TRANSPORT DEREGULATION ACT NO. 80 OF 1988 [ASSENTED TO 27 JUNE, 1988][DATE OF COMMENCEMENT: 1 MARCH, 1991] (Unless otherwise indicated) (English text signed by the State President) ACT To repeal the Transport (Co-ordination) Act, 1948; and to provide for the continued existence of, and the continuation of certain functions by, the National Transport Commission; for the transfer of certain powers, functions and duties of the National Transport Commission to the South African Roads Board and for the vesting of certain property of that commission in that board; for the deregulation of road transportation; for the entering into agreements with the governments of certain countries or territories in connection with road transportation; and for matters connected therewith. 1. Definitions.—In this Act, unless the context otherwise indicates— “board” means a local road transportation board established in terms of section 4 of the Road Transportation Act, 1977 (Act No. 74 of 1977); “Commission” means the National Transport Commission referred to in section 3 of the Transport (Co-ordination) Act, 1948 (Act No. 44 of 1948); “country” means any country other than the Republic; “Minister” means the Minister of Transport Affairs; “road transportation” means road transportation as defined in section 1 (1) of the Road Transportation Act, 1977 (Act No. 74 of 1977); “South African Roads Board” means the South African Roads Board established by section 2 of the South African Roads Board Act, 1988; “territory” means a self-governing territory as defined in section 38 (1) of the National States Constitution Act, 1971 (Act No. 21 of 1971); “this Act” includes any regulation made thereunder. 2. Repeal of Act 44 of 1948, and savings.—(1) Subject to the provisions of subsections (2) to (8), inclusive, the Transport (Co-ordination) Act, 1948 (Act No. 44 of 1948), is hereby repealed. (2) Notwithstanding the provisions of subsection (1) the Commission shall continue to exist and shall remain a juristic person. (3) With effect from the date immediately following the date of the first ensuing expiration, after the date of commencement of this section, of the term of office of the members of the Commission as it was constituted immediately prior to the said date of commencement, the Commission shall consist of so many members as the Minister may from time to time determine by notice in the Gazette, and its members shall be appointed by the Minister. (4) Any appointment under subsection (3) shall be made by the Minister with due regard to the provisions of section 3 (4) of the Transport (Co-ordination) Act, 1948, as those provisions existed immediately prior to the commencement of subsection (1). (5) The members of the Commission who are appointed by the Minister in terms of subsection (3), shall be so appointed for a period not exceeding five years and shall, subject to the succeeding provisions of this section, hold office upon such conditions as the Minister may determine when making the appointments: Provided that any member of the Commission shall upon the expiration of his term of office be eligible for reappointment by the Minister: Provided further that individual members of the Commission may be so appointed by the Minister for different periods and upon different conditions. (6) The Director-General: Transport shall be the chairman of the Commission as it continues to exist by virtue of the provisions of subsection (2) and is constituted by the Minister from time to time in terms of subsection (3). (7) The provisions of sections 4, 5, 6 (1), (2), (5) and (6), 10 and 12 of the Transport (Co-ordination) Act, 1948, as those provisions existed immediately prior to the commencement of subsection (1), shall be applicable, mutatis mutandis, in relation to the Commission as it continues to exist by virtue of the provisions of subsection (2) and is constituted by the Minister from time to time in terms of subsection (3). (8) For the purposes of subsection (7) any reference— (i)in section 4 (1) (d) of the Transport (Co-ordination) Act, 1948, to the State President; and (ii)in sections 4 (4), 4 (5) and 10, respectively, of the last- mentioned Act to the Governor-General, shall be construed as a reference to the Minister. 3. Transfer of certain powers, functions and duties of National Transport Commission to South African Roads Board and continuation by that Commission of certain functions.—(1) With effect from the date of commencement of this section those powers, functions and duties which are conferred upon or entrusted to the Commission by or under the National Roads Act, 1971 (Act No. 54 of 1971), the National Road Safety Act, 1972 (Act No. 9 of 1972), and the Urban Transport Act, 1977 (Act No. 78 of 1977), shall be exercised and performed by the South African Roads Board and for the purposes of the said Acts the last-mentioned Board shall for all purposes be deemed to be the successor of the Commission. (2) All powers, functions and duties conferred upon or entrusted to the Commission by or under any law, and which have not been transferred to any other institution or body or are not exercised or performed by such other institution or body by or under this Act or any other law, shall continue to be exercised or performed by the Commission as it continues to exist by virtue of the provisions of section 2 (2) and is constituted by the Minister from time to time in terms of section 2 (3). (3) In addition to the powers, functions and duties referred to in subsection (2), the Commission, as it continues to exist by virtue of the provisions of section 2 (2) and is constituted by the Minister from time to time in terms of section 2 (3), shall exercise such powers and perform such functions and duties as the Minister may from time to time confer upon it or entrust thereto by notice in the Gazette. (4) For the purposes of the provisions of subsection (1) any reference to the Commission in any of the Acts referred to in that subsection, or in any document executed in connection with the application of those Acts, shall be construed as a reference to the South African Roads Board. (Date of commencement: 1 April, 1989.) 4. Vesting of certain property of National Transport Commission in South African Roads Board.—(1) The Minister may from time to time, after consultation with the Com- mission and the South African Roads Board, by notice in the Gazette declare that movable or immovable property which is specified by the Minister in such notice and of which the Commission has for the purposes of, or by virtue of the provisions of, the National Roads Act, 1971 (Act No. 54 of 1971), or the Urban Transport Act, 1977 (Act No. 78 of 1977), acquired ownership, shall with effect from a date determined by the Minister in the said notice vest in the South African Roads Board. (2) The transfer to the South African Roads Board, by virtue of the provisions of subsection (1), of immovable property held or possessed by the Commission under any one deed or title deed, may, on written application by the South African Roads Board to the officer in charge of the relevant deeds registry, be effected by that officer by means of an endorsement on that deed or title deed. (3) No transfer duty, stamp duty, office fee or other fee shall be payable by the South African Roads Board in connection with the effecting of a transfer referred to in subsection (2). (Date of commencement: 1 April, 1989.) 5. Deregulation of road transportation.—(1) Subject to the provisions of subsection (3), the provisions of the Road Transportation Act, 1977 (Act No. 74 of 1977), in so far as they are applicable in relation to the conveyance of— (a)goods; or (b)persons, shall cease to be in force with effect from a date determined by the Minister by notice in the Gazette. (2) The date determined in terms of subsection (1) in respect of the matter referred to in paragraph (a) of that subsection may differ from the date so determined in respect of the matter referred to in paragraph (b) of that subsection: Provided that the date so determined in respect of the matter referred to— (a)in subsection (1) (a), shall not be a date prior to the date of commencement of an act of Parliament, other than the Road Transportation Act, 1977, having as one of its objects the maintenance of satisfactory standards in the conveyance of goods by means of road transportation; or (b)in subsection (1) (b), shall not be a date prior to the date of commencement of such other act of Parliament having as one of its objects the maintenance of satisfactory standards in the conveyance of persons by means of road transportation. (3) The Minister may, subject to the provisions of subsection (4), by a notice issued in terms of subsection (1), declare that any provision specified in the notice, or all the provisions, of the Road Transportation Act, 1977, shall cease to be in force in relation to— (a)any class or classes of road transportation; (b)any person or goods or class or classes of persons or goods conveyed by means of road transportation; (c)road transportation within a particular area or within particular areas in the Republic; or (d)any kind or class of motor vehicle or kinds or classes of motor vehicles used in road transportation, specified in the notice. (4) The Minister may effect an abrogation in terms of subsection (3) of provisions of the Road Transportation Act, 1977, also on the basis of a combination of more than one of the elements referred to in paragraphs (a) to (d), inclusive, of that subsection. (5) When any provision of the Road Transportation Act, 1977, ceases, in terms of subsection (1), to be in force, any proceedings under or by virtue of such provision, involving the Commission or a board and which have at that stage not yet been concluded, shall cease with effect from the date upon which that provision so ceases to be in force, and those proceedings shall be deemed not to have been instituted. (6) In this section any word or expression which is not defined in section 1 but to which a meaning is assigned in the Road Transportation Act, 1977, shall bear the meaning so assigned thereto. (Date of commencement of s. 5: 1 July, 1992.) 6. Road transportation agreements with other governments.— (1) The State President may enter into an agreement with the government of a country or territory whereby arrangements are made with that government for the control and regulation of the transportation of persons or goods between the Republic and that country or territory. (2) An agreement referred to in subsection (1) and any amendment thereof shall be published by the State President by proclamation in the Gazette, shall come into force on the date of signature of the agreement or amendment or on the later date stipulated in the agreement or amendment and shall have the force of law, and the provisions thereof shall prevail in the case of conflict between such provisions and the provisions of this Act or any other law. (3) The State President may by proclamation in the Gazette— (a)add to this Act any Schedule setting out the text of any agreement entered into under subsection (1); (b)amend such Schedule so as to reflect any amendment of such an agreement; and (c)repeal such Schedule when the agreement in question has expired or is terminated. (4) The Minister shall lay a copy of every proclamation issued by the State President under subsection (2), upon the Table in Parliament within 14 days after publication of such proclamation in the Gazette if Parliament is then in session, or if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. 7. Regulations.—(1) The Minister may by notice in the Gazette make such regulations as he may deem necessary or expedient for carrying out and for giving effect to the provisions of any agreement entered into under section 6 or any amendment of such an agreement. (2) Any regulation made under subsection (1) may— (a)except in the case of a regulation contemplated in paragraph (b), be made with retrospective effect; (b)prescribe penalties for any contravention thereof or failure to comply therewith, but no such penalty shall exceed a fine of R10 000 or imprisonment for a period of five years, or both such fine and such imprisonment. 8. Short title and commencement.—(1) This Act shall be called the Transport Deregulation Act, 1988, and the provisions thereof shall come into operation on a date fixed by the State President by proclamation in the Gazette. (2) Different dates may in terms of subsection (1) be fixed in respect of different provisions of this Act. Schedule A [Schedule A added by Proclamation No. 100 of 1991.] MEMORANDUM OF UNDERSTANDING ON ROAD TRANSPORTATION IN THE COMMON CUSTOMS AREA PURSUANT TO THE CUSTOMS UNION AGREEMENT BETWEEN THE GOVERNMENTS OF BOTSWANA, LESOTHO, SOUTH AFRICA AND SWAZILAND With reference to the Customs Union Agreement, 1969, and in particular article 15 thereof, the Governments of the Republic of Botswana, the Kingdom of Lesotho, the Republic of South Africa and the Kingdom of Swaziland (hereinafter referred to as the “Contracting Parties”) being desirous of facilitating and maintaining effective road transportation arrangements, and in particular, equitable shares in road transportation between their countries: Have agreed as follows: article 1 Definitions In this Memorandum of Understanding, unless inconsistent with the context— (a)“carrier” means, respectively, any inhabitant of Botswana, Lesotho, South Africa or Swaziland or any legal person registered in Botswana, Lesotho, South Africa or Swaziland to engage in the conveyance of passengers or carriage of goods by road for hire or reward or in the course of his industry, trade or business by means of vehicles registered in Botswana, Lesotho, South Africa or Swaziland as the case may be; (b)“competent authority” means— (i)for Botswana, the Director of Transport, Gaberone; (ii)for Lesotho, the Road Transport Board, Maseru; (iii)for South Africa, the National Transport Commission, Pretoria; (iv)for Swaziland, the Road Transportation Board, Mbabane; or (v)any other body designated for that purpose by the respective Contracting Party; (c)“international circular tour” means— (i)any occasional conveyance of a group of passengers by road for reward or by means of a hired vehicle, from a place of departure in the territory of one Contracting Party, into the territory of another Contracting Party and back to such place of departure by means of the same vehicle without any member of such group of passengers being picked up or set down, except in cases of emergency during the journey through the territory of such other Contracting Party; or (ii)the conveyance of a group of passengers by road for reward or by means of a hired vehicle, from a place of departure in the territory of one Contracting Party to one or more holiday resorts or places of tourist interest in the territory of another Contracting Party where they will stay, and the return conveyance of the same group by the same vehicle after the completion of their stay; (d)“international transit tour” means any occasional conveyance of a group of passengers by road for reward or by means of a hired vehicle: (i)from the territory of one Contracting Party through the territory of another Contracting Party en route to a third country; or (ii)from a third country through the territory of one Contracting Party to the territory of another Contracting Party; or (iii)between the territories of the Contracting Parties; by means of the same vehicle without any member of such group being picked up or set down, except in cases of emergency, during the journey through the territory of the Contracting Party whose territory is so traversed; (e)“occasional international passenger service” means the ad hoc conveyance of passengers by road by means of a hired vehicle from a point in the territory of one Contracting Party to a point in the territory of another Contracting Party, or between the territories of the Contracting Parties through the territory of a third Contracting Party; (f)“scheduled international passenger service” means the regular conveyance of passengers by road for reward or by means of a hired vehicle by a prescribed route in accordance with pre- determined timetables and tariffs, as approved by the relevant competent authority of the Contracting Party in whose territory the conveyance is undertaken, from a point in the territory of one Contracting Party to a point in the territory of another Contracting Party, and back from a point in the territory of the latter Contracting Party to a point in the territory of the former Contracting Party; (g)“Transport Liaison Committee” means the Tansport Liaison Committee of the Southern African Customs Union Commission; (h)“vehicle” means— (i)in relation to passengers, any mechanically propelled road vehicle which: (aa)constructed or adapted for, and used on the roads for the conveyance of passengers; (bb)has at least nine seats in addition to that of the driver; and (cc)is registered in the territory of one Contracting Party and owned and operated by or on behalf of any carrier authorised in that territory to convey passengers and is temporarily imported into the territory of another Contracting Party for the purpose of the international conveyance of passengers to, from or in transit through that territory; and (ii)in relation to goods, any mechanically propelled road vehicle or trailer or semi-trailer which is: (aa)constructed or adapted for, and used on the roads for the carriage of goods; and (bb)registered in the territory of one Contracting Party and is temporarily imported into the territory of another Contracting Party for the purpose of the international carriage of goods for delivery at or collection from any point in or in transit through the latter territory. article ii Objectives 1.The objectives of the Contracting Parties are— (a)to regulate the carriage of goods and the conveyance of passengers by road for reward, or in the course of a carrier’s own industry or trade, between or across the territories of the Contracting Parties, in such a manner as to ultimately achieve an equal distribution of traffic among the carriers of the Contracting Parties; (b)to achieve an equal distribution of permits by January 1992; and (c)to achieve and maintain an equitable non-discriminatory infrastructure cost recovery system which shall not inhibit the operation of this Memorandum of Understanding. 2.The competent authorities shall monitor the progress towards achieving these objectives. 3.At regular intervals to be specified by the Transport Liaison Committee, or at the request of the competent authority of any Contracting Party the competent authorities of the other Contracting Parties shall provide all relevant information available concerning the manner in which traffic covered by this Memorandum of Understanding has developed. 4.At regular intervals, or at the request of any representatives of a Contracting Party, the Transport Liaison Committee shall meet at a mutually convenient time and venue to review the operation of this Memorandum of Understanding. article iii Permits 1.A permit shall be required for the carriage of goods or the conveyance of passengers under this Memorandum of Understanding except as otherwise provided for at Article VIII. 2.The Transport Liaison Committee shall agree on the quota for journeys and or permits, under this Memorandum of Understanding, for carriers in their respective territories as set out at Annexure A. 3.(a)If, during a period for which a quota has been agreed under subarticle 2, the competent authority of one Contracting Party foresees that there would be a shortage of any type of permit for its carriers that competent authority may apply to the competent authority in question with a request for the transfer of the authority to issue the relevant permits for the quota without any erosion of the quota of the transferring party; (b)the Contracting Parties agree that they will accede to such requests if possible; and (c)any dispute arising under this subarticle shall be resolved by the Transport Liaison Committee. 4.The following permits may be issued: (a)single journey permits valid for one journey outward and return within a period of six months; and (b)multiple journey permits valid for a specified number of journeys, outward and return, within a period of 12 months: Provided that all permits shall expire on a date to be determined by the Transport Liaison Committee. 5. The Transport Liaison Committee may decide that the types of journeys described in subarticle 1 (a) and subarticle 1 (b) of Article IV shall require different types of permits. 6.Permits issued under this Memorandum of Understanding shall be as set out at Annexure B. 7.A permit shall be issued by the applicant’s competent authority if that competent authority is satisfied that the applicant has the means and ability to provide the carriage or conveyance for which the permit is sought. 8.Each competent authority shall collect a fee payable in respect of the issuing of a permit to recover— (a)its administrative costs; and (b)infrastructure costs and thereafter within a period and in a manner agreed between the Contracting Parties over which the conveyance or carriage authorised by the permit is undertaken, reimburse the other Contracting Parties for infrastructure costs incurred by them: Provided that the recovery of infrastructure costs by means of permit fees shall only be compulsory from a date to be determined by the Transport Liaison Committee. 9.A permit shall be valid for the use of one vehicle, or a combination of vehicles, articulated vehicle or road train at any one time. 10.A permit shall be used only by the authorised carrier to whom it is issued and shall not be transferable. 11.Each competent authority shall keep a register of permits issued under this Memorandum of Understanding containing the information set out at Annexure C. article iv Goods Transport 1.A carrier of one Contracting Party may import either an empty or a laden vehicle temporarily into the territory of another Contracting Party for the purpose of carrying goods including return loads— (a)between any point in the territory of one Contracting Party and any point in the territory of another Contracting Party; and (b)in transit across the territory of a Contracting Party. 2.Except as provided in Article VIII, the competent authority of each Contracting Party shall issue permits to carriers authorised in its territory to engage in the carriage of goods referred to in subarticle 1. 3.A carrier of one Contracting Party shall not carry goods between two points in the territory of another Contracting Party. 4.A carrier of one Contracting Party shall not carry goods between the territory of another Contracting Party and a third country unless the vehicle transits the country in which it is registered. 5.A consignment note as set out at Annexure D is required for the carriage of goods under this Memorandum of Understanding. 6.A permit under this Memorandum of Understanding shall not entitle a carrier to carry arms and ammunition, military equipment and explosives unless a special permit is obtained from the appropriate authority. article v Passenger Transport 1.A carrier shall apply for a permit for a scheduled international passenger service to its competent authority and such application shall contain all particulars as may be determined by the competent authority. 2.The competent authority issuing a permit for a scheduled international passengers service shall formulate the conditions of issue of the permit, namely its validity period, the routes, the service frequencies, stopping points, time-tables, tariffs and other details necessary for the smooth and efficient operation of scheduled international passenger services, in consultation with the other competent authorities. 3. In the case of approval of an application for a permit in terms of subarticle (5), the competent authority shall, for record purposes, forward information pertaining to the permit to the competent authority of the other Contracting Party. 4.A passenger list as set out at Annexure E shall be required for the conveyance of passengers on international circular tours and international transit tours. 5.International circular tours, international transit tours and occasional international passenger services shall not be subject to a quota, although a permit shall be required for their operation. 6.Permits for international circular tours, international transit tours and occasional international passenger services shall be issued by the competent authority of the Contracting Party in which the passengers originate, and shall be valid in the territories of all the Contracting Parties, for a period to be determined by the issuing competent authority. article vi Other provisions 1.The provisions of this Memorandum of Understanding shall not derogate from the application of the provisions of national laws and regulations imposing any restrictions and controls on grounds of public health, road traffic, veterinary or phytopathological reasons or the levying of dues chargeable by virtue of such laws and regulations of the Contracting Party. 2.In the case of contravention of this Memorandum of Understanding by a carrier the competent authority of the Contracting Party where the permit was issued shall, if requested by the competent authority of the Contracting Party in whose territory the contravention took place, take one of the following steps, depending on the gravity or the frequency of the contravention: (a)Issue a written warning with an intimation that the permit may be suspended or revoked, or that the carrier may be barred from obtaining additional permits; or (b)suspend or revoke the permit issued according to this Memorandum of Understanding; or (c)bar the carrier from obtaining additional permits, either for a stated period or permanently. 3.The competent authority of the Contracting Party in whose territory the contravention took place shall be informed of the measures taken in terms of subarticle 2. 4.All vehicles used in international transport pursuant to this Memorandum of Understanding shall be suitable and roadworthy for the transport operations for which they are licensed. 5.Registration and licensing of vehicles in the territory of one Contracting Party shall be valid for operations in the territories of the other Contracting Parties without any other requirement or formalities. 6.The original permit, consignment note or passenger list referred to in Articles III, IV and V shall be kept in the vehicle on every journey in the territory of a Contracting Party and shall be produced for inspection when required by any officer designated by the competent authority. 7.Weighing certificates from checking points in the territory of one Contracting Party shall be valid in the territories of the other Contracting Parties. This shall not, however, prevent the weighing and checking of the load by the competent inspection authorities at any time. 8.Certificates of road-worthiness or fitness issued in the territory of one Contracting Party shall be valid in the territories of the other Contracting Parties. This shall not, however, prevent the checking of a vehicle’s road-worthiness or fitness by the competent inspection authorities at any time. 9.The Contracting Parties shall endeavour to harmonize vehicle standards as set out at Annexure F. article vii Implementation 1.The Transport Liaison Committee shall ensure the satisfactory implementation of this Memorandum of Understanding and its adaptation to development in traffic. 2.Any dispute arising from this Memorandum of Understanding shall be settled in a manner contemplated by Article 20 of the Customs Union Agreement. article viii Exemptions No permit shall be required for— (a)goods carriage in a vehicle the permitted maximum gross weight of which does not exceed 3,5 tonnes; (b)household removals in specialised vehicles; (c)removal of household items by the householder or by an agent of the householder without charging any fee; (d)funeral transport, conveyance of wedding parties, cultural groups, religious worshippers, and sport groups; (e)the carriage of equipment, accessories and animals to or from theatrical or cinematographic events, circuses, and fairs, and of radio-recording, cinematographic or television equipment; (f)the carriage of curios and works of art for exhibition; (g)the carriage of mail; (h)movement of unladen vehicles; (i)movement of breakdown vehicles, or vehicles intended to replace a vehicle that has broken down, or of vehicles carrying requisites for the repair of another vehicle; and (j)carriage of goods, not specified above as may be agreed by the competent authorities. article ix Final provisions 1.Each Contracting Party shall, as soon as possible, notify the other in writing through diplomatic channels that it has complied with the formalities for the entry into force of this Memorandum of Understanding, which shall take effect 30 days from the date of the last notification. However, two Contracting Parties may, by Exchange of Notes decide that as between them the Memorandum of Understanding shall take effect 30 days after the second of their notifications. 2.This Memorandum of Understanding may be amended by agreement between the Contracting Parties. 3.The Annexures to this Memorandum of Understanding may be amended by the Transport Liaison Committee. 4.If a Contracting Party wishes to withdraw from this Memorandum of Understanding that Contracting Party shall give notice thereof to all other Contracting Parties. If after consultation the Contracting Parties fail to agree on the date and conditions of withdrawal, this Memorandum of Understanding shall remain in force until six months from the date of such notice and shall then cease to apply to the withdrawing Contracting Party. 5.The law of each Contracting Party shall within its territory apply in respect of all matters not regulated by this Memorandum of Understanding. ANNEXURE A method for calculating and phasing–in of quotas 1.The Quota for scheduled international passenger services shall be determined on the number of passenger vehicle trips for a period of twelve months. 2.The quotas for goods transport shall be calculated based on the number of journeys (outward and return) for a period of twelve months calculated as follows: (a)The total amount of goods measured in tons would be determined from the results of annual surveys; and (b)an average vehicle size or average payload in tons would be calculated from the results of annual surveys which would be used to determine the total number of journeys. 3. The total number of journeys or passenger vehicle trips between two Contracting Parties and the share of each of the two Parties shall be determined in accordance with paragraphs 1 and 2, for example— (a)if the total number of journeys between South Africa and Lesotho (or Swaziland or Botswana) is 30 000 journeys per calendar year, and South Africa’s share is 22 500 journeys and Lesotho’s share is 7 500 journeys; (b)Lesotho’s journeys are then calculated as a percentage of South Africa’s journeys. Thus Lesotho’s journeys are 33,33% of those of South Africa’s; (c)the difference between Lesotho’s share and 100% is divided by the phasing in period, for example, assume a two year period for phasing in, then 66,67% divided by 2 years means 33,33% per year; (d)the growth rate of the South African quota shall be restricted by a specified percentage to be determined by the Transport Liaison Committee annually for the phasing in period, for example, assume the total market between Lesotho and South Africa will grow the first year by 15% p.a. and assume that the growth in the South African quota will be restricted to 5%, then the South African quota will be 22 500 journeys plus 5% for the first year, which is 24 000 journeys. At present Lesotho has 33,33% of South Africa’s journeys. Increase its share by the calculated 33,33% per year, which means that Lesotho’s quota would be 66,66% of the South African quota during the first year, namely 15,998 of which South Africa will have 60% and Lesotho 40%. 4.The same procedure would be followed every year thereafter. The results would be as follows: Year RSA quota Lesotho’s percentage quota Lesotho’s of RSA Ratio quota Current 22 500 33,33% 7500 75:25 1 24 000 66,66% 15 998 60:40 2 25 200 100% 25 200 50:50 5.After the phasing in period the growth in the quota will be shared by the Contracting Parties on a 50:50 basis. ANNEXURE B southern african customs union road transport permit Departement van Vervoer Doeane-Unie Permit Uitgereik kragtens en onderworpe aan die bepalings van Memorandum van Verstandhouding oor Padvervoer, 1990.Hierdie permit stel die ondergenoemde houer in staat om die gespesifiseerde voertuig, tydelik en onderworpe aan die voorwaardes van hierdie permit, na die gebied van die land hierin genoem, in te voer, vir die doel van goedere of passasiersvervoer vir beloning, of in die gang van sy bedryf, handel of besigheid. Department of Transport Customs Union Permit Issued in terms of and subject to the provisions of Memorandum of Understanding on Road Transportation, 1990.This permit entitles the holder mentioned below to temporarily import the vehicle specified herein, subject to the terms and conditions of this permit, into the country specified herein for the purpose of carrying goods or passengers for hire or reward or in the course of his industry, trade or business. KARWEIERBESONDERHEDE CARRIER PARTICULARS Handelsnaam Trade Name Naam Name ID-Nommer ID Number Adres Address VOERTUIGBESONDERHEDE VEHICLE PARTICULARS Registrasienommer Registration number Onderstelnommer Chassis number Fabrikaat Make Tipe voertuig Type of vehicle PERMITBESONDERHEDE PERMIT PARTICULARS Tipe vervoer Type of transport Aantal reise No. of journeys Land van oorsprong Country of origin Transito land Transit country Bestemming Destination Permituitreikingsdatum Permit date of issue Permitvervaldatum Permit expiry date Hierdie permit verleen magtiging en is beperk tot die vervoer volgens die volgende voorwaardes: This permit authorises and is restricted to the conveyance as set out in the following conditions: Permitreeksnommer/uitreikingsnommer Permit serial number/issue number Datum/Date namens bevoegde owerheid/on behalf of competent authority GRENSPOSBEHEER BORDER POST CONTROL Reisno.Jour-ney No. Heen Outward Terug Return Reisno.Jour-ney No. Heen Outward Terug Return 1 11 2 12 3 13 4 14 5 15 6 16 7 17 8 18 9 19 10 20 This permit shall be used only by the authorised carrier to whom it is issued and shall not be transferable. ’n Permit mag slegs deur die gemagtigde karweier benut word en die permit is nie oordraagbaar nie. The original permit shall be carried on the vehicle and, on demand, shall be shown to the appropriate authority, .Die oorspronklike permit moet in die voertuig gehou en op aanvraag aan die toepaslike owerhede getoon word. .A PERMIT FORM MUST BE RETURNED TO THE COMPETENT AUTHORITY WHO ISSUED SUCH PERMIT WITHIN 21 DAYS AFTER THE EXPIRY OR USAGE THEREOF. ’N PERMITVORM MOET BINNE 21 DAE NADAT DIE PERMIT VERVAL HET OF GEBRUIK IS, AAN DIE BEVOEGDE OWERHEID WAT DIE PERMIT UITGEREIK HET, TERUGGESTUUR WORD. ISSUED SUBJECT TO THE STANDARD CUSTOMS UNION PERMIT CONDITIONS UITGEREIK ONDERWORPE AAN DIE STANDAARD DOEANE UNIE PERMITVOORWAARDES DEPARTMENT OF TRANSPORT STANDARD CUSTOMS UNION PERMIT CONDITIONS The Customs Union Permit is issued in terms of the Memorandum of Understanding on Road Transportation in the Common Customs Area pursuant to the Customs Union Agreement between the governments of Botswana, Lesotho, South Africa and Swaziland. The following standard conditions apply to a permit: 1.A permit shall be valid for the use of one self-propelled vehicle at any one time. 2.A permit shall be used only by the authorised carrier to whom it is issued and shall not be transferable. 3.The original permit shall be carried on the vehicle and, on demand, shall be shown to the appropriate authority. 4.A carrier of one Contracting Party shall not carry goods between two points in the territory of another Contracting Party. 5.A carrier of one Contracting Party shall not carry goods between the territory of another Contracting Party and a third country unless the vehicle transits the country in which it is registered. 6.A permit shall not entitle a carrier to carry arms and ammunition, military equipment and explosives unless a special permit is obtained from the appropriate authority. 7.Transport operations undertaken in terms of the authority of this permit shall be subject to the application of restrictions and controls imposed under national laws and regulations on grounds of public health, road traffic or of veterinary or phytopathological reasons or the levying of such laws and regulations of a Contracting Party. 8.All vehicles used in terms of this permit shall be suitable and roadworthy for the transport operations for which they are licensed. 9.A weighing certificate from checking points in the territory of one Contracting Party shall be valid in the territories of the other Contracting Parties. This shall not, however, prevent the weighing and checking of the load by the competent inspection authorities at any time. 10.A certificate of roadworthiness or fitness issued in the territory of one Contracting Party shall be valid in the territories of the other Contracting Parties. This shall not, however, prevent the checking of a vehicle’s roadworthiness or fitness by the competent inspection authorities at any time. 11.A PERMIT FORM MUST BE RETURNED TO THE COMPETENT AUTHORITY WHO ISSUED SUCH PERMIT WITHIN 21 DAYS AFTER THE EXPIRY OR USAGE THEREOF. DEPARTEMENT VAN VERVOER DOEANE-UNIE PERMIT BYLAE 1 DEPARTMENT OF TRANSPORT CUSTOMS UNION PERMIT ANNEXURE 1 GESKEDULEERDE INTERNASIONALE PASSASIERSDIENS SCHEDULED INTERNATIONAL PASSENGER SERVICE Roete beskrywing (* dui stilhou-punte aan) Route description(* indicate stopping points) Diensfrekwensie elke each Service frequency Tydrooster Vertrekdatums Departure dates Terugkeer datums Return dates Time-table Tarief per passasier per kilometer of of Tariff per passenger per kilometer Permitreeksnommer/uitreikingsnommer Permit serial number/issue number Datum/Date namens bevoegde owerheid/on behalf of competent authority ANNEXURE C Registers to be kept Information to be included in register: Permit-type. Permit serial number. Date of issue. Name of carrier to whom issued. Vehicle details— registration number; make; gross permitted weight or maximum number of passengers. Weight of cargo. Quarterly summaries of permits of each type used. AANHANGSEL D ANNEXURE D SUIDER-AFRIKAANSE DOEANE-UNIEVRAGBRIEF THE SOUTHERN AFRICAN CUSTOMS UNION CONSIGNMENT NOTE DEPARTEMENT VAN VERVOER DEPARTMENT OF TRANSPORT 000011 SUIDER-AFRIKAANSE DOEANE-UNIE VRAGBRIEF SOUTHERN AFRICAN CUSTOMS UNION CONSIGNMENT NOTE VOLTOOI IN DRUKSKRIF COMPLETE IN PRINT Naam van permithouer . Name of permit holder Permitnommer . Permit number Reisnommer i.t.v. permit Journey number i.t.o. permit HEEN OUTWARD TERUG RETURN Voertuigregistrasienommer . Vehicle registration number Roete-beskrywing Dorp/Stad-naam Town/City name Loonvrag (Ton)Payload (Tons) Route description: —Voorsien sleuteldorp- of stadname Van/From — Supply key town/city names Via Na Terug/Return via Na/To Uitgereik deur/issued by: Grensposdatumstempel Border post date stamp Naam/Name Handtekening/Signature Datum/Date AANHANGSEL E ANNEXURE E SUIDER-AFRIKAANSE DOEANE-UNIE PASSASIERSLYS THE SOUTHERN AFRICAN CUSTOMS UNION PASSENGER LIST DEPARTEMENT VAN VERVOER DEPARTMENT OF TRANSPORT SUIDER-AFRIKAANSE DOEANE-UNIE PASSASIERSLYS SOUTHERN AFRICAN CUSTOMS UNION PASSENGER LIST VOLTOOI IN DRUKSKRIF COMPLETE IN PRINT Naam van permithouer . Name of permit holder Permitnommer . Permit number Reisnommer i.t.v. permit . Journey number i.t.o. permit Voertuigregistrasienommer . Vehicle registration number Aantal passasiers . Number of passengers Besonderhede van passasiers Particulars of passengers Naam Name Nasionaliteit Nationality Paspoortnommer Passport Number 1 . . 2 . . 3 . . 4 . . 5 . . . 6 . . 7 . . 8 . . 9 . . 10 . . 11 . . 12 . . 13 . . 14 . . 15 . . 16 . . 17 . . 18 . . 19 . . 20 . . Bladsy........van .......bladsy(e) Page ......... of .......... page(s) Oorsprong van reis Origin of journey Bestemming van reis Destination of journey Uitgereik deur/Issued by: Grensposdatum stempel Border post date stamp Naam/Name Handtekening/Signature Datum/Date ANNEXURE F HARMONISED VEHICLE STANDARDS Vehicle standards to be harmonised by Contracting Parties: Vehicle dimensions, Permissible axle mass loading, Gross weight.