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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

78. Cancellation of operating licences and permits not in use

 

(1) Where an operating licence has not been in use for 180 days or more from the date of issue, the relevant entity must, in writing, call on the holder of such licence to furnish it with reasons to its satisfaction and within the period stated in the notice—
(a) as to why it failed to operate the service to which that licence relates; and
(b) why that licence should not be cancelled.

 

(2) Where the entity is satisfied with the reasons advanced under subsection (1), the holder must be allowed a further period, but not more than 180 days, to commence the operation of that service, and the holder must be informed accordingly in writing.

 

(3) If the entity is not so satisfied, or where the holder has failed to furnish reasons within the time allowed in terms of subsection (1), the entity must cancel the operating licence and in writing inform the holder and direct the holder to surrender that operating licence, together with the distinguishing marks relating thereto, within seven days after the date of the notice.

 

(4) Where an operating licence or permit was issued before the date of commencement of this Act, this section may be implemented by the entity to which application for a new operating licence must be made in terms of this Act.

 

(5) A planning authority or other interested person may request such an entity to take action under this section.