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Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998)

Part 9 : Duties of permit-holder

47. General duties

 

(1) The permit-holder must within 30 days of any change in relevant information notify the Chief Executive Officer thereof.

 

(2) The permit-holder must within 30 days of the lapsing of a registration certificate of a mechanically propelled vehicle, furnish the Regulatory Committee with a new registration certificate or a certified copy thereof.

 

(3) A permit-holder must at all times ensure that any vehicle being used for the transport of goods or passengers–
(a) is a fit, proper and suitable vehicle in regard to the route, the goods or passengers concerned, and the circumstances in which the transport is undertaken;
(b) is in a fit, proper and roadworthy condition in terms of the requirements of the road traffic legislation of the Republic and the state or states, as the case may be, that the vehicle will enter in terms of the provisions of the permit;
(c) is used with appropriate safety limits, precautions and requirements regarding the route, circumstances, commodity or persons being conveyed, the vehicle or the immediate public interest;
(d) does not exceed the permissible overall length as determined by the road traffic legislation of the Republic and the state or states, as the case may be, that the vehicle will enter in terms of the provisions of the permit;
(e) does not exceed the permissible authorised gross vehicle mass or other vehicle dimensions as determined by the road traffic legislation of the Republic and the state or states, as the case may be, that the vehicle will enter in terms of the provisions of the permit; and
(f) is not dangerous or unsafe or is not operated in a manner that is dangerous or unsafe.

 

(4) In order to comply with the requirements of this section, the permit-holder must maintain adequate and appropriate resources, drivers, personnel and facilities for the control, administration, maintenance, operation and storage of all vehicles recorded on the permit.

 

(5) The permit-holder must ensure that a driver of any vehicle being used for the transport of goods or passengers at all times–
(a) keeps a permit and, in the case of the transport of goods the consignment note, and in the case of the transport of passengers a passenger list, in a readily accessible place on the vehicle, to be produced upon request by a road transport inspector;
(b) holds a valid driver’s licence in terms of the road traffic legislation of the Republic and the state or states, as the case may be, that the vehicle will enter in terms of the provisions of the permit in respect of the vehicle he or she is driving;
(c) holds a valid public or professional driving permit in accordance with the provisions of the road traffic legislation of the Republic and the state or states, as the case may be, that the vehicle will enter in terms of the provisions of the permit; and
(d) complies with the provisions of any road traffic legislation of the Republic and with the provisions of the Criminal Procedure Act, 1977, in respect of a summons or notice to appear in court for an offence committed within the course and scope of the employment of the driver with the permit-holder.

 

(6) All holders of permits which are valid for more than one year, must submit to the Regulatory Committee annually, together with the registration certificate mentioned in subsection (2)–
(a) a valid roadworthy certificate for the vehicle;
(b) where it is a condition of the permit that the holder must purchase insurance, proof that such insurance is still in force in respect of the vehicle and that all premiums have been paid;
(c) proof that other conditions of the permit are being met, if required by the Regulatory Committee; and
(d) any other prescribed requirement,

failing which the permit shall lapse on the date of lapsing of such registration certificate and the holder must return it to the Chief Executive Officer within 10 days of such lapsing by delivering it by hand or by registered post.

[Subsection (6) inserted by section 20 of Act No. 12 of 2008]

 

(7) The authority conferred by a permit may not–
(a) be ceded or otherwise alienated by the holder of the permit, and no person may be a party to such a cession or alienation; or
(b) be hired out by the holder of the permit or be hired by any other person, and any such cession, alienation or hiring of a permit shall be of no legal force or effect.

[Subsection (7) inserted by section 20 of Act No. 12 of 2008]