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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

23. Duties of holder of an operating licence or permit

 

The holder of an operating licence or permit must—

(a) comply with the terms of the authorisation conferred by the operating licence or permit and the conditions to which it is subject, andI where the service is one provided for in an ITP, operate the service in accordance with that plan;
(b) keep the original operating licence or permit or a duplicate original in the specified vehicle, and, where the vehicle is temporarily replaced under section 74 of the Act, keep the operating licence or permit and the temporary authorization issued for the replacing vehicle in that vehicle for the duration of the temporary replacement, but the entity issuing the operating licence may direct in writing on written application by the applicant that the annexures to an operating licence or permit do not have to be kept in such vehicle where they are too bulky to allow for this, if a summary of those annexures approved by the entity is kept in the vehicle;
(c) on demand by an authorised officer, produce that operating licence, permit or authorisation;
(d) keep the operating licence or permit, any duplicate original thereof and the decal that relates thereto in such a condition that the letters and figures thereon are clearly legible and, if they are damaged or cease to be clearly legible, apply for a duplicate within four working days by completing the form shown in Schedule 1 and paying the fee specified in Schedule 2, and must submit the damaged or obscured operating licence, permit or distinguishing mark to the regulatory entity for destruction or an affidavit stating why it cannot be so submitted;
(e) except in the case of a rented vehicle mentioned in regulation 36(2) cause the operating licence or permit number and the type of service to be painted or displayed on the vehicle in the manner prescribed in regulation 24;
(f) display on or in that vehicle the other particulars prescribed in any condition imposed by the regulatory entity including, but not limited to, timetables where the entity has imposed the use of approved timetables, which must be displayed in the vehicle in a prominent place so that passengers can refer to them;
(g) display and keep affixed the decal contemplated in regulation 21(8) on the vehicle with its inscribed face facing the front in a conspicuous place on the inside of the windscreen;
(h) apply timeously for renewal of the operating licence or permit in terms of regulation 25;
(i) at all times keep the vehicle in a safe and roadworthy condition and have the vehicle examined for roadworthiness not later than the time allowed therefore by the National Road Traffic Act;
(j) return an operating licence or permit that has lapsed or has been withdrawn or cancelled, with its attendant decal, to the entity that issued it within seven days;
(k) inform the relevant regulatory entity in writing of the sale or any other change of ownership in the vehicle to which an operating licence or permit relates within seven days after such sale or change has taken place;
(l) where the vehicle specified in an operating licence or permit is modified or converted to add one or more new seats—
(i) submit the vehicle to a testing station for homologation and issuing of a new roadworthy certificate within seven days; and
(ii) apply to the relevant regulatory entity for amendment of the operating licence or permit within 14 days, and supply that entity with the homologation reference number and the eNaTIS model number and the name and address of the person who modified or converted the vehicle; and
(m) comply with the provisions of the Act and with any other requirements imposed by provincial laws and other legislation.

 

 


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