| (a) | has not yet been accredited under section 82(4) of the Act; and |
| (b) | has not yet applied for accreditation, and |
| (c) | wishes to operate tourist transport services by means of vehicles for which operating licences have not yet been issued, |
must apply simultaneously for accreditation in terms of regulation 30 and for the necessary operating licences in terms of section 54 of the Act by completing form 5AA as shown in Schedule 1 and paying the application fee specified in Schedule 2 and supplying the documents contemplated in regulation 35(3).
| (2) | An operator who already holds operating licences authorising tourist transport services but has not yet been accredited under section 82(4) of the Act— |
| (a) | may continue to operate such vehicles in terms of such licences, but |
| (b) | must apply for accreditation if he, she or it has not already done so without delay to avoid being barred from operating such services when the Minister determines the date contemplated in section 81(1) of the Act. |
| (3) | An operator contemplated in subregulation (2) who wishes to renew an operating licence contemplated in that subregulation, must apply simultaneously for renewal of the licence in terms of regulation 25 and for accreditation in terms of regulation 30. |
| (4) | Where the NPTR refuses an application for accreditation, the operator must— |
| (a) | cease to operate tourist transport services forthwith; and |
| (b) | submit any operating licences held by him, her or it which authorise tourist transport services to the NPTR for amendment or cancellation, as the case may be, within 21 days of the date that such accreditation was refused, subject to subregulation (6) and (7). |
| (5) | Where an operating licence authorizes services other than tourist transport services in addition to tourist transport services, the NPTR must carry forward the authorisation for all the relevant services when issuing a new operating licence; provided that the validity period of the new licence must be aligned with the period of validity of the operator's accreditation. |
| (6) | When cancelling an operating licence in terms of subregulation (4)(b) the NPTR must follow the procedure contemplated in section 79(4) of the Act, reading in the necessary changes. |
| (7) | Where an operator contemplated in subregulation (4) has lodged an appeal, or a review application in terms of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), to a competent court or tribunal, as the case may be, against the decision to refuse accreditation, subregulation (4) will not apply unless the appeal or review application is withdrawn or is dismissed by the court or tribunal. |
[Regulation 34A inserted by section 9 of the Second Amendment of the National Land Transport Regulations, 2024, Notice No. 2670, GG51003, dated 2 August 2024]
