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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

17. Publication of applications

 

(1) A regulatory entity must give notice of applications received by it in connection with operating licences, at least in the Gazette, and, if it so decides, in such other manner as it deems fit to comply with the Promotion of Administrative Justice Act, 2000 (Act No.3 of 2000), stating at least the following:
(a) The name and address of the applicant;
(b) the nature of the application (granting, renewal, amendment, transfer or conversion);
(c) the type and passenger capacity of the vehicle or vehicles involved; and
(d) the route or routes or area or areas of operation for which the applicant has applied as reflected in the application form.

[Regulation 17(1)(d) substituted by section 3(a) of the Second Amendment of the National Land Transport Regulations, 2024, Notice No. 2670, GG51003, dated 2 August 2024]

 

(2) An application need not be so published where it is an application—
(a) to amend the particulars of the same vehicle specified in the operating licence;
(b) in respect of a contracted service contemplated in section 56 of the Act;
(c) for renewal of an operating licence or permit;
(d) to replace the vehicle specified in an operating licence under section 73 of the Act;
(e) for conversion of a permit where the permit is already route based, in the case of a minibus taxi-type service or scheduled service; or
(f) to amend other particulars of an operating licence that are not considered to be material by the entity.

 

(3) A notice of such applications, including those contemplated in subregulation (2), must also be posted on a notice board at the offices of the regulatory entity from the date of receipt of the application until expiry of the period contemplated in subregulation (4).

 

(3A) The regulatory entity must ensure that details concerning the routes or areas contemplated in subregulation (1)(d) are available for inspection by interested persons at the offices of the entity and on the Website used by the entity and on the Website used by the entity and supply such details by electronic mail (e-mail) to any person who requests them in writing within seven days of the request.

[Regulation 17(3A) inserted by section 3(b) of the Second Amendment of the National Land Transport Regulations, 2024, Notice No. 2670, GG51003, dated 2 August 2024]

 

(4) An interested person wishing to submit comments or representations must do so in writing within 21 days of publication of the notice, and the entity must—
(a) allow a person who submits comments or representations, at their request, to inspect the applicant's application form and supporting documents;
(b) supply such a person with copies of such form and documents on payment of the fee specified in Schedule 2; and
(c) allow the applicant to inspect or have copies of such comments and recommendations on payment of the fee specified in Schedule 2.