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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

54. Application for new operating licence

 

(1) A person wishing to undertake an interprovincial service or a tourist transport service must apply to the National Public Transport Regulator for the necessary operating licence.

 

(2) A person wishing to undertake an intraprovincial service—
(a) taking place in the area of the municipality to which the operating licence function has been assigned; or
(b) starting in the area of that municipality and also taking place in the area of another municipality, must apply to a municipality referred to in paragraph (a) for the necessary operating licence.

 

(3) A person wishing to undertake a service other than one contemplated in subsection (1) or (2), must apply to the Provincial Regulatory Entity of the relevant province for the necessary operating licence.

 

(4) Where a transport plan shows a need for additional services, other than tourist transport services, contemplated in subsection (2) on a route or routes in its area, the municipality to which the operating licence has been assigned may invite applications for operating licences to provide those services.

 

(5) Applications under subsections (1), (2), (3) or (4) must—
(a) be made on the basis of one application per vehicle;
(b) be made in the prescribed manner;
(c) be made by completing and submitting the prescribed form, which must allow for the applicant to submit recommendations or documentation in support of the application, either from the applicant or from any other interested person;
(d) be accompanied by the prescribed fee, determined by the Minister, which may provide that the fee will be reduced where the same applicant applies for more than one vehicle at the same time;
(e) specify the vehicle or exact type of vehicle to be used for providing the services concerned; and
(f) in the case of a scheduled service or minibus taxi-type service, include a detailed description of the route or routes on which the applicant operates or intends to operate and all points where passengers will be picked up and dropped off.

 

(6) Where the applicant has been accredited as a tourist operator under section 81 and the vehicle in question complies with section 84, the operator is entitled to an operating licence automatically, to be applied for and issued in the prescribed manner.