National Land Transport Act, 2009 (Act No. 5 of 2009)RegulationsSecond National Land Transport Regulations, 2025Chapter 4: Moratorium on Applications for Operating Licences for Non-Contracted Services33. Imposition of moratorium on applications for operating licences for non-contracted services |
| (1) | The planning authority intending to impose a moratorium on applications for operating licences or the issuing of operating licences in terms of section 39(1)(b) read with section 55(3) of the Act must— |
| (a) | conduct a survey on the route or routes or corridor or area targeted for the moratorium, which must include a list of all operators and vehicles operating on the route or routes or corridor or area providing non-contracted public transport services, including details of operating licences authorising such services, a list of vehicles operating such services without operating licences, the names of associations of which the operators are members as well as any other relevant information that the planning authority may consider in compliance with the Act: Provided that such a survey is not necessary if the planning authority has a current ITP that already contains the required information; |
| (b) | compile a list of operators that are lawfully operating on the route or routes or in the corridor or area; |
| (c) | consult with operators contemplated in paragraph (b) and their representatives, the MEC and the regulatory entity responsible for issuing operating licences to them; |
| (d) | comply with all of the local government legislation regarding public consultation, to the extent required in arriving at and taking a decision to declare a moratorium; |
| (e) | request the assistance of the MEC or the Minister where it has identified the need for a moratorium but does not have the relevant ITP or funds to conduct a survey in terms of paragraph (a), and |
| (f) | after consultation in terms of paragraph (c) make a decision that must be communicated to all the consulted stakeholders by written correspondence or through a notice in the Gazette. |
| (2) | The planning authorities in a province may enter into an agreement with the province in terms of section 12(1) of the Act to provide for the provincial declaration of moratoria. |
| (3) | Where the province takes responsibility to declare a moratorium as contemplated in sub-regulation (2), the surveys and consultation processes may be conducted by the province on behalf of the planning authorities who are parties to the section 12(1) agreement. |
| (4) | The moratorium must be declared for a definite period of not more than two years at a time. |
| (5) | The declared moratorium may be extended once for a period not exceeding one year without following the processes provided for in sub-regulation (1)(a) and (c), whereafter such processes must be conducted for further extension of the moratorium. |