National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 7 : Law Enforcement89. Powers of authorized officers |
| (1) | In addition to the functions and duties imposed on an authorized officer by or in terms of this Act, an authorized officer may— |
| (a) | cause a motor vehicle to be stopped in the prescribed manner and enter such a vehicle in order to establish if it is used for public transport or monitor compliance with any provision of this Act, or with the terms of any operating licence or permit, and may for those purposes examine or inspect the vehicle and any documentation that may be relevant; |
| (b) | require from the driver to furnish his or her full name and residential address, and documentary proof thereof, as well as the names and address of the owner of the vehicle, and particulars of the business in connection with which the vehicle is being used; |
| (c) | require that the driver or other person in charge of the vehicle forthwith produce for inspection any documents or other records that are in or on the vehicle in the possession of the driver or that person that relate to the persons being conveyed in such vehicle; |
| (d) | require that any person in a motor vehicle suspected on reasonable grounds to be used for public transport, or a person suspected on reasonable grounds to have been in such a vehicle recently, furnish the full name and address of such suspected person and documentary proof thereof and state if such person has paid or has to pay any consideration for conveyance in the vehicle, and furnish the name and address of the person to whom the payment has been made; |
| (e) | require that the records to be kept in or on the vehicle in terms of this Act, be produced for inspection; |
| (f) | enter or enter upon any business premises at any reasonable time to monitor compliance with this Act, and- |
| (i) | question any person who, in the opinion of the authorized officer, may be able to furnish any information required for that purpose; |
| (ii) | require such a person to produce, for examination or inspection, any books, documents or other records, that may be relevant for monitoring purposes; |
| (iii) | make extracts therefrom or copies thereof; and |
| (iv) | demand an explanation of any entries in such a book, document, or other record; |
| (g) | require that the driver or other person in charge of a motor vehicle used for public transport, produce any documents whatsoever, that were issued by a competent authority, in terms of this Act, or the Transition Act, with regard to the vehicle or the public transport for which it may be used in terms of this Act, or the Transition Act, as the case may be, and which, in terms of those Acts have to be kept in that vehicle; and |
| (h) | upon the order of the entity that issued an operating licence or permit or the successor to that entity, attach an operating licence or permit that has expired or lapsed or has been withdrawn temporarily in terms of this Act, and hand it over to that entity. |
| (2) | A person questioned or required to furnish an explanation in terms of subsection (1) (f), may exercise his or her rights in terms of section 35 of the Constitution. |
| (3) |
| (a) | Where an authorized officer finds a vehicle used for public transport to be so defective as to be a danger to persons or property, the authorized officer may order the driver or other person in charge of the motor vehicle to surrender the relevant operating licence or permit, as well as all distinguishing marks relating to the vehicle, and prohibit that driver or person forthwith to use the vehicle for public transport. |
| (b) | The operating licence or permit so surrendered, must be retained by the officer until the holder has satisfied the officer that the defects have been remedied and that the vehicle is in a roadworthy condition, and the onus of proof rests on the holder of the operating licence. |