ROAD TRANSPORTATION AMENDMENT ACT NO. 8 OF 1983 [ASSENTED TO 21 FEBRUARY, 1983][DATE OF COMMENCEMENT: 22 APRIL, 1983] (English text signed by the State President) ACT To amend the Road Transportation Act, 1977, so as to delete a certain expression and further define or replace certain expressions; to amend the provisions relating to the conveyance of persons and goods deemed not to be road transportation; to extend the general powers of the Minister of Transport Affairs; to amend the provisions relating to the appointment of members of local road transportation boards and to validate certain such appointments; to grant to the chairman of a local road transportation board a casting vote in certain circumstances; to extend the provisions relating to an appeal to the National Transport Commission; to prohibit the grant of a public or private permit in respect of a motor vehicle with regard to which such a permit has already been granted to some other person; to further regulate the replacement of a motor vehicle in respect of which a permit has been granted; to extend the provisions relating to the grant of temporary permits; to provide for the furnishing of a copy of a permit to an interested person; to further define the power of the National Transport Commission or a local road transportation board to withdraw, suspend or vary a permit; to extend the provisions relating to the compensation payable where a railway service is established; to empower the National Transport Commission or a local road transportation board in certain circumstances to require a person applying for a permit or submitting representations to pay a certain amount before the application or representations will be considered; to further regulate the surrender and production of permits, the registration of persons engaged in road transportation and the records to be kept by them; to create certain new offences and increase the penalties for certain offences; to further define the powers of the National Transport Commission or a local road transportation board in the case of a second or subsequent conviction of certain persons; to extend the powers of the State President; and to extend the provisions relating to the entering into of an agreement with the government of any country or territory; 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 “authorized officer”; paragraph (b) substitutes in subsection (1) paragraph (c) of the definition of “decentralized industry”; paragraph (c) deletes in subsection (1) the definition of “hired motor vehicle”; paragraph (d) substitutes in subsection (1) paragraph (c) of the definition of “road transportation”; paragraph (e) substitutes subsection (2) (l); paragraph (f) substitutes subsection (2) (lA); paragraph (g) inserts subsection (2) (lB); paragraph (h) substitutes subsection (2) (n); paragraph (i) inserts subsection (2) (nA); paragraph (j) amends the Afrikaans text; paragraph (k) substitutes subsection (2) (y); and paragraph (l) inserts subsection (2) (zA). 2. Amends section 2 of the Road Transportation Act, No. 74 of 1977, by inserting paragraph (gA). 3. (1) Amends section 4 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) deletes subsection (3); and paragraph (b) substitutes subsection (7A). (2) An appointment of a member of a local road transportation board under section 4 of the principal Act or under the corresponding provisions of an act repealed by that Act, at any time before the commencement of this Act, shall be deemed to have been made in accordance with the requirements which were contained in subsection (3) of the said section or in the said corresponding provisions at the time of the appointment of that member. 4. Amends section 6 of the Road Transportation Act, No. 74 of 1977, by substituting subsection (2). 5. Amends section 8 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes subsection (1); paragraph (b) inserts subsection (1A); and paragraph (c) substitutes in subsection (3) the words preceding paragraph (a). 6. Amends section 13 (2) of the Road Transportation Act, No. 74 of 1977, by inserting paragraphs (bC) and (bD). 7. Amends section 14 (1) (b) of the Road Transportation Act, No. 74 of 1977, by substituting subparagraph (iii). 8. Amends section 18 of the Road Transportation Act, No. 74 of 1977, by adding subsection (6). 9. Amends section 20 of the Road Transportation Act, No. 74 of 1977, by substituting subsection (5). 10. Amends section 21 (3) of the Road Transportation Act, No. 74 of 1977, by substituting paragraph (d). 11 and 12. Substitute respectively sections 22 and 23A of the Road Transportation Act, No. 74 of 1977. 13. Amends section 25 (1) of the Road Transportation Act, No. 74 of 1977, by substituting paragraph (c). 14. Inserts section 26A in the Road Transportation Act, No. 74 of 1977. 15. Amends section 30 (1) of the Road Transportation Act, No. 74 of 1977, as follows:—paragraph (a) inserts paragraph (cA); paragraph (b) substitutes paragraph (h); and paragraph (c) substitutes paragraph (j). 16. Amends section 31 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes subsection (1) (d); paragraph (b) inserts subsection (1) (e) and (f); and paragraph (c) substitutes subsection (2) (a). 17. Amends section 33 (1) of the Road Transportation Act, No. 74 of 1977, by adding the word “or” at the end of paragraph (g) and inserts paragraphs (h) and (i). 18. Substitutes section 35 of the Road Transportation Act, No. 74 of 1977. 19. Amends section 36 of the Road Transportation Act, No. 74 of 1977, as follows:— paragraph (a) substitutes in subsection (1) the words preceding the proviso; and paragraph (b) substitutes subsection (2). 20. Amends section 37 (1) of the Road Transportation Act, No. 74 of 1977, by substituting the words preceding paragraph (a). 21. Amends section 38 (1) of the Road Transportation Act, No. 74 of 1977, by adding paragraph (e). 22. Amends section 43 (1) of the Road Transportation Act, No. 74 of 1977, by adding paragraphs (c), (d) and (e). 23. Amends section 44 (1) of the Road Transportation Act, No. 74 of 1977, by substituting the words preceding paragraph (a). 24. Substitution of certain expressions and references.—(1) The principal Act is hereby amended by the substitution for the expression “Railways and Harbours Control and Management (Consolidation) Act, 1957 (Act No. 70 of 1957)”, the words “Railways Administration” and the words “Secretary for Transport”, wherever they occur, of the expression “South African Transport Services Act, 1981 (Act No. 65 of 1981)”, the words “South African Transport Services” and the words “Director-General: Transport”, respectively. (2) For the purposes of the principal Act any reference to the Railways Administration in any law, deed or other document shall from 1 October 1981 be construed as a reference to the South African Transport Services referred to in section 2 of the South African Transport Services Act, 1981. 25. Short title and commencement.—This Act shall be called the Road Transportation Amendment Act, 1983, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.