| (1) |
The Regulatory Committee may, subject to the provisions of subsections (2) and (3) where— |
| (a) |
a permit-holder or a person in his or her employ has been convicted of a road transport or road traffic offence in the Republic or in a state with which an agreement as contemplated in section 2(1), has been concluded; |
| (b) |
in the opinion of the Regulatory Committee, a permit holder has not complied with the conditions of the permit; or |
| (c) |
a permit holder has ceased to operate the services or a part of such services authorised by the permit, |
of its own accord or upon a request from the state with which such an agreement has been concluded, take one or more of the following steps:
| (i) |
withdraw or suspend for such period as it may deem, any permit granted by it subject to such conditions as may be imposed; |
| (ii) |
declare such permit-holder either permanently or for a specified period of time unfit to apply for a permit; |
| (iii) |
amend the conditions and requirements applicable to the permit held by the permit-holder, or determine such new conditions and requirements as the Regulatory Committee may deem fit. |
[Subsection (1) substituted by section 7(a) of Act No. 12 of 2008]
| (2) |
The Regulatory Committee must inform the permit-holder of the nature of and the reasons for the steps to be taken by it against him or her in terms of subsection (1), by delivering such notice personally or by registered post to the permit-holder. |
| (3) |
The permit-holder must, upon receiving the notice as contemplated in subsection (2), be entitled to a hearing by the Regulatory Committee if he or she lodges a written request with the Committee by registered post or by delivering such request by hand within: |
| (a) |
ten days of such notice being mailed if such notice was dispatched by registered post; or |
| (b) |
seven days of such notice being received by hand. |
| (4) |
The Regulatory Committee may grant condonation for the permit-holder’s failure to comply with the request as contemplated in subsection (3) upon good cause shown. |
| (5) |
In taking any step under subsection (1), the Regulatory Committee must take into consideration all previous traffic or transport-related contraventions by the permit-holder concerned or by a person in his or her employ. |
| (6) |
Where a permit is affected by any step under subsection (1), and upon failure by the permit-holder to act under subsection (3), the permit-holder must return the permit within ten days after the lapsing of the period referred to in subsection (3) to the Chief Executive Officer. |
| (7) |
Where the Regulatory Committee decides to follow any of the steps in subsection (1), the Regulatory Committee must notify the permit holder of the right to appeal in terms of section 34 and of the right to request reasons. |
[Subsection (7) inserted by section 7(b) of Act No. 12 of 2008]
Public Service Commission Act, 1997
