The elevadores, such as the Glória and Lavra, in Lisbon, as well as Carris trams, are not under the supervision of the Institute for Mobility and Transport (IMT), being only under the oversight of the managing company itself.
These findings are part of the preliminary report by the Office for the Prevention and Investigation of Aircraft Accidents and Railway Accidents (GPIAAF) concerning the accident with the Glória elevator on September 3, which resulted in 16 deaths and about two dozen injuries, involving both Portuguese and foreigners of various nationalities.
The document released today states that the GPIAAF found that the electric cars from Carris are in the same situation [without independent supervision], due to the absence of a legal framework for the technical regulation and safety of tram systems operating on non-reserved routes.
The safety conditions of electric trams, whether historical, modernized, or modern, operating on public roads alongside vehicular traffic, both upon entry into service and during their lifetime, are not subject to compliance with any rules in Portugal other than those defined by the company itself and, importantly, are not subject to any independent supervision, concluded the GPIAAF.
Regarding the legal and supervisory framework, the GPIAAF notes that the Glória and Lavra elevadores were excluded from the Decree-Law that transposed the applicable European Directive on cable installations for transporting persons into national legislation, as it was considered they fall under one of its exclusions, corresponding to ‘classic type electric cars moved by cable.’ Thus, they remain outside the oversight of what was then the National Railway Transportation Institute, later integrated into what is now the IMT.
The GPIAAF indicates that with the enforcement of a new European regulation and Decree-Law 34/2020, exclusions were modified, but the Glória and Lavra elevadores, classified as national monuments, remained outside its scope.
Because they have been considered cable installations classified as of historical, cultural, or patrimonial interest, which came into service before January 1, 1986, are still operational, and have not undergone significant design or construction changes. For this reason, they remain outside the IMT’s supervision, explains this organization.
The investigation found that the safety aspects of the operation of both elevators were exclusively under Carris’ responsibility, as the operating entity, without being supervised by any independent entity, public or private, and without an effective legal framework for their operation unless no significant changes in their infrastructure and subsystems are introduced.
GPIAAF believes that the fact the elevator was considered excluded from the scope of the legislation in question did not prevent it from being subjected to the same rules as other installations, with due adaptations to its specificities.
The Glória elevador is managed by Carris and connects the Restauradores to the São Pedro de Alcântara Garden in Bairro Alto along a route of 260 meters.