| (1) | Subject to subsection (2), any permit authorising cross-border road transport which has been issued in terms of the Road Transportation Act, 1977 (Act No. 74 of 1977), or the Transport Deregulation Act, 1988 (Act No. 80 of 1988), must remain in force until such date as it lapses, or the number of journeys allocated under such permit has been used. |
| (2) | All permits authorising cross-border road transport issued by the National Transport Commission in terms of the Road Transportation Act, 1977, and with a validity period exceeding 12 months will lapse within six months after the entry into force of this Act: Provided that the holder of such a permit may reapply to the Regulatory Committee for the granting of a permit in terms of this Act. |
| (2A) | All permits and operating licences issued by the National Transport Commission, local road transportation boards and operating licensing boards in terms of the Road Transportation Act, 1977 (Act No. 74 of 1977), the National Land Transport Transition Act, 2000 (Act No. 22 of 2000), or provincial legislation contemplated in the definition of "replacing provincial law" in section 1 of the lastmentioned Act, which authorise or purport to authorise cross-border road transport and with a validity period exceeding 12 months, lapse within six months after the entry into force of section 25 of the Cross-Border Road Transport Amendment Act, 2008: Provided that the holder of such a permit or operating licence may apply to the Regulatory Committee for the granting of a permit in terms of this Act. |
[Subsection (2A) inserted by section 22 of Act No. 12 of 2008]
| (3) | Any prosecution of an offence committed under the Road Transportation Act, 1977, which had commenced prior to the entry into force of this Act, or any appeal, application or proceedings in or in respect of such a prosecution, must be continued and concluded as if the provisions of the Road Transportation Act, 1977, had at all relevant times been in operation. |
| (a) | No provision of this Act affects proceedings pending in a court of law at the commencement of this Act, and such proceedings may be continued and concluded in all respects as if this Act had not been passed. |
| (b) | Proceedings are for the purposes of this section deemed to be pending at the commencement of this Act– |
| (i) | in the case of civil proceedings, if a summons has been issued, but judgment has not been given; |
| (ii) | in the case of criminal proceedings, if the accused has pleaded but judgment has not been given and sentence has not been imposed. |
| (5) | No provision of this Act affects the previous operation of any law which has been repealed, or anything duly done or suffered under any law so made applicable or repealed. |
| (6) | No provision of this Act affects any right, privilege, obligation or liability acquired, accrued or incurred under any law so made applicable or repealed. |
| (7) | Any provision contained in any other law pertaining to cross-border transport, that is inconsistent with the provisions of this Act, is deemed to have been amended to the extent of the inconsistency thereof. |
