National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 4 : Transport Planning39. Rationalization of public transport services |
| (1) | When a planning authority in rationalizing public transport services in its area concludes, based on its integrated transport plan, that there is a surplus of legally operated services by operators on a particular route as a result of which an existing non-contracted public transport service is no longer required, the planning authority may, where possible, and after consultation with affected operators and after undertaking other prescribed public participation procedures, take the following actions, but must not be limited to those actions: |
[Words preceding section 39(1)(a) substituted by section 20(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]
| (b) | allow the operator to continue providing the service and impose a moratorium on the issuing of new operating licences on that route. |
| (2) | The Minister may make regulations on the procedures to be followed in proceeding under subsection (1). |
[Section 39(2) substituted by section 20(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]
| (3) | Before rationalising public transport services in terms of subsection (1), the planning authority must consult relevant regulatory entities and take steps to apply law enforcement measures to reduce or prevent the operation of illegal services on a particular route, and where appropriate, the regulatory entity must on request of the planning authority, take measures under section 78 to cancel operating licences and permits that are not in use on that route. |
[Section 39(3) inserted by section 20(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]