National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 7 : Law Enforcement90. Offences and penalties |
| (1) | A person is guilty of an offence— |
| (a) | if that person operates a public transport service in contravention of section 50; |
| (b) | if the person operates a public transport service contrary to the terms and conditions of an operating licence or permit; |
| (c) | if, being the holder of an operating licence or permit or the agent or employee of such a holder, the person allows someone else to use that operating licence or permit for a vehicle other than the vehicle specified therein; |
| (d) | if the person applies for or obtains an operating licence knowing that a current operating licence has already been issued with regard to the same vehicle; |
| (e) | if the person, with the intent to deceive, forges, alters, defaces, damages or adds to any operating licence or permit other official document issued under this Act; |
| (f) | if, knowing that a document is not an operating licence or permit or such other official document or that it has been altered, defaced, damaged or added to, utters or uses the document; |
| (g) | if the person furnishes or gives false information in or with regard to any application made in connection with an operating licence, or in the course of appearing in any proceedings, investigation or inquiry relating thereto; |
| (h) | if the person impersonates an authorized officer; |
| (i) | if the person willfully obstructs or hinders an authorized officer who is discharging his or her duties; |
| (j) | if the person refuses or fails to comply with the lawful order, direction or demand made by an authorized officer in the discharge or performance of any function or duty entrusted to the officer by or in terms of this Act; |
| (k) | if, where the person is conveyed as a passenger in the course of public transport, he or she— |
| (i) | fails to pay the fare due for the journey when payment is requested by the driver or conductor; |
| (ii) | smokes or drinks liquor on that vehicle in contravention of a notice on the vehicle which forbids smoking or drinking; |
| (iii) | willfully acts in a manner that inconveniences a fellow passenger; |
| (iv) | disobeys a reasonable instruction issued by the driver or conductor for the purpose of maintaining order or ending a disturbance or controlling any emergency; or |
| (v) | willfully performs any act in or on the vehicle that could cause injury to or endanger the life of any person or cause damage to any property; |
| (l) | if the person, being the holder of an operating licence or permit or the driver of a vehicle to which that operating licence or permit relates, fails to comply with any duty or obligation imposed on such a holder or driver by or in terms of this Act; |
| (m) | if the person picks up or sets down passengers at or near an international border in contravention of section 75(2); |
| (n) | if the person uses a vehicle for a public transport service in contravention of this Act; |
| (o) | if the person operates a tourist transport service without accreditation by the National Public Transport Regulator or operates a tourist transport service after his or her accreditation has been cancelled; |
| (p) | if the person uses a vehicle for tourist transport services in contravention of section 84(1) and (5); or |
| (q) | if the person contravenes any other provisions of this Act. |
| (2) | Where a person is convicted of any one of the offences mentioned in— |
| (a) | paragraphs (a), (b), (d), (e) or (o) of subsection (1), a term of imprisonment not exceeding two years, or a fine not exceeding R100 000, may be imposed; |
| (b) | any other paragraph of that subsection, a term of imprisonment not exceeding three months or a fine not exceeding R10 000 may be imposed. |
| (3) | Whenever a manager, agent or employee of the holder of an operating licence or permit performs or omits to perform any act which, if the holder had performed or omitted to perform that act personally, would have constituted an offence in terms of subsection (1), that holder is guilty of that offence if— |
| (a) | the holder— |
| (i) | connived at or knowingly permitted the act or omission concerned; or |
| (ii) | did not take all reasonable measures to prevent that act or omission; and |
| (b) | an act or omission of the nature of the act or omission charged, whether legal or illegal, fell within the scope of the authority or the course of the employment of the manager, agent or employee. |