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

Chapter 6 : Regulation of Road-Based Public Transport

Part 2 : General provisions

55. Operating licences for public transport services provided for in transport plans

 

(1) Before the National Public Transport Regulator or a Provincial Regulatory Entity considers any application for the granting, renewal, amendment or transfer of an operating licence, other than a tourist transport service or charter service, and other than a contracted service contemplated in section 56, it must by notice in the prescribed manner inform all planning authorities in whose areas the services will be operated of the application with the request to give directions with regard to the application based on its integrated transport plan within the period stated in the notice.

 

(2) The planning authority must in the prescribed format—
(a) indicate whether there is a need for the service on the route or routes or in the area or areas in terms of its integrated transport plan or not, and, if there is a need for such service, direct the National Public Transport Regulator or a Provincial Regulatory Entity to grant the operating licence and make any recommendations it considers fit regarding conditions to be attached to the operating licence, having due regard to its integrated transport plan, and if its integrated transport plan is not yet finalized or is inadequate, it must take the decision based on due inquiries and investigations carried out by it; and
(b) submit such response to the National Public Transport Regulator or a Provincial Regulatory Entity, as the case may be, within the prescribed period or the period stipulated in the notice.

 

(3) Where the public transport requirements for the particular route or routes are adequately served by an existing public transport service of a similar nature, standard or quality provided in terms of a commercial service contract or subsidized service contract or in terms of operating licences as shown by its integrated transport plan, the planning authority must direct the National Public Transport Regulator or a Provincial Regulatory Entity to refuse the application.

 

(4) The National Public Transport Regulator or a Provincial Regulatory Entity may condone the late submission of a response contemplated in terms of subsection (2).

 

(5) Subject to subsection (6), the National Public Transport Regulator or a Provincial Regulatory Entity, in disposing of an application, must act in accordance with the relevant integrated transport plan and directions of the planning authority submitted in terms of subsection (2), and must not grant an operating licence contrary to directions of the integrated transport plan and planning authority.

 

(6) Where the planning authority has failed to respond to the request contemplated in subsection (1), the National Public Transport Regulator or a Provincial Regulatory Entity may dispose of the application without any input from the planning authority, by considering the matters mentioned in section 57.