The short answer
A TVDE driver can only refuse a trip in three cases: when it would require driving on manifestly impassable roads or in places of obvious danger, when it is requested by someone whose behaviour suggests they are dangerous, or when it is requested in a way that is incompatible with the law. That is what article 8(1) of the TVDE regime says. Any other reason, such as the trip being short, the destination not being worth it or the passenger carrying a properly secured animal, does not count.
These rules are not new. Articles 7 and 8 are exactly as approved in 2018 and Law no. 59/2026 did not touch them. What the revision changed were the fines and the body that applies them, as explained further down.
The three cases in which refusal is allowed
Article 8(1) says that only services may be refused which:
- Involve impassable roads or dangerous places. The law speaks of "roads that are manifestly impassable due to difficult access" or "places that pose an obvious danger to the safety of the vehicle, the passengers or the driver". The words "manifestly" and "obvious" matter: a dirt track or a neighbourhood the driver does not like is not enough. It has to be evident.
- Are requested by people whose behaviour suggests they are dangerous.The test is behaviour, not appearance. An aggressive or threatening passenger, or one who shows a weapon, fits here. Someone’s clothes, age or origin do not, and using them as a justification falls into the discrimination prohibited by article 7.
- Are requested in a way that is incompatible with the law. The clearest example is a request made on the street, without going through the app. Article 5 requires prior booking through the platform and prohibits picking up passengers who hail the car on the spot. A request made that way must be refused. The law gives no other examples, so the scope of this item will have to be assessed case by case.
Luggage and animals: two separate rules
The same article 8 deals with two frequent cases. For luggage, para. 2 says transport may only be refused when its characteristics would harm the upkeep of the vehicle. For animals, para. 3 says the transport of pets cannot be refused, "provided they are properly accompanied and secured", except for a valid reason, and gives three examples of such a reason: the animal’s dangerousness, state of health or state of hygiene.
In practice, a cat in a carrier or a small dog on a lap, on a lead, cannot be refused. A large dog with no lead or muzzle, or a visibly ill or very dirty animal, can. Guide dogs for blind passengers fall outside this rule: article 6(5) makes transporting them mandatory, without the exceptions of article 8. See the article onpassengers with reduced mobility.
The ban on discrimination
Article 7 guarantees equal access to TVDE services and prohibits refusal on grounds of, among others, ancestry, age, sex, sexual orientation, marital status, family situation, economic situation, origin or social condition, disability, chronic illness, nationality, ethnic origin or race, territory of origin, language, religion, political or ideological beliefs and trade union membership. The words "among others" show that the list is not exhaustive.
Discrimination has a broader liability regime than simple refusal. Article 25-B attributes item (h), discrimination, to the driver, the TVDE operator and the platform operator, where the act can be attributed to them. A platform whose system systematically excludes certain passengers may therefore be held liable for it.
Practical cases
The fines and who applies them
Article 25(2) punishes with a fine of 250 to 4500 euros for individuals, and 5000 to 44 000 euros for companies, three offences linked to this topic:
- discrimination against passengers in breach of article 7, item (h);
- refusal of service in breach of article 8(1), item (i);
- wrongful refusal to transport animals in breach of article 8(3), item (j).
Items (i) and (j) are the driver’s responsibility. Item (h) may fall on the driver, the TVDE operator and the platform operator. All are handled by the AMT, under article 25-A(1)(b). Attempt and negligence are punishable.
One detail: the list in article 25 has no item of its own for wrongful refusal of luggage, provided for in article 8(2). In 2018, item (d) generically punished "refusal of services outside the cases referred to in article 8". The new wording only expressly mentions paras. 1 and 3.
Can the driver refuse a trip because it is too short?
No. Article 8(1) of the TVDE law lists the only cases in which a service may be refused: roads that are manifestly impassable or places of obvious danger, people whose behaviour suggests they are dangerous, and requests made in a way that is incompatible with the law. The length of the trip, an unprofitable destination or the time of day are not on that list.
Can I take my dog in a TVDE car?
As a rule, yes. Article 8(3) says that the transport of pets that are properly accompanied and secured cannot be refused. The driver may only refuse for a valid reason, and the law gives as examples the animal’s dangerousness, health or hygiene. Guide dogs for blind passengers have their own rule, in article 6(5), and transporting them is mandatory.
Can the driver refuse my luggage?
Only when the characteristics of the luggage would harm the upkeep of the vehicle, under article 8(2). A normal suitcase, or several, does not justify refusal. A wet, dirty or sharp object that could damage the inside of the car may justify it.
What is the fine for a driver who refuses a trip without a legal reason?
Refusal in breach of article 8(1) and wrongful refusal of animals are administrative offences under article 25(2)(i) and (j). The fine ranges from 250 to 4500 euros for individuals and from 5000 to 44 000 euros for companies. These two offences are attributed to the driver and handled by the AMT.
Is this new or did it already exist?
The substantive rules already existed in 2018: articles 7 and 8 were not amended by Law no. 59/2026. What changed was the fines regime. The minimum for individuals fell from 2000 to 250 euros, the maximum for companies rose from 15 000 to 44 000 euros, and the power to handle these offences moved from the IMT to the AMT.
Can the driver refuse me because I do not speak Portuguese?
No. Language is expressly on the list of grounds of discrimination prohibited by article 7. A different matter is the passenger’s right, under article 19(1)(i), to choose in the app a driver with knowledge of Portuguese. That option belongs to the passenger, not the driver.
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