Transportation Service of Passengers.

Article 2.

Approval

The Legal Regime of the Public Service for Transport of Passengers, henceforth, is approved

designated by RJSPTP, which is listed in the Annex to this Law and of which it is an integral part.

Article 3.

Extinction of the Metropolitan Transportation Authorities of Lisbon and Porto

1-Are extinct the Metropolitan Transportation Authorities of Lisbon and Porto, being

their assignments and integrated competences in the metropolitan areas of Lisbon and the

Port, which they go through with the assignments and competences established in the

RJSPTP.

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2-The metropolitan areas of Lisbon and Porto succeed to the Metropolitan Authorities

of Transport from Lisbon and Porto on the entitlements of all rights, obligations and

legal positions, regardless of their source or nature, that they find themselves

affections to the exercise of the assignments and competences transmitted in the terms of the number

previous.

3-Transmit still for the metropolitan areas of Lisbon and Porto the universality

of the goods and the title of the patrimonial and contractual rights that integrate the sphere

legal of the Metropolitan Transportation Authorities of Lisbon and Porto.

4-A present law constitutes title rather for the proof of the provisions of the figures

previous ones, for all legal effects, including those for registration.

5-The workers in office of duties in the Metropolitan Authorities of

Transport from Lisbon and Porto, at the date of the entry into force of this Law, shall transit

for the respects metropolitan areas, maintaining their legal situation-laboral.

Article 4.

Transitional arrangements for financing

1-During the year 2015, until the Metropolitan areas of Lisbon and Porto

have, through the funding mechanisms provided for in Article 11 of the

RJSPTP, of sufficient revenue to bear the burden on the remuneration of the

workers who, in the terms of the previous article, transit from the Authorities

Transport Metropolitans for the Metropolitan areas of Lisbon and Porto,

those charges are financed through the monies provided for in the State Budget

for 2015 relative to the Metropolitan Transportation Authorities.

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2-During the year 2015, until the municipalities not understood in the areas

Metropolitans of Lisbon and Porto and the inter-municipal communities have, through

of the funding mechanisms provided for in Article 11 of the RJSPTP, of revenue

sufficient to bear the burden relating to the performance of the new functions which

are assigned to them by the RJSPTP, those charges are financed through an allowance

from € 3000000, coming from the State Budget, to redepart in equal parts between

the said transport authorities.

Article 5.

Autonomous regions

1-A This Law shall apply to the autonomous regions of the Azores and Madeira, with the

necessary adaptations, arising in particular from the specificity of services

competent regional in these matters;

2-In particular, in the autonomous regions of the Azores and Madeira, the regional governments

are transport authorities, being the assignments and competences conferred by the

present law to the State and to the Institute of Mobility and Transport, I.P. (IMT, I.P.),

exerted by the entities of the respective regional administrations.

Article 6.

Revocation, agreements and interadministrative contracts and regulatory standards

1-A revocation of the statutory schemes referred to in points b ), c ) and and ) of Article 16 produces

effects on the date of the entry into force of the specific legislation and regulations laid down in the

present law and in the RJSPTP, regarding the respect of subjects, to which it is to be adopted

within 90 days, from the date of the entry into force of this Law.

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2-Without prejudice to the State holding itself as the competent transport authority until the

term of the period referred to in points c ) and d ) of Article 5 (1) of the RJSPTP, at the deadline

maximum of six months, from the date of the entry into force of this Law, the State

must enter into agreements or interadministrative contracts with the communities

intermunicipal, the metropolitan areas or, when dealing with public services of

transport of municipal-level passengers, the municipalities, with a view to the delegation,

total or partial, of the transport authority competences concerning the operators

referred to those points in these entities.

3-The regulatory standards for transport securities and bonuses, transport

of express passengers and school transport, prevailing at the date of the entry into force of the

present law remain vigour until your amendment, in everything that does not contrade the provisions of

in the present diploma.

Article 7.

Operation of public passenger transport service allocated by way of

competitive procedure

The contractual regimes applicable to the exploitation of the public transport service of

passengers prevailing at the date of entry into force of the RJSPTP that result from procedure

competitive, remain in effect until the end of its duration.

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Article 8.

Operation of public passenger transport service allocated to operators

internal

1-The legal, regulatory, contractual, or administrative regimes of administrative act,

applicable to the operation of the public passenger transport service by operators

internal ones that are in force at the date of entry into force of the RJSPTP remain

in effect until the end of its duration, provided that it does not exceed the time limits resulting from the

n Article 8 (3) of the Regulation (EC) No 1370/2007 of the European Parliament and of the

Council, of October 23, 2007 on the public transport service

rail and road passenger (Regulation).

2-By deliberation of the competent transport authority, the concession titles for

the operation of the public passenger transport service granted to operators

internal under the Transport Regulation in Automobiles, approved by the

Decree No 37272 of December 31, 1948, (RTA) and in force at the date of entry into

vigour of the RJSPTP, can be deferred to the general operating schemes of the service

public transport of passengers by the same internal operator, under the terms of the

provided for in Article 5 (2) of the Regulation, by being governed by the same

contractual framework.

Article 9.

Operation of public passenger transport service allocated by way of

distinct procedure of the competitive

1-Without prejudice to the provisions of the preceding article, to legal, regulatory,

contractual, or that arise from an administrative act, applicable to the operation of the service

public transport of passengers prevailing at the date of entry into force of the RJSPTP,

which do not result from competitive procedure, the provisions of paragraph 3 of the article apply

8. of the Regulation.

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2-For the purposes of the provisions of the preceding paragraph, the concession titles for the holding

of the public service of passenger transport by road mode, assigned to the

shelter from the RTA, which have been assigned or renewed before the closing date of the

period referred to in paragraph d ) from Article 8 (3) of the Regulation, they remain in force

by the end of the term of the term of expiry or until December 3, 2019, depending on the

date that occurs first.

3-For the purposes of the provisions of paragraph 1, the concession titles for the operation of the service

public transport of passengers by road mode, assigned under the

RTA, which have been assigned after the time limit of the period referred to in ( d ) from the

n Article 8 (3) of the Regulation, and that at the date of the entry into force of the RJSPTP if

find in the course of their initial term of 10 years, they remain in

vigour until the end of the term of the term of the duration or until December 3, 2019,

depending on the date that occurs first.

4-For the purposes of the provisions of paragraph 1 and without prejudice to the provisions of the following article, the

concession titles for the operation of the public passenger transport service

by road mode, assigned under the RTA, which have been renewed after the

date limit of the period referred to in paragraph d ) of Article 8 (3) of the Regulation, by

a further period of five years or in provisional arrangements, remain in force until

at the end of the term of the term of duration or until December 31, 2015, depending on the date

that occur first.

Article 10.

Authorization for the maintenance of the operating regime on a provisional basis

1-A competent transport authority may, for reasons of relevant public interest

duly substantiated, authorize the maintenance of the exploitation of the securities of

concession for the operation of the public passenger transport service by mode

road assigned under the RTA, under provisional operating scheme, after the

dates resulting from the application of the previous article, and may not the term of

term ends, in no case, after December 3, 2019.

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2-A exploration of public passenger transport service on a provisional basis not

confers to the respected operator an exclusive right in the lines, network or geographical area

cause, except if this is expressly provided for by the transport authority

competent.

Article 11.

Requirements of the authorisation for the maintenance of the exploitation regime by title

provisional

1-A The authorization referred to in the previous article presupposes the effective exploitation of the service

public transport of passengers and the provision by the public service operator, in the

period of 60 days, from the date of the entry into force of the RJSPTP, of information

updated and detailed on the exploration of such service, in the terms defined by the

competent transport authority and in accordance with Art. 21 of the RJSPTP, with the

necessary adaptations.

2-In case the public service operator does not pay the information referred to in the number

previous on the deadline indicated:

a) The public passenger transport service whose exploitation has not been

object of the provision of information in question may be cancelled;

b) Public service operators are barred from applying for authorisation

provisional referred to in the preceding paragraph.

3-A The information referred to in paragraph 1 is validated by the competent transport authority, in the

term of 60 days, to be counted from the respect of the public service operators.

4-A The authorisation referred to in paragraph 1 shall not entail the allocation of any compensation to the

public service operator, unless there is an imposition of public service obligations,

case in which the public service operator is compensated in the terms provided for in the

RJSPTP.

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Article 12.

Terms of the authorisation for the maintenance of the exploitation regime by title

provisional

1-From the authorization referred to in the preceding Articles shall appear at least the following

elements:

a) The rights and duties of the public service operator, specifically the service to

provide;

b) The careers, lines or networks inherent in the object of the object of the authorization;

c) The itineraries, stops, the schedules or the minimum frequencies and the tariff

inherent in the object service of the authorization;

d) The collection system to be used;

e) The term of the term.

2-A The authorisation referred to in the preceding paragraph is advertised on the website of the

competent transport authority.

3-During the term of the authorisation, the public service operator may

apply for the competent transport authority for the adjustment of the conditions

of exploration in function of demand, so as to ensure efficiency and sustainability

of the same.

Article 13.

Public service obligations

The payment of compensation for public service obligations relating to the service

public passenger transport, the operation of which has been assigned before the entrance

in force of the RJSPTP, shall be formalized and regulated, upon contract to be concluded between the

competent transport authority and the public service operator, in the terms of the

articles 19 and following of the RJSPTP, until December 31, 2015.

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Article 14.

Competencies of the Institute of Mobility and Transport, I.P.

1-While the transport authorities referred to in articles 6 and 7 of the RJSPTP do not

assume the totality of the skills assigned to them by that scheme and

too much applicable legislation, the IMT, I.P., assures the rights, powers and duties that the

same fit, in the terms laid down therein.

2-It is up to the IMT, I.P., to support the transport authorities in the implementation of the scheme

established by the RJSPTP, specifically through the following actions:

a) Drafting of a support script for transport authorities for the preparation

and conduct of contracting procedures;

b) Drafting of a support script for the transport authorities, for the phase of

performance of the contract;

c) Elaboration of a guiding script of the definition of the minimum services of

transport referred to in this Law, which shall be approved by Resolution of the

Council of Ministers;

d) Elaboration of a support script for the implementation of the transitional arrangements provided for in the

articles 6 to 13.

3-It is still up to the IMT, I.P., the compilation of the data and information received under the

provisions of Article 21 of the RJSPTP, and their provision in open formats, in the

terms of Law No. 36/2011 of June 21, as well as the publication of statistics

global public passenger transport system, pursuant to that article.

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4-The data, information and statistics provided for in the preceding paragraph shall be accessible

through the online public information research system, provided for in Article 49 of the

Decree-Law No. 135/99 of April 22, amended by the Decrees-Laws No 29/2000, of 13

of March, 72-A/2010, of June 18, and 73/2014, of May 13.

Article 15.

Regult a tion

This Law shall be regulated within 90 days from the date of its publication.

Article 16.

Abrogation standard

Without prejudice to the provisions of Article 6 (1), they are repealed:

a) The Act No. 1/2009 of January 5;

b) The Decree-Law No 399-E/84 of December 28;

c) The Decree-Law No. 399-F/84 of December 28, amended by the Decree-Law

n. 190/90 of June 8;

d) Article 8 of Decree-Law No 208/92 of October 2;

e) The Decree-Law No 8/93 of January 11;

f) The Regulation of Transport in Automobiles, approved by Decree No 37272,

of December 31, 1948.

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Article 17.

Entry into force

This Law shall come into force 60 days after its publication, with the exception of Article 8, which

comes into force on the day following that of its publication.

Seen and approved in Council of Ministers of February 19, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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ANNEX

(referred to in Article 2)

LEGAL REGIME OF THE PUBLIC TRANSPORT SERVICE OF

PASSENGERS

CHAPTER I

General provisions

Article 1.

Object

The Legal Regime of the Public Passenger Transportation Service (RJSPTP) establishes the

regime applicable to planning, organisation, operation, allocation, supervision,

investment, financing, dissemination and development of the public service of

transport of passengers, by road, river, rail and other systems

guided, including the regime of public service obligations and respect for compensation.

Article 2.

Scope

1-The present RJSPTP applies to the transport authorities and service operators

public engaged in the operation of the public passenger transport service

in the modes of transport referred to in the previous article.

2-Ficam excluded from the scope of the present RJSPTP:

a) The public passenger transport service with historical and scope character

tourist;

b) The public passenger transport service covered by specific legislation,

among which:

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i) The transport in taxi, in accordance with the Decree-Law No. 251/98, of 11 of

august, amended by the Laws n. ºs 156/99, of September 14, and 106/2001, of

August 31, by the Decrees-Leis n. ºs 41/2003, of March 11, and 4/2004,

of January 6, and by Law No. 5/2013 of January 22;

ii) The collective transport of children, in accordance with Law No. 13/2006, of 17

of April, as amended by Law No. 17-A/2006, May 26, by the Decree-Law

n ° 255/2007 of July 13 and by Law No. 5/2013 of January 22;

iii) The occasional and regular transport services, according to

with the Decree-Law No. 3/2001 of January 10, as amended by the Decree-Law

n. 90/2002 of April 11;

iv) The regular river transport service, in accordance with the Decree-Law

n. 16/2014, of February 3.

Article 3.

Definitions

For the purpose of the provisions of this RJSPTP, it is understood by:

a) 'Grouping of authorities', any set of transport authorities

of one or more Member States which, by means of interadministrative contract,

protocol, inter-municipal association or other form of agreement, establish the

articulation, the sharing or delegation of the competences and responsibilities of

transport authority in respect of a given geographical area, service

public transport of passengers or operator;

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b) 'Transport Authority' means any public authority with assignments and

competences in the organisation, exploitation, allocation, investment,

financing and surveillance of the public passenger transport service, well

as a determination of public service obligations and tariff rates in a

certain geographical area of local, regional or national level, or any

public entity by that vested of these attributions and competencies, being

that, in the context of the present RJSPTP, this expression may also refer to

an agupment of authorities;

c) "Compensation for obligation of public service", any advantage,

particularly financial, granted, directly or indirectly, by an authority

of transport to a public service operator, through public resources,

during the period of execution of a public service obligation or by

reference to that period;

d) "Set of lines", two or more lines;

e) " Counterpart for the right to operate public transport service of

passengers ", any advantage, particularly of a financial nature, awarded

by a public service operator to the competent transport authority, by the

right to explore a particular public passenger transport service;

f) "Public Service Contract", one or several legally binding acts that

to establish the agreement between a competent transport authority and a

public service operator, to allocate to the latter the management and operation of

determined public passenger service of passenger transport subject to obligations of

public service;

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g) "Line", public transport service, ensuring a fixed itinerary, second

a previously approved frequency and times, with outlet and widths of

passengers at the established terminal and intermediate points;

h) "exclusive right", a right that authorizes a public service operator to

explore certain public passenger transport service in a row,

network or specific area, with the exclusion of other public service operators;

i) "Obligation of public service", the imposition defined or determined by a

transport authority, with a view to ensuring certain public service of

carriage of passengers of general interest that a public service operator,

if you considered your own commercial interest, you would not assume, or not

would assume to the same extent or under the same conditions, without counterparts;

j) "Public Service Operator", any company or cluster of companies,

public or private, which preshas determined public transport service of

passengers, or any public entity that is given a particular public service

of carriage of passengers;

k) "Internal Operator" means any public service operator constituting a

legally separate entity from the transport authority, on which the

competent transport authority at local, regional or national level, in cases

in which, pursuant to the provisions of the paragraph d ) of Article 5 (2) of the

Regulation (EC) No 1370/2007, of the European Parliament and of the Council, of 23

of October 2007, concerning public rail transport services and

passenger road, transport authority skills are

exerted at the regional or national level, or, in the event of a grouping of

authorities, at least one competent authority, exercises an analogous control

to what it exercises on its own services;

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l) "Network", the set of lines that ensure the spatial coverage of an area by

one or several modes of public transport;

m) "Regulation", the Regulation (EC) No 1370/2007, of the European Parliament and of the

Council, of October 23, 2007 on public transport services

rail and road passenger;

n) "Public passenger transport service", the transport service of

passengers of general economic interest, provided to the public on a non-

discriminatory, pursuant to which the vehicles are placed at the disposal of

multiple people simultaneously, who use them upon retribution, second

a previously approved operating regime, not staying at the exclusive service

of none of them;

o) "Public transport service of affluent passengers", the public service of

transport of passengers that works primarily as food from

another public passenger transport service;

p) "Public transport service of food passengers", the public service of

transport of passengers downstream and used by passengers with origin or

destination in a given public service of affluent passenger transport;

q) "Public passenger transport service express", the public service of

passenger transport carried out for direct and semi-urban direct links

between agglomerates or urban centres, complementary to the public service of

transport of inter-municipal and inter-regional passengers;

r) "Inter-regional passenger transport service", the public service of

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passenger transport that aims to meet the needs for travel between

different intermunicipal communities or metropolitan areas;

s) "Public transport service of municipal passengers", the public service of

transport of passengers that aims to meet the travelling needs within

of a municipality and that develops integral or majority-owned within the

respects geographical area, covering local and urban transport services,

in the part where they develop in municipal territory, provided for in the Act

n ° 10/90 of March 17, as amended by Law No 3-B/2000 of April 4 and by the

Decrees-Laws No 380/2007, of November 13, and 43/2008, of March 10,

without prejudice to the possibility that there are secondary lines of interconnection that

enter the territory of contigued municipalities;

t) "Public transport service of intermunicipal passenger", the public service of

passenger transport that aims to meet the needs for travel between

different municipalities and that develops integral or majority-owned within the

geographical area of an intercity community or a metropolitan area,

without prejudice to the possibility that there are secondary lines of interconnection that

enter the territory of intermunicipal communities or metropolitan areas

contiguous;

u) "Public service of flexible passenger transport", the public service of

transport of passengers operated in a manner tailored to the needs of the

users, allowing for the flexibility of at least one of the following

dimensions of the provision of the service: itineraries, schedules, stops and typology of

vehicle;

v) "Public service of regular passenger transport", the public service of

transport of passengers explored second itineraries, frequencies, times and

predetermined tariffs, in the framework of which they can be taken and dropped

passengers in previously established stops;

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w) "Public transport service of complementary or replacement passengers",

the public passenger transport service that is established in a manner

supplement or in replacement of the modes of heavy rail transport and

lightweight, fluvial or road on its own site, at times or frequencies not

ensured by those, serving similar stop and pathway zones and in the

which hold valid the same transport titles;

x) "Intermodal transport title", the title of transport that confers the right to

use of the public passenger transport service operated by various

operators, of different modes, in lines, networks or geographical areas

determined, and may result from the initiative of two or more operators of

public service or the imposition of the competent transport authority;

y) "Monomodal transport title", the title confers the right to the use of the

public passenger transport service operated by a single operator of

public service, in lines, networks or geographical areas assigned to that operator.

CHAPTER II

Authorities of transport

Article 4.

Attributions and competences

1-Constitutions attributions of the transport authorities, the definition of the objectives

strategic of the mobility system, the planning, the organisation, the operation, the

allocation, surveillance, investment, financing, dissemination and the

development of the public passenger transport service, by road mode,

fluvial, rail and other guided systems.

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2-In order to pursue its assignments, transport authorities have the following

competencies:

a) Organisation, planning, development and articulation of the networks and lines of the

public passenger transport service, as well as equipment and

infrastructure to them dedicated;

b) Operation through own means and or from the assignment to service operators

public, by means of the conclusion of public service contracts or mere

authorization, of the public passenger transport service;

c) Determination of public service obligations;

d) Investment in the networks, equipment and infrastructure dedicated to the service

public transport of passengers, without prejudice to the investment to be carried out

by the public service operators;

e) Financing of the public passenger transport service, as well as

networks, equipment and infrastructure to these dedicated, and financing of the

public service obligations and compensation for the provision of

bonified social tariff rates determined by the transport authority;

f) Determination and approval of tariff regimes to be invigorating within the framework of the service

public transport of passengers;

g) Receipt of countermatches by the right of public service exploitation of

carriage of passengers;

h) Surveillance and monitoring of the operation of the public transport service of

passengers;

i) Realization of mobility surveys within the area of the geographical area;

j) Promotion of the adoption of transport planning tools in the respect

geographical area; and

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k) Disclosure of the public passenger transport service.

Article 5.

State

1-The State is the competent transport authority as to the public service of

transport of passengers:

a) Of national scope;

b) In heavy rail mode;

c) Exploited by internal operators belonging to the business sector of the State,

in the metropolitan areas of Lisbon and the Port and in the inter-municipal community of the

Low Mondego, who were subject to the powers of authority of

transport from the State in advance to the entry into force of the present RJSPTP, until

to the end of the public service relations in force;

d) Explored in concession regime allocated by the State, through

concursal procedure, in advance of the entry into force of the present RJSPTP, until

to the end of the respects contractual relations;

e) Express;

f) In international scope, under the laws in force and without prejudice to the

competencies provided for in Articles 6 and 7.

2-The State is, still, the subsidiary transport authority which is competent in all

situations not covered by the assignments and competences of the other authorities of

transport, specifically in accordance with Article 9 (3).

3-The State may delegate part or all of its competences in the area of

transport in other entities, specifically at the Institute of Mobility and the

Transport, I.P. (IMT, I.P.), by dispatch of the member of the Government responsible for the

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area of transport, or in the intermunicipal communities, metropolitan areas or

municipalities, in accordance with the provisions of Article 10.

4-The State pursues its tasks and exercises the powers of authority of

transport through the member of the Government responsible for the area of transport, without

loss of legal or contractually committed skills to the member of the Government

responsible for the area of finance.

Article 6.

Municipalities

1-Without prejudice to the provisions of the preceding article, the municipalities are the authorities of

Competent transport as to public passenger transport services

municipal people who develop integral or majority-owned in the area's area

geographical.

2-The municipalities may associate with a view to the joint pursuit of part or of the

all of the respect competences in public transport services of

municipal passengers or delegating, specifically in inter-municipal communities or

in the metropolitan areas, the respective competences, in the terms of the provisions of the article

10.

Article 7.

Inter-municipal communities

1-Without prejudice to the provisions of Article 5, the inter-municipal communities are the

competent transport authorities as to the public transport services of

regional passengers who develop integral or majority-owned in the respect area

geographical.

2-Intermunicipal communities can associate with a view to joint pursuit

of the respective competences in relation to public transport services of

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passengers or delegating their respective competences in other public entities, nos

terms of the provisions of Article 10.

Article 8.

Metropolitan areas of Lisbon and Porto

1-Without prejudice to the provisions of Article 5, the metropolitan areas of Lisbon and Porto are

the competent transport authorities as to the public transport services

of regional passengers who develop integral or majority-owned in the respect

geographical area.

2-In the exercise of its powers of transport authority, the areas

metropolitans of Lisbon and the Port adopt, under the law, the model of

organization that they deem most appropriate, whether by means of the governing bodies or

by means of intermunicipalized servics.

3-The members of the boards of directors of the intermunicipalized services created

by the metropolitan areas for the effects referred to in the preceding paragraph are named

by the metropolitan council, and may be exonerated at all time.

4-Without prejudice to the provisions of paragraph 2, the metropolitan areas of Lisbon and Porto may

delegating their powers of transport authority in other public entities,

pursuant to the provisions of Article 10.

Article 9.

Public inter-regional passenger transport service

1-The competent transport authorities at the inter-municipal level must coordinate

in the organisation of public inter-regional passenger transport services.

2-For the purposes of the provisions of the preceding paragraph, the authority powers of

transport as to public transport services for inter-regional passenger transport

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assumed to be shared in a shared way among transport authorities of the geographical areas

covered, pursuant to the provisions of the following article.

3-In the absence of agreement between two competent transport authorities, the State may

assume, on a transitional basis, by dispatch of the member of the Government responsible for the area

of transport, the powers of transport authority as to services

public transport of inter-regional passenger transport.

Article 10.

Delegation and sharing of competences

1-Transport authorities may delegate, inter alia, through contracts

interadministrative, in whole or in part, the respective competences in other

transport authorities or other public entities.

2-Without prejudice to the provisions of the preceding paragraph, two or more transport authorities

may agree upon each other the shared exercise of part or all of the

skills that are committed to them, specifically through contracts

interadministrative.

3-Includes in the provisions of the preceding paragraph, specifically, the establishment of

operating financing models and structuring investments in services

public transport of passengers.

4-A delegation and sharing of competences referred to in the preceding paragraphs, when

are in question municipalities, inter-municipal communities and metropolitan areas,

process in accordance with the terms set out in Law No. 75/2013 of September 12 with due

adaptations.

5-A delegation and sharing of competences by the State are preceded by dispatch

of the members of the Government responsible for the areas of finance and transport.

6-Delegation and competence sharing contracts shall, at a minimum, establish:

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a) The delegation and sharing of skills and responsibilities associated with the management of the

transport system;

b) The form of association and decoupling of a transport authority face

to the contract in question and inherent responsibility;

c) The association or decoupling of a transport authority may not affect the

enforceability of previously concluded public service contracts or that

are in effect.

7-The contracts referred to in this article are remitted to the IMT, I.P., in advance to its

entry into force, for verification of their compliance with the law and advertised on the site

on the Internet of that organism.

Article 11.

Funding

1-Without prejudice to the necessary compatibilization with the provisions of the instruments

contractual that regulates the exploitation of the public passenger transport service, the

competent transport authorities may establish mechanisms of

financing of the public passenger transport service obligations of its

competence, which involves, in particular, the affectation of the product of the following

recipes:

a) Tariff revenue generated by the public passenger transport service,

when they constitute own revenue of the transport authorities;

b) Own revenue from the sale of support cards, in the terms

defined by the respecting transport authority;

c) Revenue from other activities, specifically of parking;

d) Revenue arising from fees collected as a counterpart to the exercise of the

functions of organisation, supervision, surveillance, and provision of relative services

to the public transport system of municipal-scope passengers,

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intermunicipal and inter-regional as well as intended for maintenance and

development of public passenger transport systems;

e) Affection of part of the revenue from existing contributions, pursuant to the

applicable legislation;

f) Revenue from comstake in the most-valuable and positive externalities

attributable to the transport system and to benefit other sectors;

g) Revenue from commercial exploitation and advertising in the public services of

carriage of passengers;

h) Revenue from financial countermatches by the right to operate services

public transport of passengers;

i) Other revenue arising from the possible operation of intermediary services,

particularly of sales channels or related services.

2-Compete to municipalities the creation of the rates referred to in para. c ) of the previous number,

pursuant to Article 6 of Law No 10/90 of March 17, amended by the Law

n 3-B/2000 of April 4 and by the Decrees-Leis n. ºs 380/2007 of November 13, and

43/2008, of March 10, of Law No. 73/2013 of September 3, amended by the Law

n 82-D/2014 of December 31, of Law No. 53-E/2006 of December 29, amended

by the Laws n. ºs 64-A/2008, of December 31, and 117/2009, of December 29, of the

present RJSPTP and of the remaining applicable legislation.

3-When public transport services of scope passengers are concerned

municipal, the rates referred to in the previous number are due by the operators of

public passenger transport service to the municipality that is, pursuant to the

present RJSPTP, the status of competent transport authority.

4-When public transport services of scope passengers are concerned

intermunicipal or inter-regional, the setting of the rates referred to in paragraph 2 depends on

agreement between the municipalities that integrate the intercity community or area

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metropolitan that assumes the status of competent transport authority.

5-The agreement referred to in the preceding paragraph designates the competent municipalities for

approval of the rate, which consitutes own revenue from the intermunicipal community or area

metropolitan concerned.

6-The rates referred to in paragraph 2 are calculated on the basis of an applied percentage on the

all tariff revenue, the compensations for the provision of tariff

bonified social and revenue from the sale of securities and cards of

transport, net of VAT, relating to services provided within the geographical area of the

Respecting municipality, intercity community or metropolitan area, directly

self-injured by the public passenger service operators and that

constitute own revenue of these operators.

7-The provisions of the preceding paragraph shall not cover the amounts earned in the title of

remuneration paid by the contracting entities to the public service operators, in the

terms set out in a public service contract, yet calculated by reference to the

tariff revenue resulting from the exploitation of the public passenger transport service.

8-A The percentage referred to in paragraph 6 shall be approved by each municipality, or, in the case of

inter-municipal communities or metropolitan areas, per agreement among the respective

municipalities, and may not exceed 2%.

CHAPTER III

Planning and service levels

Article 12.

Planning and coordination

1-The planning and coordination of the public passenger transport service, by

each transport authority, shall:

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a) Be articulated with the existing public passenger transport service or

planned in the respect of geographical area;

b) Assume the articulation and optimization of the exploration, aiming at efficiency and effectiveness

of the public passenger transport service as a whole,

regardless of their purpose, nature or type of exploitation,

considering, specifically:

i) The public service of regular passenger transport;

ii) The public service of flexible passenger transport;

iii) The transport in taxi;

iv) The school transport services;

v) Other mobility solutions.

2-A The transport authority shall ensure the articulation of the services of its

competence with the services of the competence of other transport authorities,

particularly in adjacent geographical areas and with the services carried out through

of the heavy and light rail modes, fluvial, road on site and express

that they go through or serve the geographical area of their competence.

2. When the public passenger transport service, of the competence of a

certain transport authority, understand secondary interlocking services

with the geographical area of the competence of another transport authority, the latter

should be consulted by the first in the framework of the organization of the respected services of

transportation.

3-The planning and coordination of the public passenger transport service shall

take into account the minimum levels of public passenger transport service referred to

in the following article.

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Article 13.

Minimum levels of public passenger transport service

1-Transport authorities plan and coordinate public transport services

of passengers of their competence, so as to promote fairness in the treatment and the

equity of citizens ' opportunities in access to transport, contributing to the

economic, social and territorial cohesion, and shall, to the effect, ensure, in a manner

progressive until December 3, 2019 at the very least, the public service levels of

transport of passengers listed in the Annex to the present RJSPTP and which it is a part of

member.

2-The competent transport authorities must adopt the modes of transport and

models of organization and operation of the public passenger transport service

that, in each case, prove to be more appropriate to demand and be economically

sustainable and rational, meeting the minimum levels referred to in the previous number,

specifically the intermodal and flexible operating models.

3-Until December 3, 2019, the degree of implementation of the levels should be awounded

minimum public passenger transport service service at the national level and assessed their

suitability to the satisfaction of the mobility needs of populations and volume

of public resources required and available for their funding.

4-Minimum levels of public passenger transport service may be

updated by decree-law.

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CHAPTER IV

Operation of the public passenger transport service

SECTION I

General principles

Article 14.

Access to the exploration activity of the public passenger transport service

Public passenger transport service can only be exploited by people

singular or collective that comply with the requirements of access to the activity pursuant to the

applicable legislation, without prejudice to the provisions of this RJSPTP, as to the exploitation of the

public service of flexible passenger transport.

Article 15.

Forms of operation of the public passenger transport service

1-The public passenger transport service can be explored:

a) Directly by the competent transport authorities, specifically with

recourse to own means;

b) Upon assignment, through the conclusion of public service contract:

i) To internal operators;

ii) To other public service operators;

c) Upon authorization, in the case of the public passenger transport service

expressed, pursuant to Rule 32.

2-Public service contracts may cover a line, a set of lines or

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a network covering the geographical area of one or more transport authorities

contiguous competent.

Article 16.

Internal operators

1-Internal operators explore the public passenger transport service

directly or by subcontracting, in the terms of the following number, in

compliance with the provisions of the Regulation.

2-Internal operators can exploit the public passenger transport service

by subcontracting to other operators, under the Regulation and the rest

applicable legislation, particularly of the Public Procurement Code, always subject to

authorization of the competent transport authority.

3-A position of any internal operator under the statutory, regulatory schemes

or contractual applicable to the operation of the public passenger transport service,

may be ceded to another internal operator, upon agreement between the authority of

competent transport and the internal operators involved.

4-The provisions of the preceding paragraph shall not imply the expiry of the legal, regulatory regime

or contractual applicable to the holding.

SECTION II

Forms of contracting of the public passenger transport service

Article 17.

Selection of public service operators

1-A selection of any public service operator follows the established legal regime

in the Regulation and the Code of Public Procurement, without prejudice to the provisions of the

present RJSPTP.

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2-The selection procedures of a public service operator, of which it can

result in the assumption of charges for the State Budget, become dependent on the

prior approval of the members of the Government responsible for the area of finance and the

transport, under penalty of nullity of the award act.

3-It is up to the competent transport authority to prepare and approve the procedure of

selection of the public service operators, specifically the programme of the

procedure and the respective notebook of charges, in the terms of the Regulation and the

Code of Public Procurement.

Article 18.

Direct adjustment

1-A The operation of the public passenger transport service may be awarded by

direct adjustment, by the competent transport authority, to internal operators or to

other public service operators, pursuant to Article 5 of the Regulation and in the

respect for the provisions of the Code of Public Procurement.

2-A The operation of the public passenger transport service may still be awarded

by direct adjustment by the competent transport authority in excecional situations

intended to ensure the public interest, specifically in the event of a ruture or

eminent risk of ructure of services or in emergency situations.

3-In the emergency situations, the competent transport authority may, in

alternative to direct adjustment, opt for the extension, upon agreement with the operator of

public service, of the deadline of a particular public service contract.

4-In any of the cases referred to us

n. ºs 2 and 3, the contracting period may not exceed the period required for completion

of a concursal procedure, in the terms of the present RJSPTP and the other legislation

applicable, and may not, under any circumstances, exceed the two years.

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SECTION III

Public service contract for passenger transport

Article 19.

Types of contracts

1-The public service contract may assume the nature of contract award of

public service of passenger transport and service provision contract

public transport of passengers.

2-It is considered a contract for public service concession of passenger transport,

the one in which the public service operator forces itself to explore the public service of

transport of passengers, under conditions and for a period determined by the authority

of competent transport, in the name of its own and under its responsibility, being

remunerated, in whole or in part, by the fares charged to passengers.

3-It is considered a contract for the provision of public passenger transport service,

the one by which the public service operator forces itself to provide the public service of

transport of passengers under conditions and for a period determined by the authority

of competent transport, upon payment of a particular remuneration

on the part of that.

4-It is also admitted to the conclusion of public service contracts that they meet

characteristics of the contracts mentioned in paragraphs 2 and 3.

5-Public service contracts referred to in the preceding paragraphs may provide for

incentive schemes and penalties associated with the performance of the service operator

public.

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Article 20.

Form and content of the contract

1-The contract of public service is compulsorily reduced to writing, from it

record clearly the rights and obligations of each party and the

characteristics of the public transport service to be provided, specifically, and when

applicable:

a) The remuneration model of the public service operator, including the eventual

compensation for public service obligations provided for in the contract and the

criteria for their determination, when they are imposed;

b) The model of counterparts to be paid by the public service operator to the authority

of transport competent by the right of operation of the public service of

carriage of passengers;

c) The regime of risk sharing and responsibilities, between authority of

transport and operator, inherent in the contract, specifically in the face of

passengers and third entities;

d) The entitlement and the mode of allocation of the revenue generated by the holding of the

service;

e) The scheme of incentives and penalties,

where applicable.

f) The spatial and temporal coverage of demand and supply, the transport bonds to

make available, the tariff respect and the system of bilhtics and the ways of

intermodal articulation;

g) The term of the contract, in accordance with that provided for in the Regulation;

h) The exclusive rights assigned and or the obligations of public service, if they are

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imposed;

i) The modalities of apportionment of costs linked to the provision of the services,

notably, the costs of personnel, energy, management, maintenance and

operation of vehicles;

j) The quality parameters of the service, contemplating the quality criteria

more relevant to passengers, such as punctuality, information

provided, the occupancy rate, the customer support service, the cleaning and the

conservation of vehicles;

k) The parameters of environmental and energy quality, safety, accessibility to

people of reduced mobility and comfort associated with vehicles;

l) The system of execution indicators and contract surveillance, its specification,

data transfer requirements, entitlement of the system and process of

audit, reporting obligations, as well as the form and periodicity of your

communication;

m) Rules relating to the modification and non-compliance of the contract by the parties, well

as to their resolution;

n) Indication of the cases in which the amendment, suspension or resolution of the

contract, for reasons of public interest;

o) The ownership of the rolling stock and the remaining means affecting the holding and the

respect planning and management;

p) The regime associated with the establishment of the concession;

q) The applicable collateral, under the terms set out in the Code of Public Procurement.

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2-Compete to the transport authorities to follow up on the contracts of

public service of which they are holders under the present RJSPTP, directly or

by delegation of competences, and to monitor the compliance,

specifically on the basis of the information contained in the scope information system

national referred to in the following article, as well as in the set of indicators

established in the contracts concluded.

3-The contract may provide for the commencement or phased term of the exploitation of the public service of

transport of passengers, specifically by lines, geographical areas or modes of

transportation.

Article 21.

Duty of information and communication

1-Public transport services of passengers on operation at the date of entry into

vigour of the present RJSPTP, as well as those assigned under the same, are the object of

compulsory registration in an information system, of a national scope, the management of which is

responsibility of the IMT, I.P., in cooperation with the transport authorities

competent, in the terms of deliberation to be approved by the IMT's directional board, I.P.

2-Public service operators who exploit the services referred to in the number

previous must register in the information system mentioned therein, within 60 days, the

counting from the date of the entry into force of the present RJSPTP, or after the start of the holding

of any new public passenger transport service, as applicable, the

alphanumeric and geographical data relating to that service, specifically as to the

pathway, stops, schedules, tariff and connections with other public services and

public equipment.

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3-Within 60 days, from the date of the entry into force of any modification of

public passenger transport service, public service operators must

update, in the information system referred to in paragraph 1, the data referred to in the number

previous.

4-Anually, by the end of the first semester, the public service operators must

record or update, in the information system referred to in paragraph 1, the respect for the report and

annual accounts regarding the previous year, as well as the annual data to be defined by

deliberation to be approved by the IMT's directional board, I.P., which include,

specifically, and for each line, geographical area and title of transport, the following

information:

a) Geographical and alphanumeric data of characterization of each line and stop;

b) Time;

c) Tariff rates;

d) Numero of vehicle.km produced;

e) Number of lugares.km produced;

f) Number of passengers carried;

g) Number of passengers .km carried;

h) Number of lugares.km offered;

i) Annual tariff revenue and sales;

j) Direct and indirect costs of the operation, in accordance with accounting standards in

vigour;

k) Average commercial speed at the peak hour and outside of the peak hour;

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l) Vehicle typology used, including capacity, type of fuel and the

average consumption per km.

5-The record of the data referred to in the previous figures is up to the service operators

public respect, competing with the transport authorities to ensure that such registration

is effectuated, as well as validating the data.

6-Public service operators must disclose to the public, on the Internet, information

detailed relevant on the carateristics of the public transport service provided,

pursuant to the terms to be defined by deliberation to be approved by the IMT's directional board, I.P.,

by competing with transport authorities to verify compliance with this article.

7-The competent transport authorities, the IMT, I.P., and the Mobility Authority

and of Transport (AMT), may carry out technical and financial audits to the

operation of the public service operators, having these the duty to collaborate

in the same.

8-A information provided under this article may be disclosed to the public,

specifically for the purpose of preparation of concursal procedures, without prejudice

of the salvuagarda of information that constitutes commercial or industrial secret or secret

relating to literary, artistic or scientific property.

9-The provisions of this Article shall also apply to public transport services

of express, flexible and school passengers.

10-The information system provided for in this article interlinks with the platform of

interoperability of the Public Administration and with the online search system of

public information referred to in that of the Decree-Law No 135/99 of April 22,

changed by the Decrees-Laws n. ºs 29/2000, of March 13, 72-A/2010, of 18 of

June, and 73/2014, of May 13, and ensures compliance with Law No. 36/2011, of 21

of June.

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Article 22.

Public service obligations

1-The competent transport authorities may impose public service obligations

to the public service operator, which shall be formulated in an express manner and

detailed, by reference to specific, objective and quantifiable elements.

2-Public service obligations are established through contract to be concluded with the

public service operator, from the porterie of the members of the Government responsible for the

areas of finance and transport or act of the executive body of the authority of

competent transport.

Article 23.

Compensation for public service obligations

1-Compliance with public service obligations may confer the right to a

compensation for public service obligation, to be allocated by the transport authority

competent for the operator of public service respect.

2-A allocation of the compensation referred to in the preceding paragraph, where applicable, is effected

pursuant to the Annex to Regulation and Decree-Law No 167/2008 of August 26,

amended by Law No. 64/2013 of August 26.

3-Under the terms of the provisions referred to, the compensation for public service obligation

may not exceed an amount that corresponds to the net financial effect arising out of

of the sum of the incidences, positive or negative, of the execution of the duty obligation

public on the costs and revenues of the public service operator.

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4-The incidences referred to in the preceding paragraph are calculated by comparing the whole of

costs and revenue of the public service operator in a scenario of existence of obligation

of public service, with those arising from a scenario with no existence of obligation to

public service and in which the services covered are explored under conditions of

market.

5-Should another value not be set out in a public service contract or in one of the acts

referred to in paragraph 2 of the preceding Article, considers itself, for the purposes of the clearance of

positive and negative incidences resulting from public service obligations

established in respect of tariffs, that the elasticity of demand for the price is 1/3.

6-When the establishment of a given public service obligation to a given

public service operator results in a benefit to third party operators,

specifically stemming from the increase in demand, the transport authority

competent may determine the sharing of that benefit with the authority of

transport and or with the public service operator to which the obligation was imposed

public service.

Article 24.

State aid

Any other compensations, aid or aid from public entities are prohibited

public service operators who do not enroll in the present terms of the present

RJSPTP or the applicable law, specifically the Regulation and legislation in

matter of competition.

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Article 25.

Public transport service of affluent and fuelled passengers

1-The competent transport authorities shall privilege, for reasons of efficiency and

effectiveness of the mobility system, a structured and fluid intermodal relationship between

public transport services of affluent and fuelled passengers.

2-For the purposes of the provisions of the preceding paragraph, the competent transport authority

may determine the creation of certain public passenger transport service

affluent that carries out the link to certain public passenger transport service

in heavy and light rail, fluvial or road mode on a site of its own,

promoting the intermodality and efficiency of the transport system.

3-The provisions of the preceding paragraph can be realized through the creation of

determined public passenger transport service and or reformulation of the

pathway of certain existing service.

4-The public transport service of affluent passengers can be explored in the

public service modality of regular or flexible passenger transport.

5-For the purposes of the provisions of Article 40, applicable case, the balance shall be taken into account

global revenue addition generated in the public passenger transport service

affluent, but also in the public passenger transport service by them

fed.

6-A The competent transport authority may determine the establishment of a

compensation, to be allocated to the operator of the public passenger transport service

affluent by the operators of the food services fed, pursuant to the

article 40, specifically through the establishment of a specific mechanism of

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sharing of revenue from intermodal tariff systems, applicable to transport securities

of the public passenger transport service fed.

Article 26.

Exploitation in exclusive scheme

1-The contract of public service or the acts referred to in Article 22 (2) may provide for

the assignment of an exclusive right to the public service operator, during the period

of exploitation of the public passenger transport service, specifically as

counterpart to the fulfilment of determined public service obligations, without

injury to the provisions of the following numbers.

2-A The possible allocation of an exclusive right concerns only the mode of transport

object of the public service contract in question, unless expressly established in

contrary to the contract or in one of the acts referred to in Article 22 (2), and the service

public transport of passengers whose competence kayba to the transport authority

that assigned them.

3-A assignment of an exclusive right to a particular public service operator in

certain geographical area does not prevent or limit:

a) The exploration, by other public service operators or directly by the

competent transport authority, of certain public service of

transport of passengers crossing that geographical area, in order to ensure

the links with adjacent geographical areas;

b) The exploration, by other public service operators or directly by the

competent transport authority, of the school transport service, of the service

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public transport of complementary or replacement passengers and the

express services;

c) The exploration, by other public service operators or directly by the

competent transport authority, public transport services of

additional passengers to the contrupdated services, which that operator does not

demonstrate an interest in exploring, specifically of the transport service

public passenger flexible or public passenger transport service

affluent, in zones or periods of the day not covered by the exploitation assigned in the

scope of the exclusive right.

4-A The holding referred to in the a ) of the previous numero is subject to prior consultation of the

competent transport authority of the geographical area crossed or interconnected, by the

operator interested in providing the service in question, regarding the pathways and locations

parting of the public transport services concerned.

5-In the case provided for in paragraph c ) of paragraph 3, when another public service operator

intends to explore the public passenger transport service that the operator who

holds the exclusive right to show no interest in exploring, or when the authority

of competent transport wishes for itself to carry out such exploitation, this proposes

an agreement to the proprietor public service operator of the exclusive right for the purpose of

modification of the contract in force, taking into account the provisions and limits applicable in

public procurement matter.

6-In case it is not possible to reach the agreement referred to in the preceding paragraph, the authority of

competent transport can, on your initiative, launch the contracting procedures

provided for in the present RJSPTP and the other applicable legislation, for the purposes of the award

of the operation of the public passenger transport service concerned.

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Article 27.

Financial consideration for the right to operate public transport service

of passengers

The competent transport authority may condition the allocation of the right of

operation of public passenger transport services to the payment of

financial counterpart by the paying public service operators.

SECTION IV

Conformation of the contractual relationship

Article 28.

Modification of the contract

1-A competent transport authority and the public service operator may agree

in the modification of the public service contract, with respect to the operating rules and

requirements of the public service, which may include additions or suppressions of

transport services, taking into account the limits set by the applicable law

on public procurement and in the public service contract.

2-The public service contract may also be modified by administrative act of the

competent transport authority, on grounds of public interest,

under the terms of the public service contract, the present RJSPTP and the Code of

Public Procurement.

3-A modification, creation or deletion of certain public transport service of

passengers tapped by a public service operator does not confer on one another

public service operator, not covered by the scope of that contract, the right to

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any compensation.

Article 29.

Sharing of benefits

1-A The competent transport authority is entitled to the sharing, in equitable terms,

of the benefits of the operation of public transport services obtained by the operator

of public service, in the event that legislative changes of a specific character occur,

be issued authorizations or determinations of the said authority, or in the rest

situations provided for in the applicable legislation, which have a favorable direct impact on the

results relating to the services concerned, and the transport authority shall

competent, for this purpose, to notify the affected public service operator of the

verification of any of the indicated situations.

2-After the notification referred to in the preceding paragraph, the competent transport authority

and the public service operator should start negotiations with a view to the definition of the

amount of the benefit and the definition of the modality and too much terms of the assignment to the

transport authority on the part of the benefit that couber you.

3-For the purposes of the provisions of the preceding paragraph, the share of the benefits provided for in

this article, to which the transport authority is entitled, is deducted to the value of the

compensation for public service obligation, should these be due by

transport authority to the public service operator.

Article 30.

Punctual adjustments

1-Without prejudice to the remaining modalities of modification of the contract established in the

public service contract, in the present RJSPTP and in the Code of Public Procurement, the

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competent transport authority may, for reasons of public interest and by

reasoned decision, determine the punctual adjustment of the public service of

transport of passengers, with regard to:

a) Pathways and stops;

b) Times and frequencies;

c) Regime of regularity and flexibility of the service.

2-The punctual adjustment of the public passenger transport service, provided for in the

previous number, may cover one or more changes to the public service network of

transport of passengers operated by the operator, which are limited to respect

cumulative of the following conditions:

a) Do not involve, in each year of contract, a modification of more than 10% of the total

of annual vehicles set out in the contract or from 25%, should you find yourself in the

course of the first two years of contract;

b) Do not result in a global balance of annual vehicle.km higher than established in the

contract;

c) Do not anticipate or exceed the daily time of start and end of operation of each

line;

d) Not to add exploration days to the contractually forecasted;

e) Not to imply an increase in the fleet or human resources required by

exploitation of the network in question.

3-The punctual adjustment of the public passenger transport service, within the

limits provided for in the preceding paragraphs, does not imply the allocation of compensation to the

public service operator.

4-A punctual adjustment decision of the public transport service shall be

communicated by the competent transport authority to the public service operator,

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with a minimum advance of 30 days.

Article 31.

Joint exploration and subcontracting agreements

1-A exploration of the public passenger transport service founded on contract of

public service may be the object of subcontracting, provided that this is authorized by the

competent transport authority, in respect of the limits imposed on the

Regulation.

2-Two or more public service operators who find themselves exploring the service

public transport of passengers in adjacent geographical areas or in pathways

or full or partially coincidental times may propose to the authority of

competent transport a joint operation of all or part of the services

that explore.

3-A The proposal referred to in the preceding paragraph shall contain the terms of the operating agreement

joint as well as the sharing of benefits and responsibilities between the operators of

public service involved.

4-Compete to the competent transport authority to decide on the authorisation of

joint exploration of public passenger transport services.

5-A The competent transport authority may condition the authorisation referred to in

number prior to the sharing of the benefits resulting from the joint operating agreement

with the transport authority or the adoption of pathways, schedules or tariff

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specific that serve the public interest and promote the mobility of passengers.

CHAPTER V

Public express passenger transport service

Article 32.

Public express passenger transport service

1-The public service of express passenger transport is explored in a regime of

free access, by prior communication to the IMT, I.P., observed the requirements

established in special legislation.

2-A legislation referred to in the preceding paragraph sets out the general rules applicable to securities

and fares to invigorate in the public express passenger transport services.

3-The public service of express passenger transport can also be explored from

agreement with the scheme provided for in section I of the following chapter, for the public service

of flexible passenger transport.

4-Transport interfaces shall ensure non-discriminatory access and equality

of opportunities to all operators of public transport services of

express passengers, specifically as to the facilities, workshops, parking,

box office, service systems, sales and information to the public, and the

respect regime to be established by porterie of the member of the Government responsible for the

area of transport or by deliberation of the AMT.

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CHAPTER VI

Public service of flexible passenger transport and public transport service

school

SECTION I

Flexible passenger transport service

Article 33.

Regime

1-A exploitation of public passenger transport service may occur in regime

of regular, flexible or mixed exploitation, depending on the transport needs to

satisfy in the geographical area to serve.

2-A The operation of the public flexible passenger transport service can be effected

in one or several of the following modalities:

a) Flexibility, total or partial, in the determination of stops, of the itineraries, of the

frequencies and times of services;

b) Flexibility in the capacity and characteristics of vehicles to be affected with each service;

c) Existence of solicitation systems or booking of service by the passenger;

d) Special tariff regime;

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e) Operation of the service through the use of framing means and resources in the

provisions of paragraph 2 of the following article;

f) Operation of the service through the use of means and resources affections for transportation

school.

3-A The operation of the public flexible passenger transport service is allocated having

into account the public passenger transport service already existing in the same area

territorial, and may the said exploitation, if applicable, be integrated or articulated with

the regular public passenger transport service already explored in the framework of the

same mode or other modes of transport.

4-A The operation of the public service of flexible passenger transport can be attributed

in geographical areas in which exclusive rights of exploitation have been assigned,

in the terms provided for in Article 26 (5) and (6).

Article 34.

Allocation of the operation of the public service of flexible passenger transport

1-A The operation of the public flexible passenger transport service is allocated by the

competent transport authority in accordance with the rules of Chapter IV.

2-Without prejudice to the provisions of the preceding paragraph and Article 14, they may be fixed, by

would pore from the member of the Government responsible for the area of transport, rules

specific and simplified concerning access to the activity, the organization of the market, the

drivers and vehicles, applicable to the public service of flexible passenger transport.

Article 35.

Convolation of the public passenger transport service

1-A The exploration of certain public service of regular passenger transport can

be convolated in public service operation of flexible passenger transport or

mixed, upon authorization of the competent transport authority, the application

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of the person concerned, without prejudice to the rules set out for the purpose in contract of

public service concluded in advance and of the rules relating to modification of the contract

provided for in the Code of Public Procurement.

2-For the purposes of the provisions of the preceding paragraph, it is understood by convolution, the conversion of

an authorisation for the exploitation of certain public transport service of

regular passengers in authorization for the exploration of public transport service of

flexible or mixed passengers, as well as the inverse situation.

SECTION II

Public school transport service

Article 36.

Organization of school transport

1-It shall be up to the municipalities, within the framework of their competences and the legislation applicable to this

matter, the organization and funding of the public school transport service

within the respect of geographical area, without prejudice to the possibility of delegation or

sharing those skills, pursuant to the provisions of Article 10.

2-The public school transport service is secured with recourse to own means of the

municipality or the competent transport authority, if different from the municipality,

through specialized school transport services or the public service of

transport of regular or flexible passengers existing in the geographical area concerned.

3-The provisions of the preceding paragraph shall be without prejudice to the applicationsof the current legal provisions

relating to financial transfers from the State Budget consigned to the

financing of expenditure on school transport.

4-A The hiring of specialized school transport services is carried out according to

the applicable law in public procurement, and may provide for, when

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appropriate, the possibility of use of the occupancy capacity of the vehicles by

other passengers, in the flexible public transport service regime.

5-A The exploitation of school transport services may still be included in the object of the

procurement procedures for public passenger transport services

set out in Chapter IV, in accordance with the rules set out in the respect

procedure by the competent transport authority.

6-The terms of the operation of the school transport service contracted in accordance with the

provisions in the preceding paragraphs may be modified in the course of time

contractual, meeting the evolution of the transport needs arising from the

fluctuations in the school population and the school park's respected, under the legislation

applicable in public procurement.

CHAPTER VII

Securities and transport fees

Article 37.

Transport bonds

1-General rules relating to the creation and provision of transport and systems securities

of intelligent transport are defined by porterie of the members of the Government

responsible for the areas of finance and transport.

2-A The definition of the transport securities to be made available in a particular public service of

transport of passengers, as well as the definition of the specific rules applicable to the

intelligent transport systems, in particular to the management of the billetic system, to the

provision to users of support card and distribution of respect revenue

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and to the collection, provision and processing of information, fit the authority of

competent transport and shall observe the general rules referred to in the preceding paragraph,

may be established by deliberation of the executive body of the authority of

competent transport and shall appear in the public service contract, when this

exists.

3-A The definition of the transport securities pursuant to the preceding paragraphs shall privilege

the tariff integration, intermodality and the use of intelligent systems of

transport, considering yet, when appropriate, the special needs of

transportation or specific passenger groups, without prejudice to the provisions of the

article 22, applicable case.

4-The provisions of paragraph 2 do not make it impossible for public service operators to

propose to the competent transport authority the creation of transport securities, in the

Terms of the following article, by staying their provision subject to approval of this.

Article 38.

Securities of the operators ' initiative

1-Public service operators may propose to the transport authority

competent, jointly or not with other public service operators, the creation

of monomodal bonds.

2-A The creation of the securities referred to in the preceding paragraph shall be subject to the authorization of the

competent transport authority, taking into account the planning, the articulation, the

integration, sustainability and optimization of the transport system.

3-A The provision of securities of the initiative of the public service operators, in the terms

of this article, does not confer a right to compensation for public service obligation.

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Article 39.

Fixing and updating of tariffs

1-Without prejudice to the contractually foreseen tariff rules, they may be established

general rules regarding the setting of maximum price values and updating of tariffs,

in the terms of the porterie referred to in Rule 37 (1).

2-In respect of the tariff rules set out in the terms of the preceding paragraph,

compete for the competent transport authorities for the approval and fixing of the tariff

to invigorate in the respects geographical areas, taking into account, if applicable, the proposal of the

public service operators.

3-Incumbent to the public service operators the disclosure of the transport securities

available and fares in force, at the places of sale to the public and on the respective sites in the

Internet, without prejudice to other means of disclosure taken by appropriate.

4-Without prejudice to the provisions of the preceding paragraph, it is incumbent on the transport authorities to

disclosure of consolidated information regarding the available transport securities and

tariffs in force in its geographical area of competence.

Article 40.

Breakdown of revenue by the use of intermodal transport securities

1-Without prejudice to the contractually foreseen rules, the definition of criteria for the

distribution of revenue by the use of intermodal securities, among the operators

involved, is established by the competent transport authority, except

in respect of the securities provided for in Article 38.

2-For the purposes of the provisions of the preceding paragraph, when the transport authority

competent for the State, or are in question appropriations from the State Budget, the

definition of criteria for the allocation of revenue by the use of intermodal securities is

established by poration of the members of the Government responsible for the areas of

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finance and transport.

3-The criteria referred to in the previous figures are objective, measurable and auditable.

CHAPTER VIII

Supervision, surveillance and sanctionatory regime

Article 41.

Supervision and surveillance

1-A operation of the public passenger transport service under the provisions of the

present RJSPTP, is subject to the supervision and surveillance of the transport authorities

competent, which may promote, in that scope, the audits held by

convenient, in the terms of the law.

2-Within the scope of its supervisory and supervisory tasks, the authorities of

competent transport supervise and scrutinize the activity of the service operator

public in all that respects the exploitation of the services and their compliance with the

provisions of the present RJSPTP and in the other applicable regulations, as well as, if

applicable, compliance with the provisions of the public service contracts in which it is founded

the exploitation of the public passenger transport service.

3-The public service operator faculty to the competent transport authority or

any other entity by this designated, provided that duly accredited, free

access to its facilities, as well as to all documents relating to the facilities and

activities pursued under the provisions of the present RJSPTP, including the

statistics and the management records used and provides on all such documents the

clarifications that are requested to you, by staying the transport authority

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competent or the entity per se designated obliged to comply with the confidentiality of the

material that revisits the nature of commercial secrecy, in the legal terms.

4-The determinations of the transport authority that are to be expressly

issued in the framework of the supervisory powers are immediately applicable and binding

the public service operator, without prejudice to the possibility of recourse to the means

judicial available.

5-When the public service operator fails to comply, within the time limit reasonably

it is fixed to it, the determinations expressly issued by the transport authority

competent within the scope of its supervisory powers, assists the authority of

competent transport the faculty of proceeding to the correction of the situation, directly or

through third parties, being the costs incurred for the effect borne by the operator

of public service.

6-A The competent transport authority may resort to the collateral, if it exists, to

payment of the costs incurred in application of the provisions of the preceding paragraph, without

prejudice to the possibility of recourse to the available judicial means.

7-Can further scrutinise compliance with the provisions of the present RJSPTP and its

regulation, in the terms of respect attributions and competences, the Guard

Republican National, the Public Security Police, the Municipal Police, the IMT, I.P., the

AMT, the municipalities, the inter-municipal communities, metropolitan areas and other

entities with attributions and supervisory competencies about the activities

economic and activities of the mobility and transport sector.

Article 42.

Responsibility of the public service operator

1-The public service operator responds, in the terms of the public service contract or

of the title that enables you to operate, and of the present RJSPTP and of the other applicable legislation,

for any damage caused in the exercise of the exploitation of the public service of

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transport of passengers, by fault or at risk, not being the authority of

competent transport responsible in this scope.

2-The public service operator responds still, in the general terms of the principal relation-

commissioner, for the damage caused by the entities by you hired for the

development of the operation of the public passenger transport service to the

shelter from the provisions of the present RJSPTP.

Article 43.

Default

1-Without prejudice to other applicable sanctionatory mechanisms and saved when the

situations of default are regulated in a public service contract, in

case of serious or repeated default, on the part of the public service operator,

of the obligations incumbent on it, the competent transport authority may

determine the suspension of the provision of the public service in question, by the maximum period

of one year, or proceed to the revocation of the respect for authorization.

2-For the purposes of the provisions of the preceding paragraph, the competent transport authority

must notify the public service operator of the default and give it the possibility

to comment within a period of not less than five days.

3-After proceeding to the hearing of the public service operator, in the terms of the schedule

in the preceding paragraph, the competent transport authority may require you to cum the

default on a reasonable time limit, which the authority fixes to the effect.

4-Case, after the representations made in the preceding paragraphs, the default if

maintain, the competent transport authority may apply the targeted sanctions in the

n. 1.

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5-In any case, the serious or repeated non-compliance of the obligations that it shall fulfil

to the operator may give way to the suspension of payment of the compensations to which it has

right under Rule 23, while it lass the default.

Article 44.

Contractual sanctions

1-The public service contract shall provide for the application of contractual fines for the case

of failure to comply with the obligations set out in it, by the transport authority

competent to be a party to the contract to its application, to which it is dependent on

prior notification being notified to the public service operator to repair the

default, within the term set out in the contract.

2-The deadline for repairing the default is set according to criteria of

reasonableness and always takes into account the defence of the public interest and maintenance in

operation of the public passenger transport service concerned.

3-A The challenge of the act applying the fine does not suspend the obligation to pay the

same.

4-The product of contractual fines reverses to the competent transport authority.

5-In case the public service operator does not proceed to voluntary payment of the fines

contractual that you apply to you, within 10 working days, from your

notification by the competent transport authority, this may use the surety, case

exists, for payment of the same.

6-In the event that there is no collateral, or of its amount being insufficient for payment

of the fines, the competent transport authority may deduct the outstanding amount in the

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amount of compensation for public service obligation by it due to the operator

of public service concerned.

7-The minimum and maximum values of contractual fines are set in the contract of

public service, owing to its concrete determination, by the transport authority

which is a party to the contract, meet the severity of the infraction.

8-A The application of the fines provided for in this article does not exempt the service operator

public of the responsibility, specifically criminal and civil, to which there will eventually be

place.

Article 45.

Counterorders

1-Constituent counterordinance, punishable with fine, the following infractions:

a) The exploitation of the public passenger transport service, online or in

network, without contract or authorization, in violation of the provisions of Articles 14 and 15;

b) Failure to comply with public service obligations as defined in the

contract or pursuant to Rule 22;

c) The failure to comply with the operating rules of the public transport service of

express passengers, referred to in Article 32;

d) The subcontracting of the operation of the public passenger transport service,

without permission from the competent transport authority, in violation of the

provisions of Article 16 (3) and paragraph 1 of Article 31;

e) Failure to comply with the duty of information and communication referred to in Article 21;

f) The exploitation of the public service of flexible passenger transport, in violation

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of the provisions of Articles 33 to 35 and of the respect of the regulations;

g) The failure to comply with the rules on the tariff system applicable to the

public service operators, provided for in Article 39 and in respect of

regulation;

h) The exploitation of the public passenger transport service without the authorization

for the maintenance of the operating regime on a provisional basis referred to in the

articles 10 to 12 of the law approving the present RJSPTP, where applicable.

2-The counterordinations provided for in points a ), d ) and e) of the previous number are punishable

with fine of € 1250 a € 3740 or € 10000 a € 30000, depending on whether they are practiced

per natural or collective person, being attributable to the public service operator.

3-The counterordinations provided for in points c ), f ) and g ) of paragraph 1 are punishable with a fine of

€ 15000 a € 44 891.81, being imputable to the public service operator.

4-The counterordinations provided for in the preceding paragraphs shall apply to the general scheme of the

counterordinations, approved by Decree-Law No. 433/82 of October 27.

5-A negligence and the attempt are punishable.

Article 46.

Ancillary sanctions

1-Concurrently with the fine, the application of the ancillary sanctions can be determined

provided for in points b ) and g ) of Article 21 (1) of the general regime of the counterordinations,

approved by Decree-Law No. 433/82 of October 27, depending on the seriousness of the

infraction and the fault of the agent, in the case of the counterordinances provided for in the subparagraphs a ) and d )

of paragraph 1 of the previous article.

2-The ancillary sanctions referred to in the preceding paragraph shall have the maximum duration of two years.

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Article 47.

Processing

1-A The initiation and instruction of the counterordinance processes compete with AMT, being the

Application of the fines and ancillary sanctions of the competence of the respect

board of directors.

2-A AMT must keep an organized and up-to-date record of all infractions

committed under the legislation in force.

3-Transport authorities transmit to the AMT the subsumble facts to the types

counterordinations provided for in the previous article, immediately after they take

knowledge of your verification, and collaborate in the instruction of the process

counterordinate.

Article 48.

Product of the fines

The product of the fines applied by virtue of the present RJSPTP reverses:

a) In 25%, for the entity that transmits to the AMT the facts subsumed to the types

counterordinations provided for in Article 45, constituting its own revenue;

b) In 45%, for the AMT, constituting its own revenue;

c) In 30%, for the state.

Article 49.

Attributions and competences of the Mobility and Transport Authority

The assignments and competences committed by the present RJSPTP to the authorities of

transport does not take into question the skills and assignments of the AMT in relation to

public passenger transport service, pursuant to the terms set out in the respective Statutes.

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Article 50.

Administrative simplification

1-Administrative procedures covered by the present RJSPTP and by others with

they are related, must perform quickly and simplified to the citizen, companies

and public entities, tramping preferentially by electronic means.

2-All administrative procedures provided for in this RJSPTP, for whose

statement or final decision is lawful or by regulation required the submission of

certificates or statements of administrative entities, are covered by the Decree-

Law No. 135/99 of April 22, amended by the Decrees-Laws 29/2000, of 13 of

march, 72-A/2010, of June 18, and 73/2014, of May 13, specifically by the

provisions of its Articles 28, 28-A and 32, as well as by the Decree-Law No. 114/2007,

of April 19.

Article 51.

Emission and management fees

Without prejudice to the own powers of local authorities, the issuance of permits

provisional and the conclusion of public service contracts, as well as their

monitoring and surveillance, entail the payment of emission and management fees, in

terms to be approved by joint portaria of the Government members responsible for the areas

of finance and transport.

Article 52.

Subsidiary legislation

On public procurement, in everything that is not established in the present

RJSPTP, applies as provided for in the Code of Public Procurement and Regulation.

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ANNEX

(referred to in Article 13)

Minimum levels of the public passenger transport service

I. Criteria

1-For the purposes of specification and monitoring, the minimum public service levels of

transport of passengers are defined through the following criteria:

a) Territorial coverage;

b) Temporal coverage;

c) Convenience;

d) Dimensioning of the service;

e) Information to the public.

2-A operationalisation of the minimum public service levels of passenger transport,

referred to in the preceding paragraph shall consider the following references:

a) The geographical area in which the public service develops, as well as the

territorial structures and urban systems established in the headquarters of instruments of

territorial planning, particularly in the National Programme of Policies of

Spatial planning and regional planning programmes

territory and the municipal directors plans;

b) The existing transport and mobility planning tools, the

mobility patterns associated with both the needs of access to poles

generators / attractors of displacement and the equipment and public services of

reference, specifically in the areas of health and education, as well as the

pendular movements arising from the results of the general census of the

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population (Census) latest or other sources of information gathering.

3-In duly substantiated cases, where the full operationalization of the levels

minimum public passenger service of passenger service is disproportionately

difficult or requires the application of disproportionate economic-financial means or

not available, transport authorities are punctually dispensed from the

application of the minimum public service levels of scheduled passenger transport

in the present Annex.

II . Territorial coverage

1-The criteria for territorial coverage are related to the geographical breadth and

with the internal conetivity offered by the public transport services of

passengers.

2-These criteria aim to specify to what extent the network allows to establish links between

the various areas of the geographical area served under suitable conditions, specifically

in terms of total travel time.

3-For the purpose of setting the minimum level of public transport service of

passengers, the following criteria for territorial coverage must be met:

a) All sites with resident population of more than 40 inhabitants, according to

data from the latest Census available, should have access to public service

of flexible passenger transport or, when the demand justifies it, the service

regular passenger transport, which ensures your connection, direct or

through transshipments, to the registered municipality headquarters and to the main

municipal-level reference equipment and services;

b) All of the county seats must have a public transport service of

flexible passenger or, when the demand justifies it, public transport service

of regular passengers, which ensure their connection with the remaining sedes of

concelho from the intercity community or metropolitan area in which they are inspired,

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without prejudice to the provisions of criterion IV.

III . Temporal coverage

1-The temporal coverage criteria are related to the hourly amplitude and rhythm

of operation of public passenger transport services.

2-These criteria aim to specify to what extent:

a) The time period of operation satisfactorily covers the needs of

travel of populations;

b) The hourly distribution of the service throughout the day satisfactorily covers the

needs for displacement of populations.

3-For the purpose of setting the minimum level of public transport service of

passengers, must be complied with, through public transport service of

flexible passenger or, when the demand justifies the justifying, public transport service of

regular passengers, the following temporal coverage criteria:

a) The schedules practiced shall be adjusted to the needs of the population and to the

period of operation of public equipment and services, trade and

employment;

b) Links between a place and the respective seat of concelho, minimum in three days of the

week, which ensure:

i) A circulation in the local sense-seat of concelain, in the morning period;

ii) A circulation in the sense seat of concelho-local, in the afternoon period;

c) Links between sedes of concelho, which ensure:

i) A circulation in each sense during the morning period;

ii) A circulation in each sense during the afternoon period.

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4-In the displacements within an urban perimeter with more than 50000 inhabitants, which

ensure:

a) Two circulations per hour in the early morning and afternoon periods during the

school leavers periods;

b) Two circulations per hour in the early morning and afternoon periods during the

school holiday periods;

c) An hourly circulation in the body of day, throughout the year.

5-In urban perimeters with less than 50000 inhabitants, the needs of

displacements should be analyzed on a case-by-case basis, so as to structure a cover

temporal of services that ensures an adequate satisfaction of the needs of the

populations.

6-The temporal coverage criteria set out in this criterion are valid for

every working day of the year.

IV. Convenience

1-Commodality criteria are related to the degree of comfort offered by the

public passenger transport service.

2-These criteria aim to specify to what extent:

a) The network allows to establish direct links between the various zones in the area

geographical, minimizing the need to effecting transbords between different

means and modes of transport;

b) The network conveniently articulates the different services provided,

particularly in terms of coordination of schedules.

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3-For the purpose of setting the minimum level of public transport service of

passengers, the following numbers and maximum durations of

transshipments:

a) Dislocations between a place and a seat of concelho:

i) Number of transbords not exceeding a transshipment;

ii) Average waiting time on transshipment not more than 15;

b) Dislocations between count of concelho:

i) Number of transbords not exceeding a transshipment;

ii) Average waiting time on transshipment not more than 30;

c) Displacements within an urban perimeter:

i) Within the urban perimeters, depending on the diversity and complexity

of the network and present modes, the maximum number criterion of transshipments

is not applicable, and should be adopted solely the time criteria

medium of waiting;

ii) Average waiting time on transshipment not more than 15.

V. Sizing of the service

1-The service's sizing criteria are related to the suitability of the

capacity offered by the public passenger transport service to the respective

search.

2-These criteria aim to specify the extent to which the offer of public transport provides

an appropriate response to the needs of displacement of demand, through services

public transport of flexible or regular passengers.

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3-For the purpose of setting the minimum level of public transport service of

passengers, it must be ensured that the occupancy rates are equal to or lower than the

homologated number of seating and standing seats made available by the vehicles.

4-Passenger transport is allowed through standing places in vehicles

homologated for the purpose, when in the following situations:

a) Urban, municipal, suburban or regional services, in railway modes

heavy or light and fluvial, and still in road mode on its own subject to

a speed limitation of 90 km/h when carrying passengers on foot;

b) Services in road mode carried out exclusively within a perimeter

urban or between contigued urban perimeters;

c) Services in road mode of connection between nearby urban perimeters, whose

attire perform mostly in the interior of these urban perimeters, subject

to a speed limitation of 70 km/h in the path between urban perimeters

when transporters standing passengers.

VI. Information to the public

1-The criteria for information to the public are related to the level of information

provided on the public passenger transport service available.

2-For the purposes of disclosure and setting of the minimum level of public service of

transport of passengers and the existing transport service itself, they must be

made available diagrams at all access points to the network, including:

a) Clear and appropriate information on the public passenger transport service,

pathway, stops with identification of the interfaces and times, with identification

of the access point in which it is located;

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b) Clear and appropriate information that allows, where applicable, an easy readout of the

route and schedules for access to the county seat and the reference city, including

transshipments and modes of transport to be used for the purpose;

c) Clear and appropriate information on transport fares and titles

made available in the pathway in question and or in the geographical area in which it falls,

including from other modes of transport with which to interface, well

as the conditions of access to rebates and discounts;

d) Clear and appropriate information on the rights of passengers in the various modes

of transport, as well as the duties to be observed and the general contractual clauses

applicable to the contract of transport between the transport operator and the

passenger.

3-Public service operators must disclose to the public, on the Internet, information

detailed on the carateristics of the public transport service provided, pursuant to

define by deliberation to be approved by the directional board of the Institute of Mobility and

of Transport, I.P..