| (1) | No person may undertake cross-border road transport or, subject to section 31, cabotage, unless he or she is the holder of a permit. |
[Subsection substituted by section 4 of Act No. 12 of 2008]
| (2) | A South African carrier must, where an agreement referred to in section 2(1) exists and provides for extraterritorial jurisdiction, apply, in accordance with the provisions of the agreement and the regulations, to the Regulatory Committee for a permit authorising road transport from the territory of the Republic into or across the territory of any state with which the Republic has concluded such an agreement and from such territory back to the Republic. |
| (3) | A foreign carrier must, where an agreement referred to in section 2(1) exists and provides for extraterritorial jurisdiction, apply, in accordance with the provisions of the agreement and the regulations, to his or her competent authority for a permit authorising road transport from the territory of the state concerned into or across the territory of the Republic and from the territory of the Republic back to the territory of such state: Provided that the Regulatory Committee must, where required in terms of the provisions of such an agreement, consider the application of such foreign carriers and recommend to the competent authority whether or not to issue the carriers concerned with a permit. |
| (4) | A South African carrier and a foreign carrier must, where an agreement referred to in section 2(1) exists but does not provide for extraterritorial jurisdiction or where the Minister has concluded an executive arrangement with a minister of another state in anticipation of concluding an agreement referred to in section 2(1), apply, in accordance with the provisions of the agreement and the regulations or the provisions of the executive arrangement, to the Regulatory Committee for a permit authorising the part of the road transport undertaken in the territory of the Republic. |
| (5) | A South African carrier and a foreign carrier must, where no agreement referred to in section 2(1) exists, apply to the Regulatory Committee for a permit authorising the part of the road transport undertaken in the territory of the Republic. |
| (6) | Subject to subsection (7), if more than one permit is issued in respect of the same vehicle, the holder of the permit must be the same person. |
| (7) | Where a person, other than the holder of an existing permit applies for a permit in respect of the same vehicle, the Regulatory Committee must– |
| (a) | inform the existing permit-holder that an application in respect of the same vehicle has been received; |
| (b) | request the existing permit-holder to provide reasons within 14 days as to why the existing permit must not be cancelled; and |
| (c) | inform the existing permit-holder of and request his or her attendance on the date when the application will be considered by it. |
| (8) | If the existing permit-holder fails to respond to a request as contemplated in paragraph (b) or (c), the Regulatory Committee may cancel the existing permit. |
| (9) | If the existing permit-holder’s permit is cancelled in accordance with subsection (8), the said permit-holder must return the cancelled permit to the Chief Executive Officer within 21 days. |
| (10) | The Regulatory Committee may grant condonation for the permit-holder’s failure to comply with the requests as contemplated in paragraph (b) or (c) upon good cause shown. |
