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

Chapter 2 : Institutional Arrangements for Land Transport

21. Functions of National Public Transport Regulator

 

(a) monitor and oversee public transport in the country in general and the activities of Provincial Regulatory Entities and municipalities in relation to their land transport functions;
(b) receive and decide on applications relating to operating licences or accreditation for—
(i) interprovincial transport, excluding daily commuter transport to and from the area of a municipality to which the operating licensing function has been assigned under section 11(2), which must be dealt with by that municipality;
(ii) tourist transport services; and
(iii) any other services designated by the Minister by notice in the Gazette;
(c) oversee fares charged for public transport services throughout the country; and
(d) advise the Minister on the making of regulations in relation to fares or fare structures in terms of section 8.

 

(2) The National Public Transport Regulator must produce and regularly update a standardized procedures manual for itself and for Provincial Regulatory Entities, municipalities, contracting authorities and the Transport Appeal Tribunal in respect of their activities in terms of this Act, subject to this Act.

 

(3) In the case of an application for an operating licence for an interprovincial service other than a tourist transport service or charter service, the National Public Transport Regulator must consult the relevant Provincial Regulatory Entities and relevant planning authorities in the prescribed manner.

 

(4) Where a Provincial Regulatory Entity refuses to receive an application, or delays an application unduly in the prescribed manner, the applicant may submit the application to the National Public Transport Regulator in the prescribed time and manner.

 

(5) Any application concerning an operating licence or conversion of a permit to an operating licence that is pending before a provincial operating licensing board on the date that this section comes into operation, and that relates to a service specified in subsection (1)(b), must be finalized by that board or by the National Public Transport Regulator once it has been established, applying the provisions of this Act.

 

(6) As soon as possible after its appointment, the National Public Transport Regulator must formulate an implementation plan for establishing the entities required by this Act and for capacitating them, and for implementing the other provisions of this Act.