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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

60. Special events

 

(1) Subject to section 61, no person may undertake a public transport service to or from a special event except—
(a) in the course of operating a courtesy service or tourist service that complies with this Act;
(b) under the authority of an operating licence that authorises the relevant transport on the route or in the area in question; or
(c) under the authority of a temporary operating licence granted and issued in terms of subsection (3).

 

(2) A holder of an operating licence who is not authorized by subsection (1)(a) or (b) to undertake a service to or from a special event, may apply to the prescribed entity for a temporary operating licence in the prescribed manner.

 

(3) An application for a temporary operating licence may be granted if that entity is satisfied on reasonable grounds—
(a) that the existing services available to move passengers to or from the special event are not sufficient to meet the estimated demand;
(b) that existing services will not be disrupted or prejudiced; and
(c) that other prescribed criteria have been met.

 

(4) The onus of proving the matters mentioned in subsection (3) rests on the applicant.

 

(5) The entity may require the applicant to supplement the application with any information or documents in support thereof.

 

(6) A temporary operating licence may be granted only for one particular special event and for a period that is not longer than the duration of such event, including time needed for preparing for it before the event and transporting passengers to airports, stations and other transfer facilities after the event.

 

(7) A temporary operating licence in terms of this section must—
(a) specify the special event and the date or dates on which it occurs;
(b) where feasible state the route or routes on which the transport to and from the special event may be provided; and
(c) where appropriate specify the terminals, ranks or stopping places that may be used.

 

(8) A temporary operating licence in terms of this section may be issued with a special distinguishing mark which must be affixed to the vehicle to which the licence relates in the prescribed manner for the duration of the public transport to and from the special event.

 

(9) The Minister must make regulations providing that temporary operating licences in terms of this section may be granted and issued by municipalities or other bodies, institutions or officials specified in the regulations on application, after consulting those municipalities or other bodies or institutions, and may also provide for—
(a) the manner and form in which—
(i) such applications must be made and the fees payable, if any; and
(ii) such special operating licences must be issued;
(b) the level or rank of officials that must process such applications or establish committees for that purpose, in consultation with such municipalities, bodies or institutions;
(c) documents and information that must be submitted with such applications; and
(d) other matters related or incidental to the matters contemplated in this subsection.