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

Chapter 6 : Regulation of Road-Based Public Transport

Part 1 : Transitional provisions

49. Rationalization of minibus taxi-type services

 

(1) Permits issued for minibus taxi-type services remain valid, subject to section 47(1) and (2) and subsection (3) of this section.

 

(2) The holder of a permit or operating licence for a vehicle authorizing minibus taxi-type services who has not yet done so may apply in the prescribed manner for recapitalization of the vehicle and may choose either to—
(a) leave the industry, in which case the Department must cancel the permit or operating licence; or
(b) acquire a new compliant vehicle that has the same passenger capacity as the vehicle specified in that permit or operating licence, or not more than a 20% variance, in which case the operator shall be entitled to an operating licence for the new vehicle authorising the same services on submission of a valid tax clearance, and such operating licence must specify in detail the route or routes to be operated, which must be those operated by the operator for the period of 180 days prior to the date of application;
(c) acquire a new, compliant vehicle with more capacity than a vehicle contemplated in paragraph (b) on approval by the planning authority in writing, in which case paragraph (b) applies, and the holder must submit the existing permit or operating licence to the Department for cancellation, provided that the Minister may prescribe that more than one permit or operating licence held by that holder must be surrendered for cancellation to make up for the increase in capacity of the new vehicle.

 

(3) Any permit or operating licence authorizing minibus taxi-type services issued for an indefinite period, or issued for a definite period that has not yet expired, must lapse seven years after the date of commencement of this Act.