ROAD TRANSPORTATION AMENDMENT ACT NO. 91 OF 1980 [ASSENTED TO 1 JULY, 1980][DATE OF COMMENCEMENT: 31 OCTOBER, 1980] (Afrikaans text signed by the State President) ACT To amend the Road Transportation Act, 1977, so as to further define the expressions “decentralized industry” and “Minister”; to qualify certain of the circumstances under which the conveyance of persons or goods shall not be deemed to be motor transportation; to empower the National Transport Commission at any time to cause an inquiry to be instituted into the financial circumstances and operating practices of any holder of a certain kind of public road carrier permit; to make further provision with regard to the appointment by the Minister of Transport Affairs of an alternate to a member of a local road transportation board who has recused himself in any particular matter; to circumscribe more precisely the right of appeal to the said commission against certain acts, directions or decisions of local road transportation boards; to determine that the coming into effect of certain tariff increases shall not be suspended under certain circumstances; to further determine the manner in which application shall be made for or in respect of any public road carrier permit, and the manner in which and the time within which representations objecting to certain applications shall be submitted to the said commission or local road transportation board concerned; to permit holders of public road carrier permits for the conveyance of persons for reward on certain conditions to increase their tariffs for such conveyance in proportion to any increase in the price of petroleum fuel; to expressly empower the said commission and local road transportation boards to refuse to consider certain applications for or in respect of road carrier permits or representations objecting to certain of such applications, and in this respect to adjust the power to make regulations; to further regulate the publication of particulars of applications for or in respect of public road carrier permits; to empower the said commission and local road transportation boards to provide interested parties with copies of certain documents; to enable, and under certain circumstances to compel, the said commission and local road transportation boards in considering applications for or in respect of road carrier permits or in reconsidering any condition, requirement or authority contained in any road carrier permit, to give consideration to the promotion of economy in the use of petroleum fuel; to make other provision as to the burden of proof resting on applicants for certain public road carrier permits; to oblige any person carrying on any industry, trade or business to apply for a public road carrier permit authorizing his conveyance of his employees between their places of employment and their places of residence, and to enable such a person to apply for a private road carrier permit authorizing his conveyance of goods which he has undertaken to maintain, clean, renovate, repair or alter in the course of that industry, trade or business; to empower the said commission and a designated member thereof, and local road transportation boards and the chairmen thereof, to grant written permission for the temporary replacement, under certain circumstances, of a motor vehicle to which a public or private road carrier permit relates, and to compel the holder of the permit in question to keep that permit and that permission on the replacement motor vehicle and to produce them on demand to any authorized officer; to alter the circumstances under which local authorities are to be given an opportunity to submit representations in regard to certain proposed action by the said commission or the local road transportation board concerned in respect of certain public road carrier permits; to effect certain textual alterations; and to provide for matters connected therewith. 1. Amends section 1 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes in subsection (1) the definition of “decentralized industry”; paragraph (b) substitutes in subsection (1) the definition of “Minister”; paragraph (c) substitutes subsection (2) (h); paragraph (d) deletes subsection (2) (i); paragraph (e) inserts subsection (2) (kA); paragraph (f) substitutes subsection (2) (x); and paragraph (g) substitutes subsection (2) (y). 2. Amends section 3 (1) of the Road Transportation Act, No. 74 of 1977, by substituting paragraph (g). 3. Amends section 4 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes in subsection (3) the words preceding paragraph (a); paragraph (b) substitutes subsection (5); paragraph (c) substitutes subsection (7); paragraph (d) inserts subsection (7A); paragraph (e) adds paragraph (b) to subsection (8), the existing subsection becoming paragraph (a); and paragraph (f) substitutes subsection (10). 4. Amends section 8 of the Road Transportation Act, No. 74 of 1977, by substituting subsection (1). 5. Inserts section 8A in the Road Transportation Act, No. 74 of 1977. 6. Substitutes section 12 of the Road Transportation Act, No. 74 of 1977. 7. Inserts section 12A in the Road Transportation Act, No. 74 of 1977. 8. Amends section 13 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes in subsection (1) the words preceding paragraph (a); and paragraph (b) inserts subsection (2) (bA) and (2) (bB). 9. Amends section 14 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2); and paragraph (c) inserts subsection (2A). 10. Amends section 15 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes subsection (1) (c); paragraph (b) substitutes subsection (2) (a) (i); paragraph (c) inserts subsection (2) (a) (iA); paragraph (d) substitutes subsection (2) (a) (iv); and paragraph (e) deletes subsection (2) (a) (v). 11. Substitutes section 17 of the Road Transportation Act, No. 74 of 1977. 12. Amends section 18 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes in subsection (1) the words preceding paragraph (a); paragraph (b) substitutes subsection (2): paragraph (c) substitutes subsection (3) (b); paragraph (d) substitutes subsection (4); and paragraph (e) adds subsection (5). 13. Amends section 20 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (3). 14. Inserts section 23A in the Road Transportation Act, No. 74 of 1977. 15. Amends section 24 (1) of the Road Transportation Act, No. 74 of 1977, by substituting paragraph (a). 16. Amends section 25 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes subsection (1) (c); and paragraph (b) substitutes subsection (2) (c). 17. Amends section 30 (1) of the Road Transportation Act, No. 74 of 1977, by substituting paragraph (d). 18. Amends section 31 (1) of the Road Transportation Act, No. 74 of 1977, as follows:—paragraph (a) substitutes paragraph (b); and paragraph (b) substitutes paragraph (c) (ii). 19. Short title and commencement.—This Act shall be called the Road Transportation Amendment Act, 1980, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.