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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

57. Disposing of applications with regard to operating licences for non-contracted services

 

(1) Where an application is made to the National Public Transport Regulator for the granting, renewal, amendment or transfer of an operating licence in respect of a non-contracted service other than a tourist transport service, it may grant or refuse it after having considered—
(a) in the case of a service shown in an integrated transport plan, the directions of the planning authority submitted in terms of section 55;
(b) whether the vehicle or type of vehicle by means of which the service is to be operated, is suitable for that purpose;
(c) the availability of ranks, terminals or other facilities, based on the recommendations of the relevant planning authority or other information at its disposal;
(d) the existence of any relevant by-law, regulation, prohibition, limitation or restriction;
(e) whether the applicant has any previous conviction for an offence relevant to the operation of public transport services, or of a prescribed type; and
(f) the ability of the applicant to operate the service for which the operating licence is sought, in a manner satisfactory to the public.

 

(2) Where an application is made to a municipality to which the operating licence function has been assigned for the granting, renewal, amendment or transfer of an operating licence in respect of a non-contracted service, it—
(a) must refuse the application if granting it would be contrary to the relevant integrated transport plan; or
(b) if paragraph (a) does not apply, may grant or refuse it after having considered—
(i) whether the vehicle or type of vehicle by means of which the service is to be operated, is suitable for that purpose;
(ii) the availability of ranks, terminals or other facilities;
(iii) the existence of any relevant by-law, regulation, prohibition, limitation or restriction;
(iv) whether the applicant has any previous conviction for an offence relevant to the operation of public transport services, or of a prescribed type;
(v) the ability of the applicant to operate the service for which the operating licence is sought, in a manner satisfactory to the public;
(vi) recommendations or documents duly submitted with the application by the applicant or any other interested party.

 

(3) Where an application is made to a Provincial Regulatory Entity for the granting, renewal, amendment or transfer of an operating licence in respect of a non-contracted service, it—
(a) must refuse the application, if granting it would be contrary to the directions of the relevant planning authority or authorities based on their integrated transport plan; or
(b) may grant or refuse it after having considered the matters listed in subsection (2)(b).

 

(4) The Minister may make regulations prescribing that types of applications specified in the regulations must be submitted to stakeholder forums or other persons or entities for their comments, and that the relevant entity must consider those comments before it takes a decision.

 

(5) The entity granting an application for the granting, renewal, amendment or transfer of an operating licence may do so subject to any conditions, determined by it, that are not inconsistent with this Act or with relevant provincial laws or transport plans, and must do so where such conditions have been stipulated by the planning authority based in its integrated transport plan.

 

(6) Such a condition may state a maximum number of passengers that may be carried in the vehicle, even if the capacity of the vehicle is greater.

 

 


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