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

Part 6 : Regulatory functions of Board

28. Passenger transport

 

(1) The Regulatory Committee must take the following into consideration in making its decision in relation to any application for the granting, renewal or amendment of permits for cross-border passenger road transport based on the information presented to it by the Chief Executive Officer:

[Words preceding subsection (1)(a) substituted by section 6(a) of Act No. 12 of 2008]

(a) the considerations referred to in section 27(1)(a), (b), (d), (eA) and (eB) and (1A);

[Subsection (1)(a) substituted by section 6(b) of Act No. 12 of 2008]

(b) whether the applicant has forwarded the completed passenger lists, as prescribed, in respect of the previous permits which were held by the applicant;
(c) the need for the particular service, taking into account the available transport facilities;
(d) whether the applicant operates from the address furnished by him or her;
(e) the ability of the applicant to provide the particular service safely and effectively;

[Subsection (1)(e) substituted  by section 6(c) of Act No. 12 of 2008]

(f) having regard to the circumstances, whether it will be expedient in the public interest to grant him or her the permit; and
(g) any other factor which, in the opinion of the Chief Executive Officer, must be considered.

 

(3) The onus rests on the applicant to prove paragraphs (b), (c), (d), (e) and (f) of subsection (1).

 

(4) Where an application is granted, the Regulatory Committee may issue a permit subject to such conditions or requirements as it may deem necessary.