| (1) | The NPTR must consider the following when deciding whether to grant or refuse an application for accreditation: |
| (a) | Whether the applicant complies with section 81(2) of the Act and these regulations, based on the applicant's past record as an operator, inter alia as regards safety and compliance with legislation, but without discriminating against persons who are new to the industry, and with due regard to the need to promote small business and persons previously disadvantaged by unfair discrimination; |
[Regulation 32(1)(a) substituted by section 8(a) of the Second Amendment of the National Land Transport Regulations, 2024, Notice No. 2670, GG51003, dated 2 August 2024]
| (b) | whether the vehicles operated by the operator after inspection by suitably qualified officials or agents of the NPTR are roadworthy and acceptable for the type of tourist operations carried on or to be carried on by the applicant; |
| (c) | after a date to be determined by the Minister and made known by notice in the Gazette, that the applicant or one or more of the applicant's employees have passed the tests or examinations or have attended training courses specified by the NPTR, to ensure that they understand the transport industry, road traffic and transport legislation, and other relevant matters; |
| (d) | that the applicant has a programme of maintaining and servicing all vehicles operated or to be operated by the applicant, that is acceptable to the NPTR either— |
| (i) | by producing records of regular servicing by an acceptable garage or service centre or mechanic; or |
| (ii) | in appropriate cases, by adequately trained or experienced staff of the operator in workshops or other facilities that have been inspected and approved by or on behalf of the NPTR; |
[Regulation 32(1)(d) substituted by section 8(b) of the Second Amendment of the National Land Transport Regulations, 2024, Notice No. 2670, GG51003, dated 2 August 2024]
| (e) | that the operator keeps maintenance and servicing records to the satisfaction of the NPTR, which must be made available to NPTR inspectors on request; |
| (f) | that the operator has suitably qualified back-up staff and appropriate administrative facilities that, in the opinion of the NPTR, are sufficient to run his or her transport business efficiently; |
| (g) | that the operator has an acceptable record regarding compliance with road traffic and transport legislation, as well as other applicable legislation; |
| (h) | that the operator's tax affairs are in order as shown by submission of a valid tax clearance certificate from the South African Revenue Service; and |
| (i) | any other matter required by the NPTR. |
| (2) | The applicant must describe the livery and signage being displayed or to be displayed on the applicant's vehicles in the application form, and the NPTR may discuss this with the applicant with a view to seeing that the applicant applies livery and signage that is acceptable and tasteful in relation to the image of the tourist industry and any other matter decided by the NPTR. |
| (3) | Where appropriate, the NPTR must inform the operator of steps that must be taken for the operator to qualify for accreditation, and that accreditation will be refused if the steps are not taken within a specified time. |
| (4) | Where, after evaluating the application, it appears to the NPTR that an applicant does not qualify for accreditation the NPTR must furnish the operator with the reasons for non-qualification, and may allow the operator a certain time to rectify the situation or submit outstanding requirements as a condition for later accreditation. |
| (5) | Where the NPTR has taken a final decision to refuse an application for accreditation, the operator may re-apply, but only after a period of 180 days has elapsed from the date of the refusal. |
| (6) | The operator must keep his, her or its vehicles, offices, facilities and records open for inspection by inspectors or authorized agents of the NPTR at all times. |
