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

Regulations

National Land Transport Regulations, 2009

Chapter 4 : Operating licences: general provisions

21. Issuing of operating licences

 

(1) Operating licences are issued on the basis of one licence per vehicle, and may authorize the holder to provide more than one type of public transport service, for example a scheduled service plus charter services.

 

(2) Where a regulatory entity has approved an application for the granting, renewal, amendment or transfer of an operating licence or conversion of a permit, it must notify the applicant by e-mail, fax or registered post once the operating licence is ready for uplifting.

 

(3) An operating licence may not be uplifted by any person except the applicant, or a representative of the applicant who shows written authorization from the applicant that is acceptable to the regulatory entity that he or she is authorized to uplift it.

 

(4) Where the operator has not uplifted the operating licence within 30 days of being notified, the regulatory entity must contact the applicant by telephone, e-mail or fax to remind the operator that the operating licence is ready, and must then cancel the licence if it is still not uplifted within 60 days after the date that the operator was first so notified.

 

(5) The operator may request an extension of time by telephone or other method, once only, to uplift the licence, in which case the entity must allow the operator an additional period not exceeding 30 days to uplift the licence.

 

(6) An operating licence must not be issued to an operator until the operator has produced to the regulatory entity—
(a) proof of registration and licensing of the vehicle, with proof that a valid roadworthy certificate has been issued for the vehicle not earlier than a point in time determined by the regulatory entity;
(b) a valid tax clearance certificate issued by the South African Revenue Services;
(c) proof of compliance with any other condition imposed by the entity;
(d) proof or certification of any other matter required by the entity; and
(e) proof by showing an identity document, passport or other document acceptable to the entity that the person uplifting the licence is the applicant or, in the case of a representative, is that representative, and written proof that the representative is authorized by the applicant to uplift the licence.

 

(7) In the case of conversion of a permit or renewal, amendment or transfer of an operating licence or permit, the new operating licence must not be issued to the applicant unless the replaced permit or operating licence, together with its attendant decal, have been submitted to the entity.

 

(8) Operating licences must be issued with a decal for display on the vehicle in the manner prescribed in regulation 27.