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National Land Transport Act, 2009 (Act No. 5 of 2009)

Regulations

National Land Transport Regulations, 2009

Chapter 6 : Transporting of scholars, students, teachers and lectures

42. Scholar transport

 

(1) An application for an operating licence for scholar transport must, in addition to the other matters required by the Act or these regulations, be accompanied by the following:
(a) Where applicable a contract between the operator and the school or other educational institution or department or certified copy thereof, or a letter from the principal or authorized administrative officer of the such institution approving the operator and the transport, a copy of which must be kept in each vehicle being used for such a service;
(b) Certified copies of the professional driving permits of all drivers to be used for the service.

 

(2) As from a date to be published by the Minister in the Gazette, operators of scholar transport must comply with the following and submit proof thereof to the relevant regulatory entity within the time stipulated in the notice:
(a) submit drivers being employed for the service for eye or medical tests in addition to the tests required for a professional driving permit;
(b) ensure that such drivers obtain the following qualifications as prescribed or described in that notice:
(i) basic first-aid;
(ii) defensive driving; or
(iii) advanced driving;
(c) obtain qualifications as prescribed in customer service or basic business management;
(d) install a tracking system device in the vehicle as prescribed or required by the regulatory authority;
(e) have vehicles fitted with soft seats.

 

(3) A notice under subregulation (2) may deal with one or more or all of the matters listed in that subregulation.

 

(4) All vehicles used for scholar transport must—
(a) be marked in the manner prescribed or required by the relevant regulatory entity to indicate that scholars or students are being carried;
(b) have a first-aid kit in the vehicle at all times that complies with prescribed requirements or those stipulated by the regulatory entity.

 

(5) Regulatory entities must keep a separate database of scholar transport operators and vehicles.

 

(6) All drivers engaged in scholar transport must be issued by the regulatory entity with a special identity card with features designed to ensure that it is not possible to be forged, containing at least the following information:
(a) full names and identity number of the driver;
(b) name of the operator;
(c) full, recent colour photograph of the driver; and
(d) the code indicating the type of vehicle that the driver may drive.

 

(7) Such identification cards are not transferable, but a duplicate may be issued if the card is lost or stolen.

 

(8) All schools and other educational institutions must provide areas off of busy public roads where scholars and students may be picked up or set down by motor vehicles.

 

(9) Where primary or pre-primary school children are being carried in the course of scholar transport, a teacher or other responsible adult must be in the vehicle at all times to supervise them.

 

(10) Scholars or students may only be picked up or set down on public roads in areas that are safe for loading, taking into account the fact that the scholars or students may be crossing the road in question.

 

(11) Where a marked vehicle carrying scholars or students is loading or offloading passengers on a public road, all other vehicles in its vicinity must slow down or stop to ensure the safety of the scholars or students that may be crossing the road.