| (1) | The Regulatory Committee must take the following into consideration in making a decision in relation to any application for the granting, renewal or amendment of permits for cross-border freight road transport based on the information presented to it by the Chief Executive Officer: |
[Words preceding subsection 1(a) substituted by section 5(a) of Act No. 12 of 2008]
| (a) | whether the applicant and the vehicle comply with the relevant provisions of the National Road Traffic Act, 1989 (Act No. 93 of 1996); |
[Subsection (1)(a) substituted by section 5(b) of Act No. 12 of 2008]
| (b) | whether the applicant has a good road transport law enforcement profile based on the information contained in the points demerit system, referred to in section 45; |
| (c) | whether the applicant has forwarded the completed consignment notes, as prescribed, in respect of the previous permits which were held by the applicant; |
| (d) | a foreign state’s track record with regard to reciprocity where the applicant is from a state with which South Africa does not have an agreement providing for permits with extraterritorial jurisdiction; |
| (e) | in the case of an application for a cabotage permit, the following considerations: |
| (ii) | whether a South African carrier is able to provide a similar service; |
| (eA) | whether a South African carrier has submitted a valid tax clearance certificate from the South African Revenue Services indicating that the applicant's tax affairs are in order; |
[Subsection (1)(eA) inserted by section 5(c) of Act No. 12 of 2008]
| (eB) | any conditions, factors or criteria specified in a relevant agreement contemplated in section 2 or specified or determined by a joint committee or similar body in terms of such an agreement; and |
[Subsection (1)(eB) inserted by section 5(c) of Act No. 12 of 2008]
| (f) | any other factor which, in the opinion of the Chief Executive Officer, must be considered. |
| (1A) | Where the applicant is a South African carrier the Board must take into account— |
| (a) | the promotion of small business; |
| (b) | the empowerment of persons historically disadvantaged by unfair discrimination; and |
| (c) | any relevant code of good practice or transformation charter published in terms of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003). |
[Subsection (1A) inserted by section 5(d) of Act No. 12 of 2008]
| (2) | Where an application is granted, the Regulatory Committee may issue a permit subject to such conditions or requirements as it may deem necessary. |
| (3) | In the case of a combination of vehicles, a single permit must be issued for the truck-tractor and its trailers and semi-trailers, but not in the case of cabotage, where separate permits must he issued in accordance with section 31(3). |
[Subsection (3) inserted by section 5(e) of Act No. 12 of 2008]
