Cross-Border Road Transport Amendment Act
This section inserts a Table of Contents into the Cross-Border Road Transport Act, 1998 before Part 1.
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About this statute
This section inserts a Table of Contents into the Cross-Border Road Transport Act, 1998 before Part 1. This section is titled “Notice of appointment.” Section 11 is titled “Vacation of, and removal from, office.” Section 12 is titled “Conditions of service of members or alternative members of Board Regulatory Committee.” This section is titled “Appointment of experts.”
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Provisions of Cross-Border Road Transport Amendment Act
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The following Table of Contents is hereby inserted in the Cross-Border Road
AI-assisted research summary: This section inserts a Table of Contents into the Cross-Border Road Transport Act, 1998 before Part 1.
1. The following Table of Contents is hereby inserted in the Cross-Border Road Transport Act, 1998 (hereinafter referred to as the principal Act), before Part 1: TABLE OF CONTENTS PART 1 Definitions PART 2 1. Definitions Road transport agreements with other states 2. 3. Authorisation to conclude road transport agreements Equal treatment (cid:13) 4 No. 31366 GOVERNMENT GAZETTE. 27 AUGUST 2008 Act No. 12, 2008 CROSS-BORDER ROAD TRANSPORT AMENDMENT ACT, 2008 PART 3 Cross-Border Road Transport Agency Establishment of Agency Representation by Board Disqualifications Period of office of Chairperson, Deputy Chairperson and other members Chairperson and Deputy Chairperson Alternate members 4. 5. 6. 7. 8. 9.
Part
PART 3
- 10 Verify source ↗
Notice of appointment
AI-assisted research summary: This section is titled “Notice of appointment.”
10. Notice of appointment - 11 Verify source ↗
Vacation of, and removal from, office
AI-assisted research summary: Section 11 is titled “Vacation of, and removal from, office.”
11. Vacation of, and removal from, office - 12 Verify source ↗
Conditions of service of members or alternative members of Board
AI-assisted research summary: Section 12 is titled “Conditions of service of members or alternative members of Board Regulatory Committee.”
12. Conditions of service of members or alternative members of Board Regulatory Committee 13. Staff of Agency 14. - 15 Verify source ↗
Appointment of experts
AI-assisted research summary: This section is titled “Appointment of experts.”
15. Appointment of experts - 16 Verify source ↗
Meetings and decisions
AI-assisted research summary: Section 16 is titled “Meetings and decisions.”
16. Meetings and decisions 17. 18. 19. 20. 21. 22. - 22A Verify source ↗
Performance agreement
AI-assisted research summary: This text is a heading section listing topics such as performance agreement procedures, financing, bookkeeping and auditing, banking account, financial year, reporting, and the board’s functions.
22A. Performance agreement Procedures Financing of Agency Bookkeeping and auditing Banking account Financial year Reporting PART 4 Scope and functions of Board 23. Functions of Board
Part
PART 4
- 24 Verify source ↗
Advisory functions
AI-assisted research summary: This section is a heading for advisory and regulatory functions of the Board and lists related topics.
24. Advisory functions PART 5 Advisory functions of Board PART 6 Regulatory functions of Board Permit application Temporary permits Freight transport Passenger transport Temporary replacement of vehicle 25. 26. 27. 28. 29.
Part
PART 6
- 30 Verify source ↗
Withdrawal, suspension or variation of permit
AI-assisted research summary: Section heading: “Withdrawal, suspension or variation of permit.”
30. Withdrawal, suspension or variation of permit 31. - 32 Verify source ↗
Delegation of powers
AI-assisted research summary: Section heading: “Delegation of powers.”
32. Delegation of powers 33. Publication Cabotage - 34 Verify source ↗
Appeals
AI-assisted research summary: The text shows Section 34 is titled “Appeals,” but does not include the actual rule text.
34. Appeals PART 7 Facilitatory functions of Board 35. 36. Facilitatory functions Consultation 15 20 25 30 35 40 (cid:13) 6 No. 31366 GOVERNMENT GAZETTE, 27 AUGUST 2008 Act No. 12, 2008 CROSS-BORDER ROAD TRANSPORT AMENDMENT ACT, 2008 PART 8 Law enforcement Powers of national road transport inspector Functions of road transport inspectors
Part
PART 8
- 37 Verify source ↗
Road Transport Inspectorate
AI-assisted research summary: This provision is titled “Road Transport Inspectorate.”
37. Road Transport Inspectorate 38. 39. - 40 Verify source ↗
Offences and penalties
AI-assisted research summary: This section is titled “Offences and penalties.”
40. Offences and penalties 41. 42. 43. 44. 45. 46. - 46A Verify source ↗
Special emergency measures
AI-assisted research summary: This section heading lists topics related to special emergency measures, including forfeiture, evidential matters, jurisdiction, limitation of liability, points demerit system, and co-operation between the Board and the cross-border road transport industry.
46A. Special emergency measures Forfeiture Evidential matters Jurisdiction Limitation of liability Points demerit system Co-operation between Board and cross-border road transport industry PART 9 Duties of permit-holder 15
Part
PART 9
- 48 Verify source ↗
Discontinuation of cross-border passenger road transport
AI-assisted research summary: This section is titled “Discontinuation of cross-border passenger road transport,” but the provided text does not state any operative rule.
48. Discontinuation of cross-border passenger road transport 49. Return of consignment notes and passenger lists PART 10 Procedural matters
Part
PART 10
- 50 Verify source ↗
Minute-keeping by Board and Regulatory Committee
AI-assisted research summary: This section is titled “Minute-keeping by Board and Regulatory Committee.”
50. Minute-keeping by Board and Regulatory Committee 51. 52. 53. 54. Regulations Transitional provisions Partial repeal of Act 74 of 1977, and savings Short title and commencement SCHEDULE 1.". Amendment of section 1 of Act 4 of 1998
Part
SCHEDULE 1.".
- 2 Verify source ↗
Section I of the principal Act is hereby amended—
AI-assisted research summary: This section amends several definitions in the principal Act, including cabotage, cross-border road transport, foreign carrier, permit, reward, unauthorised transport, and vehicle.
2. Section I of the principal Act is hereby amended— (a) by the substitution for paragraph (a) of the definition of "cabotage" of the following paragraph: "(a) the onloading [or] and offloading of freight or passengers between two points in the Republic; or"; (b) by the substitution for the definition of "cross-border road transport" of the following definition: 25 30 " 'cross-border road transport' means the transport of passengers and 35 their personal effects or freight for reward or [the transport of freight] in the course of an industry, trade or business, to or from the Republic, crossing or intending to cross its borders into the territory of another state or in transit across the Republic or the territory of another state with a vehicle on a public road;'*; 40 (c) by the substitution for the definition of "foreign carrier" of the following definition: " 'foreign carrier' means a carrier who undertakes cross-border road transport or cabotage with a vehicle which is registered in a state other than the Republic;'*; 45 (d) by the substitution for paragraphs (a) and (b) of the definition of "permit" of the following paragraphs, respectively: "(a) a cabotage permit issued in respect of a vehicle for a maximum period of [three months, six months or one year] five years or for a fixed number of journeys; 50 (b) a cross-border road transport permit issued in respect of a vehicle for a maximum period of [three months, six months or one year] (cid:13) 8 No. 31366 GOVERNMENT GAZETTE, 27 AUGUST 2008 Act No. 12, 2008 CROSS-BORDER ROAD TRANSPORT AMENDMENT ACT, 2008 five years or for a fixed number of journeys authorising the transport of freight or passengers on specified routes; or'"; (e) by the substitution for the definition of "reward" of the following definition: "'reward' means any reward or compensation whether monetary or otherwise received in terms of a contract concluded for the hiring of a vehicle and a driver or the hiring of a vehicle and the separate hiring of a driver;"; 5 (f) by the substitution for the definition of "unauthorised transport" of the following definition: '"unauthorised transport' means transport with a vehicle on a public 10 road [without an applicable permit or in conflict with the permit conditions] in contravention of this Act; and"; (g) by the substitution for the definition of "vehicle" of the following definition: " 'vehicle' means— (a) in relation to cross-border freight road transport, any mechanically- 15 propelled road vehicle[— (i)] or combination of vehicles which is constructed, adapted or used for the carriage of freight[, excluding a semi-trailer and trailer in the case of an articulated vehicle; and (ii) which either by itself or as part of an articulated vehicle] 20 (b) (c) and which exceeds a maximum gross mass of 3 500 kg: in relation to cross-border passenger road transport, any mechani cally-propelled road vehicle which is constructed or adapted for the conveyance of passengers or any other vehicle which is used to convey passengers: and in relation to cabotage, any mechanically-propelled road vehicle and, in the case of [an articulated vehicle] a combination of vehicles, also a trailer and semi-trailer, which are regarded as separate vehicles;". Amendment of section 23 of Act 4 of 1998 25 30 - 3 Verify source ↗
Section 23 of the principal Act is hereby amended by the substitution for paragraph
AI-assisted research summary: The amended paragraph says market access for the road transport freight and passenger industry may be regulated for cross-border road transport and cabotage by issuing permits.
3. Section 23 of the principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph: "(b) regulate access to the market by the road transport freight and passenger industry in respect of cross-border road transport and cabotage by issuing permits;". 35 Amendment of section 25 of Act 4 of 1998 - 4 Verify source ↗
Section 25 of the principal Act is hereby amended by the substitution for subsection
AI-assisted research summary: A person may not do cross-border road transport, or cabotage subject to section 31, unless they hold a permit.
4. Section 25 of the principal Act is hereby amended by the substitution for subsection (I) of the following subsection: "(I) No person may undertake cross-border road transport or, subject to section 31, cabotage, unless he or she is the holder of a permit.". 40 Amendment of section 27 of Act 4 of 1998 - 5 Verify source ↗
Section 27 of the principal Act is hereby amended—
AI-assisted research summary: This amendment tells the Regulatory Committee and Board what they must consider when dealing with certain cross-border freight road transport permit applications, and it requires a single permit for a vehicle combination except in cabotage cases.
5. Section 27 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: (cid:13) 10 No. 31366 GOVERNMENT GAZETTE, 27 AUGUST 2008 Act No. 12, 2008 CROSS-BORDER ROAD TRANSPORT AMENDMENT ACT, 2008 "The Regulatory Committee must take the following into consideration in making a decision in relation to any application for the granting, renewal[, transfer] or amendment of permits for cross-border freight road transport based on the information presented to it by the Chief Executive Officer:'*; (b) by the substitution in subsection (1) for paragraph (a) of the following paragraph: "(a) whether the applicant [complies] and the vehicle comply with the relevant provisions of the National Road Traffic Act. [1989 (Act No. 29 of 1989)] 1996 (Act No. 93 of 1996);": (c) by the deletion in subsection (1) of the word "and" at the end of paragraph (e) and the insertion of the following paragraphs after paragraph (e): "(eA) whether a South African carrier has submitted a valid tax clearance certificate from the South African Revenue Services indicating (hat the applicant's tax affairs are in order; relevant in a any conditions, factors or criteria specified agreement contemplated in section 2 or specified or determined by a joint committee or similar body in terms of such an (eB) 15 (d) by the insertion of the following subsection after subsection (I): 20 "(1 A) Where the applicant is a South African carrier the Board must take into account— (a) (b) the promotion of small business; the empowerment of persons historically disadvantaged by unfair discrimination; and (c) any relevant code of good practice or transformation charter published in terms of the Broad-Based Black Economic Empower- ment Act. 2003 (Act No. 53 of 2003)."; and 25 (e) by the addition of the following subsection: "(3) In the case of a combination of vehicles, a single permit must he 30 issued for the truck-tractor and its trailers and semi-trailers, but not in the case of cabotage, where separate permits must he issued in accordance with section 31(3).". Amendment of section 28 of Act 4 of 1998 - 6 Verify source ↗
Section 28 of the principal Act is hereby amended—
AI-assisted research summary: The Regulatory Committee must consider specified factors when deciding applications for cross-border passenger road transport permits.
6. Section 28 of the principal Act is hereby amended— 35 (a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: "The Regulatory Committee must lake the following into consideration in making its decision in relation to any application for the granting. rencwal[, transfer] or amendment of permits for cross-border passenger 40 road transport based on the information presented to it by the Chief Executive Officer:"; (b) by the substitution in subsection (1) for paragraph (a) of the following paragraph: "(a) the considerations referred to in section 27( l)(a). (b), (d). [and] (e), 45 (eh) and (eB) and (1A);"; and (c) by the substitution in subsection (1) for paragraph (e) of the following paragraph: "(e) the ability of the applicant to provide the particular service safely and effectively;". Amendment of section 30 of Act 4 of 1998 - 7 Verify source ↗
Section 30 of the principal Act is hereby amended—
AI-assisted research summary: The Regulatory Committee may take listed action against a permit holder in specified circumstances, and must notify the permit holder of appeal and reasons rights when it does so.
7. Section 30 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "(1) The Regulatory Committee may. subject to the provisions of subsections (2) and (3) where— 50 55 (cid:13) 12 No. 31366 GOVERNMENT GAZETTE, 27 AUGUST 2008 Act No. 12, 2008 CROSS-BORDER ROAD TRANSPORT AMENDMENT ACT, 2008 (a) a permit holder or a person in his or her employ has been convicted of a road transport or road traffic offence in the Republic or in a state with which an agreement as contemplated in section 2(1), has been concluded; in the opinion of the Regulatory Committee, a permit holder has not complied with the conditions of the permit; or (b) (c) a permit holder has ceased to operate the services or a part of such 5 services authorised by the permit, of its own accord or upon a request from the state with which such an agreement has been concluded, take one or more of the following steps: 10 [(a)](j) withdraw or suspend for such period as it may deem fit, any (b) permit granted by it[; revoke the permit] subject to such conditions as may be imposed; [fc)](nj declare such permit-holder either permanently or for a specified 15 period of time unfit to apply for a permit; [(#)](iii) amend the conditions and requirements applicable to the permit held by the permit-holder, or determine such new conditions and requirements as the Regulatory Committee may deem fit."; and (b) by the addition of the following subsection: "(7) Where the Regulatory Committee decides to follow any of the steps in subsection (1), the Regulatory Committee must notify the permit holder of the right to appeal in terms of section 34 and of the right to request reasons.". Amendment of section 31 of Act 4 of 1998 20 25 - 8 Verify source ↗
Section 31 of the principal Act is hereby amended—
AI-assisted research summary: Section 31 is amended so that cabotage is prohibited except where allowed, permits may be granted only if specified conditions are met, and related vehicle combinations may be registered in different countries with separate permits for each unit.
8. Section 31 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "(1) Cabotage subsection (2)."; is prohibited, except as specifically allowed in (b) by the substitution in subsection (2) for paragraph (b) of the following 30 paragraph: "(b) it is satisfied that— (i) (ii) there is no South African carrier who can provide a similar service: the granting of the permit will not be in conflict with transport 35 plans prepared in terms of Part 7 of the National Land Transport Transition Act. 2000 (Act No. 22 of 2000); and (iii) [where] lifting the prohibition is in the best interest of the Republic"; and (c) by the substitution for subsection (3) of the following subsection: 40 "(3) Where cabotage is permitted, any truck-tractor and trailer and semi-trailer used in combination for the purposes of such transport, [must] may be registered in [the same country] different countries, but a separate permit is required for each such truck-tractor, trailer and semi-trailer.". 45 Amendment of section 32 of Act 4 of 1998 - 9 Verify source ↗
Section 32 of the principal Act is hereby amended—
AI-assisted research summary: This section amends section 32 of the principal Act to change how permit applications are considered and to add two new kinds of permits.
9. Section 32 of the principal Act is hereby amended— (a) by the substitution in paragraph (a) for the words preceding subparagraph (i) of the following words: "consider applications, in accordance with the prescribed procedure, for 50 the granting, renewal[, transfer] or amendment of—"; (b) by the deletion in paragraph (a) of the word "and" at the end of subparagraph (ii); and (c) by the addition to paragraph (a) of the following subparagraphs: (cid:13) 14 No. 31366 GOVERNMENT GAZETTE, 27 AUGUST 2008 Act No. 12, 2008 CROSS-BORDER ROAD TRANSPORT AMENDMENT ACT, 2008 "(iii) cabotage permits for a maximum of 14 days to foreign carriers who have not transgressed a prescribed points demerit threshold; (iv) permits for a maximum of three months where the application relates to the transporting of passengers who are employees, workers, contractors or agents of the applicant being transported in the course of the applicant's industry, trade or business; and". Amendment of section 33 of Act 4 of 1998 - 10 Verify source ↗
Section 33 of the principal Act is hereby amended—
AI-assisted research summary: The Regulatory Committee must publish certain permit applications in the Gazette and invite representations before considering them, with a limited exception; it may also publish renewal applications, and must do so if permit conditions or requirements are being amended.
10. Section 33 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "(1) The Regulatory Committee must, before considering any 10 application for the granting[, renewal, transfer] or amendment of a permit [issued for either three months, six months or one year] authorising cabotage or for the granting!, renewal, transfer] or amendment of a [three month, six month, or one year] permit for cross-border passenger road transport, except where the application 15 relates to passengers who are employees, workers, contractors or agents of the applicant being transported in the course of the applicant's industry, trade or business, publish in the Gazette the particulars of any application as may be prescribed and invite any person to make representations in the manner and within the time prescribed, in respect 20 of such application, except where the agreement provides otherwise and subject to [the provisions of subsection] subsections OA) and (2)."; and (b) by the insertion of the following subsection after subsection (1): "(1 A) The Regulatory Committee may publish in the same manner an 25 application for renewal of a permit contemplated in subsection (1). and must do so if the conditions or requirements of the permit are to be amended in the process,". Amendment of section 34 of Act 4 of 1998, as substituted by section 1 of Act 70 of 1998 30 - 11 Verify source ↗
Section 34 of the principal Act is hereby amended by the substitution in subsection
AI-assisted research summary: This provision amends section 34 so that it refers to the Regulatory Committee publishing or otherwise making known its decision on applications for cross-border road transport permits or cabotage permits.
11. Section 34 of the principal Act is hereby amended by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: "Where the Regulatory Committee has published or otherwise made known its decision in respect of any application for the granting, renewal[,] or amendment [or transfer] of a cross-border road transport permit or a cabotage permit for freight or 35 passengers—". Amendment of section 35 of Act 4 of 1998 - 12 Verify source ↗
Section 35 of the principal Act is hereby amended—
AI-assisted research summary: Section 35 is amended by deleting a word, replacing paragraph (j), and adding a new paragraph (k).
12. Section 35 of the principal Act is hereby amended— (a) by the deletion in subsection (1) of the word "and" at the end of paragraph (i); (b) by the substitution in subsection (1) for paragraph (j) of the following 40 paragraph: "(j) [any other designated stakeholder] provincial and local authori ties; and";and (c) by the addition to subsection (1) of the following paragraph: "(k) any other designated stakeholder.". 45 Amendment of section 37 of Act 4 of 1998 - 13 Verify source ↗
Section 37 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: The Chief Executive Officer must appoint the national Road Transport Inspectorate.
13. Section 37 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) fa) The [Board] Chief Executive Officer must appoint the national Road Transport Inspectorate, consisting of the national road transport inspectors. 50 (cid:13) 16 No. 31366 G O V E R N M E NT GAZETTE, 27 AUGUST 2008 Act No. 12, 2008 CROSS-BORDER ROAD TRANSPORT A M E N D M E NT ACT. 2008 (b) Section 14(3) applies to national road transport inspectors appointed in terms of paragraph (a).". Amendment of section 38 of Act 4 of 1998 - 14 Verify source ↗
Section 38 of the principal Act is hereby amended—
AI-assisted research summary: The section amends section 38 so that a permit authorising cross-border road transport or cabotage may be confiscated if the vehicle is so defective as to be a possible danger, and the permit must be handed to the Chief Executive Officer.
14. Section 38 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraph (e) of the following 5 paragraph: "(e) confiscate a permit which authorises cross-border road transport or cabotage if the vehicle is so defective as to be a possible danger to persons or property and must hand over the permit to the Chief Executive Officer:*': and 10 (b) by the substitution in subsection (1) for paragraph (h) of the following paragraph: "(h) impound a vehicle which is reasonably suspected of being or having been used for [cross-border road transportation contrary to the Act or an agreement] unauthorised transport:". 15 Amendment of section 40 of Act 4 of 1998 - 15 Verify source ↗
Section 40 of the principal Act is hereby amended—
AI-assisted research summary: Section 40 is amended to make it an offence for a registered owner of a vehicle to allow cross-border road transport or cabotage without a permit, and to add related permit-contravention offences.
15. Section 40 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraph (y) of the following paragraph: "(y) is the registered owner of a vehicle and allows cross-border road 20 transport or cabotage without a permit;": (b) by the substitution in subsection (1) for paragraph (zA) of the following paragraph: "(zA) [contravenes or fails to comply with any provision of this Act, if such contravention or failure is not elsewhere declared an 25 offence,] cedes, alienates, hires out or hires conferred by a permit in contravention of section 47(7);*'; and the authority (c) by the addition of the following paragraph in subsection (1) after paragraph (zA): "(zB) contravenes or fails to comply with any provision of this Act if 30 such contravention or failure offence,". is not elsewhere declared an Amendment of section 41 of Act 4 of 1998 - 16 Verify source ↗
Section 41 of the principal Act is hereby amended by the substitution for the
AI-assisted research summary: This provision changes section 41 of the principal Act by replacing the phrase “unauthorised road transport” with “unauthorised transport” in subsection (1).
16. Section 41 of the principal Act is hereby amended by the substitution for the expression "unauthorised road transport", wherever it occurs, in subsection (1) of the 35 expression "unauthorised transport". Amendment of section 44 of Act 4 of 1998 - 17 Verify source ↗
Section 44 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: Board employees are not personally liable for damage caused by acts or omissions done in good faith.
17. Section 44 of the principal Act is hereby amended by the substitution for subsection (I) of the following subsection: "(1) Any person in the employ of the Board[, as contemplated in section 14], 40 is not personally liable for any damage caused by reason of any act done or omitted to be done in good faith by that person.". Amendment of section 45 of Act 4 of 1998 - 18 Verify source ↗
Section 45 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: The Minister may devise a points demerit system and related penalties for contraventions of this Act and the National Road Traffic Act, subject to consultation.
18. Section 45 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) The Minister, in consultation with to [the (2), devise a points demerit system, based on provisions of] subsection contraventions of this Act [as well as contraventions contemplated in] and of the National Road Traffic Act, [1989] 1 9% (Act No. 93 of 1996), and may devise such penaltiesf,] as may be prescribed.". the Board may, subject 45 50 (cid:13) 18 No. 31366 GOVERNMENT GAZETTE, 27 AUGUST 2008 Act No. 12, 2008 CROSS-BORDER ROAD TRANSPORT AMENDMENT ACT. 2008 Insertion of section 46A in Act 4 of 1998 - 19 Verify source ↗
The following section is hereby inserted in the principal Act after section 46:
AI-assisted research summary: The Minister may declare an area for special emergency transport measures, suspend certain permits for up to 21 days, and require notices and consideration of representations before making regulations.
19. The following section is hereby inserted in the principal Act after section 46: 'Special emergency measures 46A. (1) The Minister may, after consulting the Regulatory Committee, the Member of the Executive Council of the relevant province responsible for public transport and the South African Police Services, by notice in the Gazette, declare an area in which the special measures provided for in this section will apply, where he or she is of the opinion that this is necessary to normalize the situation in the area characterised by violence, unrest or instability. (2) The Minister may make regulations providing that the operation of any specified permit is, or all permits are, temporarily suspended in so far as they authorise cross-border road transport or cabotage in such an area or part thereof, or on a specified route or routes in that area, for a period not exceeding 21 days. (3) Regulations under subsection (2) may provide that the contravention thereof constitute an offence and may prescribe penalties in respect thereof. (4) Before making regulations under subsection (2), the Minister must cause a notice to be published in the Gazette or in a newspaper circulating in the declared area, stating— (a) a brief description of the nature and purpose of the intended action; the period for which the proposed regulations will be in force; (b) that interested or affected persons may request reasons for (c) proposed regulations; that any interested or affected persons may make representations; the time within which representations may be made, which may not be less than 24 hours; the address to which representations must be submitted; and the manner in which representations may be made. (d) (e) (f) (g) the 10 15 20 25 (5) The Minister must consider any representations received under 30 subsection (4) before making regulations under subsection (2).". Amendment of section 47 of Act 4 of 1998
Part
part thereof, or on a specified route or routes in that area, for a period not
- 20 Verify source ↗
Section 47 of the principal Act is hereby amended by the addition of the following
AI-assisted research summary: Permit holders with permits valid for more than one year must submit annual documents to the Regulatory Committee and must return the permit to the Chief Executive Officer within 10 days if it lapses; permit authority cannot be transferred or hired out.
20. Section 47 of the principal Act is hereby amended by the addition of the following subsections: "(6) All holders of permits which are valid for more than one year, must submit 35 to the Regulatory Committee annually, together with the registration certificate mentioned in subsection (2)— (a) a valid roadworthy certificate for the vehicle; f b) where it is a condition of the permit that the holder must purchase insurance, proof that such insurance is still in force in respect of the vehicle and that all premiums have been paid; (c) proof that other conditions of the permit are being met, if required by the Regulatory Committee; and (d) any other prescribed requirement, failing which the permit shall lapse on the date of lapsing of such registration certificate and the holder must return it to the Chief Executive Officer within 10 days of such lapsing by delivering it by hand or by registered post. (7) The authority conferred by a permit may not— (a) be ceded or otherwise alienated by the holder of the permit, and no person may be a party to such a cession or alienation; or (b) be hired out by the holder of the permit or be hired by any other person, and any such cession, alienation or hiring of a permit shall be of no legal force or effect.". 40 45 50 (cid:13) 20 No. 31366 GOVERNMENT GAZETTE, 27 AUGUST 2008 Act No. 12, 2008 CROSS-BORDER ROAD TRANSPORT AMENDMENT ACT, 2008 Amendment of section 49 of Act 4 of 1998 - 21 Verify source ↗
Section 49 of the principal Act is hereby amended by the substitution for the
AI-assisted research summary: This amendment replaces every reference to "21 days" in section 49 of the principal Act with "30 days".
21. Section 49 of the principal Act is hereby amended by the substitution for the expression "21 days", wherever it occurs, of the expression "30 days". Amendment of section 52 of Act 4 of 1998 - 22 Verify source ↗
Section 52 of the principal Act is hereby amended by the insertion of the following
AI-assisted research summary: Certain cross-border road transport permits and operating licences lapse within six months after section 25 starts, but the holder may apply to the Regulatory Committee for a permit under this Act.
22. Section 52 of the principal Act is hereby amended by the insertion of the following 5 subsection after subsection (2): "(2A) All permits and operating licences issued by the National Transport Commission, local road transportation boards and operating licensing boards in terms of the Road Transportation Act, 1977 (Act No. 74 of 1977), the National Land Transport Transition Act, 2000 (Act No. 22 of 2000). or provincial legislation contemplated in the definition of 'replacing provincial law' in section 1 of the lastmentioned Act, which authorise or purport to authorise cross-border road transport and with a validity period exceeding 12 months, lapse within six months after the entry into force of section 25 of the Cross-Border Road Transport Amendment Act, 2008: Provided that the holder of such a permit or operating licence may apply to the Regulatory Committee for the granting of a permit in terms of this Act.". Amendment of section 46 of Act 22 of 2000 - 23 Verify source ↗
Section 46 of the National Land Transport Transition Act, 2000, is hereby
AI-assisted research summary: This provision amends section 46 of the National Land Transport Transition Act, 2000 by deleting subsection (2).
23. Section 46 of the National Land Transport Transition Act, 2000, is hereby amended by the deletion of subsection (2). 20 Amendment of section 127 of Act 22 of 2000 - 24 Verify source ↗
Section 127 of the National Land Transport Transition Act, 2000, is hereby
AI-assisted research summary: This provision amends section 127 of the National Land Transport Transition Act, 2000 by deleting paragraph (p) from subsection (1).
24. Section 127 of the National Land Transport Transition Act, 2000, is hereby amended by the deletion in subsection (1) of paragraph (p). Short title - 25 Verify source ↗
This Act is called the Cross-Border Road Transport Amendment Act, 2008.
AI-assisted research summary: This section states the Act’s short title: the Cross-Border Road Transport Amendment Act, 2008.
25. This Act is called the Cross-Border Road Transport Amendment Act, 2008. 25 (cid:13)
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