| (a) | the entity that issued the operating licence; or |
| (b) | where the licence or permit was issued before the date of commencement of this Act, to the entity to which application for a new operating licence must be made under this Act, provided that the nature of the replacing vehicle and the quality and standard of the service are not affected by the replacement. |
| (2) | The authorised official must allow the replacement and issue to the holder an amended operating licence, or in the case of a permit, a new operating licence, subject to sections 47, 48 and 49, if the replacing vehicle— |
| (a) | is a motor car, minibus or midibus; or |
| (b) | in the case of a bus, has the same capacity as or less capacity than the replaced vehicle or a capacity which does not exceed that of the replaced vehicle by more than 40%; and |
| (c) | is properly licensed and certified as roadworthy in compliance with the National Road Traffic Act. |
[Section 73(2) substituted by section 43 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) | Where a subcontractor operates any part of the service to which an operating licence relates on behalf of the holder in terms of a contract, the subcontractor may rely on the provisions of this section to replace any vehicle of which the latter is the registered owner and which is specified in that operating licence, in all respects as if the subcontractor were the holder of that operating licence. |
