National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 6 : Regulation of Road-Based Public TransportPart 2 : General provisions67. Charter services |
| (1) | An operating licence may authorize the holder to undertake pre-booked charter services in the areas or zones as specified by the entity granting the operating licence, which may or may not be in addition to other services authorized by that licence. |
| (1A) | Before granting an application for an operating licence authorising a charter service, the relevant regulatory entity must be satisfied that— |
| (a) | there will be a need for the charter service or services applied for by the operator that cannot be supplied by any other type of public transport service already being provided; or |
| (b) | the service will be provided on a regular basis in terms of a contract, letter of appointment or other arrangement; |
and must refuse the application if not so satisfied, and if it grants the application, must attach appropriate conditions to prevent abuse of the licence.
[Section 67(1A) inserted by section 41(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]
| (2) | If the operating licence specifies an area for picking up passengers such a vehicle may— |
| (a) | leave the area or zone described in the operating licence if, on the return journey, it is to carry the same passengers that it carries on the outward journey or if the vehicle is to return to that area empty; and |
| (b) | pick up passengers outside that area or zone if the fare is pre-booked and the passengers will return to such area. |
| (3) | [Section 67(3) deleted by section 41(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] |
| (4) | When converting a permit authorising services described as ‘‘organized parties’’ to an operating licence under section 47, the relevant regulatory entity must describe the services in the operating licence as charter services if they fall within the definition of such services in section 1. |
[Section 67(4) inserted by section 41(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]