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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

75. Interaction between public transport and cross-border road transport

 

(1) Where on trips involving cross-border road transport an operator both picks up and drops off passengers within the Republic, either on the outward or return journey, that operator must be in possession of the necessary operating licence as required by this Act for the vehicle, in addition to any permit required by the Cross-Border Act.

 

(2) No one may drop off passengers at or near an international border, where it is clear that such passengers intend to cross the border into another state, and no one may pick up passengers at or near such a border where it is clear that those passengers come from another state having crossed such border into the Republic, unless that person is the holder of the necessary permit required by the Cross-Border Act.

 

(3) In any prosecution in terms of this Act, where an operator has picked up or dropped off passengers within two kilometres of any international border post, that operator will be presumed to be undertaking cross-border road transport, unless the operator proves the contrary in the prescribed manner.

 

(4) Where the regulatory committee defined in section 1 of the Cross-Border Act is considering an application for a permit where ranks or terminals in the Republic will be used, that committee must allow relevant planning authorities the opportunity, in the prescribed manner, to comment on the use of those facilities.