Portaria n.º 165/85, de 25 de Março de 1985
Portaria n.º 165/85 de 25 de Março Em face do regime fiscal favorável de que beneficiavam os transportes públicos de produtos perecíveis, algumas empresas cuja actividade consistia na produção ou comércio desses produtos licenciaram as suas frotas de veículos no regime de aluguer, embora os destinassem exclusivamente à realização de transportes por conta própria.
Por este facto, estabeleceu-se no n.º 2 do n.º 5.º da Portaria n.º 1180/82, de 22 de Dezembro, que a faculdade de obtenção de capacidade profissional com dispensa de aprovação no respectivo exame conferida aos titulares de licenças de aluguer para o transporte de mercadorias concedidas até 4 de Agosto de 1980 não seria aplicável aos casos em que tais licenças tivessem sido atribuída ao abrigo do artigo 42.º do Decreto n.º 46066, de 7 de Dezembro de 1964, desde que os seus titulares se dedicassem predominantemente à produção ou comércio das mercadorias constantes dos respectivos títulos de licenciamento.
A prática da aplicação daquele preceito legal tem revelado, no entanto, que, em certos casos de empresas de grande dimensão, embora a actividade principal consista na produção ou no comércio de produtos perecíveis, observa-se também um volume de serviços de transportes prestados com uma significativa expressão económica, considerando-se que deverá ser dado aos responsáveis dessas empresas um tratamento idêntico ao que é conferido aos gerentes das empresas de transporte público de mercadorias, em termos de reconhecimento de capacidade profissional.
Nestes termos: Manda o Governo da República Portuguesa, pelo Ministro do Equipamento...
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