National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 9 : Transitional and Final Matters93. Transitional provisions |
| (1) | Where, at any time before the commencement of this Act— |
| (a) | a person was convicted, in terms of any previous law, of an offence which is an offence in terms of this Act, the person is, where relevant for the purposes of this Act, regarded and treated as a person who had committed a corresponding offence provided for in this Act; and |
| (b) | any distinguishing mark issued in terms of any previous law for a vehicle in relation to which an operating licence or permit had been issued thereunder, is regarded for purposes of this Act, until such time as that licence or permit lapses, is converted to an operating licence, or is withdrawn or cancelled in terms of this Act, as a distinguishing mark issued under this Act. |
| (2) | Any transport plan prepared or approved in terms of the Transition Act is deemed to be the corresponding plan prepared or approved, as the case may be, in terms of this Act until the latter has been prepared or approved. |
| (3) | Until the National Public Transport Regulator, a Provincial Regulatory Entity or municipality has been established or is empowered to perform its functions under this Act— |
| (a) | an operating licensing board established in terms of the Transition Act may exercise the powers and perform the duties of such an entity under this Act, but only until a date determined by the Minister, after consultation with the relevant MEC or municipality by notice in the Gazette; |
| (b) | any power exercised or duty or function validly performed by an operating licensing board in terms of the previous Act or a law previous to that is deemed to have been validly exercised or performed; and |
| (c) | any application to an operating licensing board relating to the granting, amendment, renewal or transfer of an operating licence which has not been disposed of, is deemed to be an application under this Act relating to the appropriate operating licence. |
| (4) | Whenever this Act makes reference to a transport plan, a contracting authority or other entity may proceed with any action, despite the fact that the relevant plan has not been prepared, approved or published in terms of this Act, but such authority or entity must have regard to any available transport planning or other information at its disposal. |
| (5) | Any transport authority established in terms of the Transition Act will cease to be a juristic person independent from the relevant municipality or municipalities, on a date to be determined by the Minister, and those municipalities must amend or restructure their administrations as soon as possible after the determined date, to bring them in line with this Act. |