A concerning practice involving possibly fatigued bus drivers is under scrutiny in Portugal, raising questions about passenger safety and regulatory compliance. Reports indicate that drivers employed by municipal transport companies in Lisbon and Porto are supplementing their income by taking shifts with private long-distance coach operators. The situation has prompted warnings from industry leaders like Rede Expressos, and highlights gaps in oversight due to exemptions in regulations regarding driver monitoring technology for certain municipal routes.
Portuguese bus companies are facing scrutiny over a practice where drivers work shifts for both city and long-distance routes, potentially compromising passenger safety and violating labor regulations, according to recent reports.
The issue centers around municipal transport operators in Lisbon and Porto – Carris and STCP – who are reportedly supplying drivers to private coach companies serving routes like Braga-Porto-Lisboa-Setúbal-Faro. These private companies utilize the drivers during peak hours and on days off, raising concerns about driver fatigue and adherence to mandatory rest periods.
Rede Expressos, one of Portugal’s largest coach operators, alerted STCP President Cristina Pimentel as early as January 2023, warning of the dangers posed by drivers operating long-distance routes while potentially fatigued. In a letter, Martinho Santos Costa, the managing director of Barraqueiro Transportes (part of the Grupo Barraqueiro), wrote, “We have observed, for some time, that drivers in public service with an employment contract with your company are offering their services to companies in the road passenger sector, performing driving work at night and on weekends, presumably during their weekly or post-work rest periods.”
A key challenge in regulating this practice is the exemption granted to municipal bus companies for mandatory tachograph installation. These devices, required for long-distance coaches, record driver work hours and rest periods, enabling authorities to enforce regulations. However, Carris and STCP, operating routes under 50 kilometers, are not required to install them. This limits the ability of law enforcement to monitor drivers’ total working hours.
The Portuguese authorities have been hesitant to address the issue directly. When questioned about data cross-referencing between municipal bus companies and private coach operators, Maria Fernanda Campos, the Inspector-General of the Authority for Working Conditions (ACT), offered an evasive response: “The ACT, in the development of its verification and control activity, uses all legally admissible procedures and means.” João Caetano, the president of the Institute for Mobility and Transport, did not respond to inquiries.
Rede Expressos has urged STCP to address the situation swiftly, citing risks to both passenger safety and property. A similar communication was also sent to Carris, though it remains unclear if other municipal transport companies received similar warnings. Sources indicate the problem is particularly prevalent in the Porto metropolitan area, where smaller coach companies, with fewer in-house drivers, are more likely to rely on drivers from Carris and STCP.
According to sources familiar with the market, approximately “three dozen STCP drivers” are regularly available for long-distance trips on their days off. STCP President Cristina Pimentel stated the company is unaware of the situation, adding, “In the event of detecting such a situation, appropriate disciplinary measures will be applied, which, in the last instance, may lead to dismissal for just cause.” She emphasized that drivers are responsible for understanding and adhering to legal regulations.
STCP previously stated in a response to Grupo Barraqueiro that it does not assume responsibility for monitoring drivers’ activities with other companies, stating, “Our company does not have the competence to supervise or verify compliance with the legal regularity of the professional exercise of any worker who is exercising driving functions in any competing company.” Carris President Pedro Bogas, who has since tendered his resignation pending the appointment of Carlos Moedas, echoed this sentiment, stating that Carris is unaware of its drivers working for other operators and will take disciplinary action if such cases are discovered.
The long-distance coach market in Portugal is dominated by Rede Expressos and Flixbus. Rede Expressos, part of Grupo Barraqueiro, “works with drivers from its shareholders, exercising rigorous control over working hours and scrupulously respecting the rules.” Flixbus, the German multinational, operates in Portugal through partnerships with 15 local operators, primarily small and medium-sized enterprises.
Flixbus maintains that it requires its partner companies to adhere to all road rules and monitors compliance. “The drivers at the service of our partner companies are contractually obliged to comply with all applicable safety regulations, namely regarding driving and rest times,” the company stated. Rede Expressos also asserts that any violation of road rules by its subcontractors is grounds for contract termination.
Reports indicate that the ACT has been alerted to violations of rest periods by a company in the sector, but the agency cited “obligation of confidentiality” and declined to provide further details. In recent years, the ACT has recorded five infractions related to violations of working hours or corresponding mandatory records.
The practice of hiring drivers from municipal companies raises concerns about both road safety and fair competition within the Portuguese transportation sector. The potential for circumventing regulations highlights the challenges of enforcement and the need for greater oversight.
