National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 6 : Regulation of Road-Based Public TransportPart 2 : General provisions74. Temporary replacement of vehicle |
| (1) |
| (a) | The entity that issued an operating licence or an employee authorized by it may, on application by the holder, grant written authorization, where the vehicle specified in that operating licence or permit has become defective temporarily, for the holder to use another vehicle in place of the defective vehicle, subject to subsections (2), (3) and (6). |
| (b) | Where the operating licence or permit was issued before the date of commencement of this Act, such authorization must be granted by the entity to which application for a new operating licence must be made in terms of this Act. |
| (c) | Where a vehicle contemplated in paragraph (a) belongs to a subcontractor operating a service on behalf of the holder in terms of a contract, such an authorization may also be granted to such a subcontractor. |
| (2) | The written authorization must be in the prescribed form and must specify at least the prescribed particulars. |
| (3) |
| (a) | The passenger capacity of the replacing vehicle must be equal to that of the vehicle specified in the relevant operating licence, but may— |
| (i) | be smaller; or |
| (ii) | exceed that capacity by not more than 20 per cent. |
| (b) | The replacing vehicle must be suitable for the operation of that service and, except insofar as this section provides otherwise, must comply in all other respects with the requirements and conditions that apply in terms of this Act and the National Road Traffic Act with regard to the vehicle. |
| (4) | The written authorization must be kept in the replacing vehicle to which it relates, together with the operating licence or permit applicable to the replaced vehicle for the duration of the period of replacement. |
| (5) | The replacing vehicle is regarded in all respects as the vehicle operated under the operating licence or permit for the period of replacement. |
| (6) | A second or subsequent application under subsection (1) in respect of the same vehicle may be refused if it appears that the applicant is abusing such written authorizations. |
| (7) | Where vehicles normally used for public transport services in terms of operating licences or permits on a particular route or in a particular area are not available temporarily due to extraordinary circumstances including, but not limited to, natural disasters, unrest or violence, the Minister or an MEC may authorize operators, who need not be the holders of those operating licences or permits, in writing to use other vehicles temporarily on those routes and in those areas, subject to the conditions and for the periods set out in such authorization. |