National Land Transport Act, 2009 (Act No. 5 of 2009)RegulationsNational Land Transport Regulations, 2009Chapter 5 : Accreditation of tourist transport operators and related matters36. Operating licences for tourist transport operators |
| (1) | Where the NPTR has certified a tourist transport vehicle in terms of section 84 of the Act and regulation 35 for an operator that has been accredited in terms of section 81 of the Act, such accredited operator must apply for an operating licence for that vehicle to operate tourist transport as contemplated in regulation 35, by completing Form 5AA in Schedule 1. |
[Regulation 36(1) substituted by section 11(a) of the Second Amendment of the National Land Transport Regulations, 2024, Notice No. 2670, GG51003, dated 2 August 2024]
| (1A) | On compliance by the operator with subregulation (1) and regulation 35(1) and (2), the NPTR must issue an operating licence for the vehicle, which will replace any permit or operating licence already issued for that vehicle. |
[Regulation 36(1A) inserted by section 11(b) of the Second Amendment of the National Land Transport Regulations, 2024, Notice No. 2670, GG51003, dated 2 August 2024]
| (2) | Where an entity that owns vehicles and wishes to rent them to tourist transport operators as contemplated in section 84(2) of the Act and has obtained certification of a vehicle, such vehicle may only be used for tourist transport services by an accredited operator, and the operating licence referred to in section 84(3) of the Act may only be issued to an accredited operator, and for the period of the hiring. |
| (3) | When issuing an operating licence to an operator who is accredited in terms of section 81 of the Act, that operator must submit to the NPTR any permit or operating licence previously issued for the relevant vehicle which authorizes services other than tourist transport services, and the NPTR must include such authorisations in the licence issued pursuant to the accreditation, subject to regulation 34A(5). |
[Regulation 36(3) substituted by section 11(c) of the Second Amendment of the National Land Transport Regulations, 2024, Notice No. 2670, GG51003, dated 2 August 2024]
| (4) | Where on accreditation of the applicant the NPTR has imposed a condition under section 81(4) of the Act that only a certain number of vehicles may be operated or that only vehicles of certain classes may be operated, an operating licence may not be issued in conflict with such a condition. |
| (5) | Such an operating licence must stipulate— |
| (a) | appropriate conditions imposed by the NPTR, either at the stage of accreditation or at the stage of issuing the operating licence; and |
| (b) | the area within which the vehicle may be operated, which may be the Republic as a whole. |
| (6) | Such an operating licence may also authorise the operator to undertake charter services, subject to conditions imposed by the NPTR and reflected in the licence. |