National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 6 : Regulation of Road-Based Public TransportPart 2 : General provisions73. Amendment of operating licence to replace specified vehicle |
| (1) | Where the holder of an operating licence or permit wishes to replace the specified vehicle with another vehicle, the holder must apply for the replacement, in the manner prescribed, to an authorized official of— |
| (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 authorized 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— |
| (b) | in the case of a bus or midibus, does not exceed the capacity of the replaced vehicle by more than 20 per cent; and |
| (c) | is otherwise suitable for the operation of the service and has— |
| (i) | a national information system model number allocated to it; |
| (ii) | been certified as roadworthy; and |
| (iii) | is properly licensed in compliance with the National Road Traffic Act. |
| (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. |