Intellectual Property Rights from Publicly Financed Research and
R 385
National Land Transport Act, 2009 (Act No. 5 of 2009)RegulationsNational Land Transport Regulations, 2009Chapter 1 : National Public Transport Regulator5. Powers of NPTR |
| (1) | In dealing with any matter before it the NPTR may— |
| (a) | allow a person affected by or interested in the matter, or the duly authorized representative of that person, to appear before it and— |
| (i) | give evidence or make oral representations relevant to the matter; |
| (ii) | call witnesses and present evidence on any question concerning a matter relevant to the proceedings; |
| (iii) | question a person who testifies as a witness in those proceedings; |
| (b) | issue a subpoena on a standard form as shown in Schedule 1 requiring a person to appear before it to give evidence or to produce any book, plan, document or other record, or any article, item or object, in the possession or under the control of the person and have the subpoena handed personally to the person to whom it applies by an authorised officer, who must thereupon report to the NPTR; |
| (c) | order any person present at the place where the proceedings are conducted, to appear before it to give evidence or to produce any book, plan, document or other record, or any article, item or object, which is in that person's possession; |
| (d) | question any person appearing as a witness; |
| (e) | require that any oral evidence be given under oath or affirmation and, for that purpose, administer an oath to or take down an affirmation from any witness; and |
| (f) | refuse to hear any oral evidence or representations from any person unless the person has been sworn in or made an affirmation as a witness. |
| (2) | The NPTR may, by written notice sent to his, her or its last-recorded address, require any holder to satisfy it within the specified time, that the services authorised by the relevant operating licence or permit are still being provided or being provided sufficiently, or to provide it with other information relating to the operating licence or permit or the services authorised thereby, and the holder must comply with such a notice. |
| (3) | The NPTR may— |
| (a) | investigate any matter relating to land transport in the Republic, and submit recommendations thereon to the Minister; |
| (b) | at the request of the Minister, investigate and report on any matter within the scope of the Act; and |
| (c) | where, based on information that has come to its notice, it suspects that an operator is acting in a manner that is or will lead to unsafe or undesirable operation of public transport by that operator, or that the operator is habitually transgressing the provisions of the Act or other laws, or the terms and conditions of operating licences or permits held by that operator, cause an inquiry to be held into the affairs and operating practices of that operator, with a view to taking action under section 79 of the Act or recommending appropriate action to a regulatory entity or other body. |
