Lisbon's Historic Funiculars Escape Government Inspection Due to Legal Loophole After Deadly Crash

Government Rejects Inspection of Lisbon's Funiculars

In the wake of a devastating tragedy, the State Secretariat for Mobility has stated that there is no legal basis for the Institute of Mobility and Transport (IMT) to inspect four of Lisbon's historic funiculars. This decision comes despite the IMT already overseeing the Santa Justa and Bica elevators.

Regulatory Gaps Exposed

According to reports from Público, the Gloria and Lavra funiculars have never been inspected by the National Authority for Railway Safety (ANSF), unlike their counterparts. The IMT, which oversees ANSF, clarified that under legislation passed in 2020, it lost supervision powers over 'cable transport systems' built before 1986 and classified as heritage.

A note from the State Secretariat explained that until July 2020, national cable transport legislation excluded 'cable-powered electric cars,' such as the Gloria and Lavra elevators in Lisbon. However, it included the Santa Justa and Bica elevators, which are not electric cars.

Post-2020 Changes

With the enforcement of a new decree in July 2020, implementing a European Regulation on cable installations, heritage-classified facilities that entered service before January 1, 1986, and haven't undergone significant design or construction changes were exempted. This includes all four Lisbon funiculars, as classified by Decree 5/2022.

The government asserts that the principle is for operators, like transport authorities, to ensure safety. Yet, for Santa Justa and Bica, which were already under IMT supervision pre-2020, monitoring continued.

Responsibility and Tragedy

Safety responsibility lies with Carris, the operator, and under a European Union directive, ANSF is tasked with ensuring compliance. This regulatory framework is under scrutiny after the Gloria Funicular derailed on Wednesday, resulting in 16 deaths and over 20 injuries in Lisbon's worst accident in nearly 140 years.