Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998) Part 1 : Definitions 1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"Agency"

means the Cross-Border Road Transport Agency, established by section 4;

 

"agreement"

means an agreement entered into under section 2(1);

 

"Board"

means the Board of the Agency;

 

"cabotage"

means transport undertaken on a public road by a foreign carrier with a vehicle which involves—

[Paragraph (a) substituted by section 2(a) of Act No. 12 of 2008]

 

"competent authority"

means an authority designated as such in the legislation of a foreign state or in any agreement entered into under section 2(1);

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

 

"cross-border road transport"

means the transport of passengers and their personal effects or freight for reward or in the course of an industry, trade or business, to or from the Republic, crossing or intending to cross its borders into the territory of another state or in transit across the Republic or the territory of another state with a vehicle on a public road;

[Definition substituted by section 2(b) of Act No. 12 of 2008]

 

"Director-General"

means the Director-General of the Department of Transport;

 

"executive arrangement"

means an arrangement between the Minister and his or her counterpart in a foreign state regarding the implementation or taking of practical measures to facilitate the smooth flow of cross-border road transport between the Republic and that foreign state;

 

"extraterritorial jurisdiction"

means the power that one competent authority has to issue a permit to a person to undertake cross-border road transport to or in transit through the territory of another competent authority with which an agreement has been concluded as contemplated in section 2(1);

 

"foreign carrier"

means a carrier who undertakes cross-border road transport or cabotage with a vehicle which is registered in a state other than the Republic;

[Definition substituted by section 2(c) of Act No. 12 of 2008]

 

"Gazette"

means the Government Gazette;

 

"Minister"

means the Minister of Transport;

 

"national road transport inspector’’

means a road transport inspector appointed under section 37;

 

"owner"

in relation to a vehicle registered in any state under the law governing the registration of vehicles in that state, means the person who is its owner for the purposes of that law;

 

"permit"

means—

[Definition substituted by section 2(d) of Act No. 12 of 2008]

 

"prescribed"

means prescribed by regulation by the Minister under section 51;

 

"public road"

means any road declared or recognised as a public road under any law, and includes any road, street, thoroughfare or other place (whether a thoroughfare or not) to which the public or any section of the public has a right of access;

 

"Regulatory Committee"

means the body established by section 13;

 

"renewal"

means the renewal of a permit on or before the date of expiry of the permit;

 

"Republic"

means the Republic of South Africa;

 

"reward"

means any reward or compensation whether monetary or otherwise received in terms of a contract concluded for the hiring of a vehicle and a driver or the hiring of a vehicle and the separate hiring of a driver;

[Definition substituted by section 2(e) of Act No. 12 of 2008]

 

"South African carrier"

means a carrier who undertakes road transport with a vehicle which is registered in the Republic;

 

"this Act"

includes any notice, regulation or schedule made under it;

 

"Tribunal"

means the Transport Appeal Tribunal established by section 2 of the Transport Appeal Tribunal Act, 1998;

 

"unauthorised transport"

means transport with a vehicle on a public road in contravention of this Act; and ;

[Definition substituted by section 2(f) of Act No. 12 of 2008]

 

"vehicle"

means—

[Definition substituted by section 2(g) of Act No. 12 of 2008]