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

Chapter 6 : Regulation of Road-Based Public Transport

Part 2 : General provisions

64. Persons who may hold operating licences

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(1)An operating licence may only be issued to and held by—
(a)the person registered, in terms of the National Road Traffic Act, as the owner or operator of the vehicle, as defined in that Act, and specified in the operating licence; or
(b)a tourist transport operator accredited in terms of section 81, if the vehicle complies with section 84, even if another person is so registered as the owner or operator of the vehicle.

[Section 64(1) substituted by section 38 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)Where an operating licence relates to a contracted service and the operator has subcontracted another operator to operate part of that service, an operating licence may be issued to the subcontracted operator only if—
(a)the subcontracted operator is the registered owner or operator of the vehicle used for that service on behalf of the operator party to the contract; and
(b)that vehicle is specified in the operating licence as the vehicle to be so used for operating that service.