National Land Transport Act, 2009 (Act No. 5 of 2009)

Chapter 2 : Institutional Arrangements for Land Transport

21. Functions of National Public Transport Regulator

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(1)The National Public Transport Regulator must—
(a)monitor and oversee public transport in the country in general and the activities of Provincial Regulatory Entities and municipalities in relation to their land transport functions;
(b)receive and decide on applications relating to operating licences or accreditation for—
(i)interprovincial transport;

[Section 21(1)(b)(i) substituted by section 14(a) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]

(ii)tourist transport services; and
(iii)any other services designated by the Minister by notice in the Gazette;
(c)[Section 21(1)(c) deleted by section 4(1) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
(d)advise the Minister on the making of regulations in relation to fares or fare structures in terms of section 8; and
(e) invite comments and complaints from interested parties, including the general public, and take appropriate action in response thereto;
(f) advise the Minister on the treatment of all passengers using public transport, including targeted categories of passengers; and
(g) obtain and keep up to date the information contemplated in section 24(1)(c) insofar as it relates to the functions of the National Public Transport Regulator.

[Section 21(1)(e)(f)(g) inserted by section 14(b) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]

 

(2)The National Public Transport Regulator must produce and regularly update a standardized procedures manual for itself and for Provincial Regulatory Entities, Municipal Regulatory Entities and contracting authorities in respect of their activities in terms of this Act, subject to this Act.

[Section 21(2) substituted by section 14(c) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]

 

(3)In the case of an application for an operating licence for an interprovincial service other than a tourist transport service or charter service, the National Public Transport Regulator must consult the relevant Provincial Regulatory Entities and relevant planning authorities in the prescribed manner.

 

(4)Where a Provincial Regulatory Entity refuses to receive an application, or delays an application unduly in the prescribed manner, the applicant may submit the application to the National Public Transport Regulator in the prescribed time and manner.

 

(5)Any application concerning an operating licence or conversion of a permit to an operating licence that is pending before a provincial operating licensing board on the date that this section comes into operation, and that relates to a service specified in subsection (1)(b), must be finalized by that board or by the National Public Transport Regulator once it has been established, applying the provisions of this Act.

 

(6)As soon as possible after its appointment, the National Public Transport Regulator must formulate an implementation plan for establishing the entities required by this Act and for capacitating them, and for implementing the other provisions of this Act.

 

(7) The National Public Transport Regulator may issue a written request to a Provincial Regulatory Entity, Municipal Regulatory Entity or planning authority which has not fulfilled or is not fulfilling its obligations under this Act, describing the extent of the failure to fulfil its obligations and stating any steps required to meet those obligations, and that entity or authority must comply with such request, or as an alternative the National Public Transport Regulator may request the Minister to issue such a directive under section 5(6).

[Section 21(7) inserted by section 14(d) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]