Government approves first legal regime for metros, trams, and tourist trains

The Government has approved Decree-Law no. 215/2026, of November 11, which creates the first legal regime in Portugal for integrated passenger rail transport systems in metro, light rail, isolated rail lines or networks, trams, and tourist light trains. The diploma, published in the Diário da República, 1st series, no. 219, of November 11, 2026, assigns licensing to the Institute for Mobility and Transport, I. P. (IMT, I. P.) and safety certification and supervision to the Mobility and Transport Authority (AMT). The decree-law enters into force on November 12, but the annexed Regulation only takes effect nine months after that date.

The diploma is based on articles 13 and 30 of the Framework Law of the Land Transport System, approved by Law no. 10/90, of March 17, and arises in a context of continued investment in the extension of metro and light rail networks, the growth of tram transport — with different technologies coexisting in the same system and an offering aimed at residents and tourists — and the emergence of rail services on isolated lines of the National Railway Network linked to tourist attractiveness.

In addition to approving the Regulation, Decree-Law no. 215/2026 amends Decree-Law no. 217/2015, of October 7, Decree-Law no. 34/2020, of July 9, and Decree-Law no. 91/2020, of October 20, and transfers from IMT, I. P. to AMT the railway safety and other guided systems competencies provided for in Decree-Law no. 179/2026, of September 7, with a transitional period of 90 days. It also complies with a safety recommendation from the Office for the Prevention and Investigation of Aircraft and Railway Accidents (GPIAAF).

Five-year licensing and mandatory insurance

Only legal entities licensed by IMT, I. P. may operate these systems. The license is issued for a term not exceeding five years, renewable for additional five-year periods, and the renewal request must be submitted at least six months in advance. The access requirements are:

• Suitability of the holders of the administration, direction, or management bodies;
• Civil liability insurance;
• Demonstrated financial capacity for 12 months of obligations;
• Technical capacity.

The minimum insured capital is €10,000,000.00 for metro, light rail, and isolated lines or networks, and €5,000,000.00 for trams and tourist light trains. For metro systems, a safety certificate issued by AMT is also required, valid for a period never exceeding five years, as well as an annual safety report to be submitted before May 31.

Construction, personnel, and inspection

The construction and commissioning of systems, new sections, stations, and significant alterations depend on authorization from the AMT, which decides within six months, with compliance verification by an independent body accredited by the Portuguese Accreditation Institute, I. P. (IPAC, I. P.). Personnel with driving and regulation functions must hold a certificate issued by the AMT, valid for six years, renewable upon request submitted three months before expiry, and subject to medical examinations and psychological evaluations every three years until the age of 55, and annually thereafter.

The AMT may conduct audits and inspections, issue warnings, binding instructions, and administrative offenses, and apply administrative sanctions of written warnings, suspension, or revocation of the certificate, for a maximum duration of two years. In case of serious risk, it may immediately limit or suspend operation.

Transition periods

• 18 months for metro, light rail, and isolated line or network operators already licensed under the Instruction approved by the board of directors of IMT, I. P. on July 31, 2014;
• 12 months for entities with tram or tourist light rail systems under construction to submit a safety report to the AMT;
• 12 months for operators of trams and tourist light rails in service to apply for a license from IMT, I. P.;
• 12 months for training entities to adapt, under penalty of being barred from practicing by the AMT.

Administrative offenses up to 44,891.81 euros

Failure to comply with core obligations — operation without a license or safety certificate, construction or commissioning without authorization, use of unauthorized rolling stock, performance of duties by non-certified workers — is punishable by a fine of €1,250.00 to €3,740.00 for individuals and €10,000.00 to €44,891.81 for legal entities. Failure to comply with information duties is punishable by €500 to €1,500 or €1,000 to €3,000, depending on the offender. Negligence and attempt are punishable, and the proceeds of the fines are divided as 30% for the entity conducting the proceedings, 10% for the Mobility and Transport Fund, and 60% for the State.

Among others, the National Association of Portuguese Municipalities, the Sociedade de Transportes Colectivos do Porto, S. A., the Metropolitano de Lisboa, E. P. E., the Metro Transportes do Sul, S. A., the Companhia Carris de Ferro de Lisboa, S. A., and the Pedras d’El Rei were heard, and hearings were held for the municipalities of Nazaré, Porto, and Sintra, as well as Metro do Porto, S. A. The text was approved by the Council of Ministers on August 6, 2026, promulgated on October 28 by the President of the Republic, António José Martins Seguro, and countersigned on October 29 by the Prime Minister, Luís Montenegro.

The new regime changes the operational framework for urban mobility operators and municipalities with tram networks, which are now required to have a license, a safety certificate, insurance with minimum capital, and tight adaptation deadlines, and it strengthens the inspection powers of the AMT, including over elevators, funiculars, and historical cable installations in service before January 1, 1986. For users, this translates into safety requirements verified independently throughout the entire life cycle of the systems.

Source: Diário da República, 1st series, no. 219, of November 11, 2026, section I, p. 1 (official reference: Decree-Law no. 215/2026).