DR J S MOROKA LOCAL MUNICIPALITY1

DRAFT MANAGEMENT, MAINTENANCE AND CONTROL OF TAXI RANK FACILITIES BY –

LAWS

PART 1: DEFINITIONS

1. Definitions

For the purpose of these by-laws any word which has a meaning assigned to it in the Act and the road Traffic Regulations framed there under, shall have the same meaning in these by-laws and unless the context otherwise

Indicates-

“Identification sticker” (ID Sticker) means a colour coded sticker issued by the Council in terms of these By-Laws;

“Stand licence” means a permit contemplated in section as mentioned of the Act and issued by the Council in terms of these by-laws;

“Chief Traffic Officer” means the head of the council’s Traffic Department, any person authorised by the Council to act on his behalf, any person acting in his stead and any person designated by the Council to enforce these by-laws;

“Council” means the council of Dr JS Moroka Local Municipality

“Fees” means the amount determined by the Council by special resolution from time to time;

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“Rank inspector” means a person who regulates passenger and vehicle related procedures at taxi facilities in accordance with Section;

“Official” means an employee of the Council authorised to enforce the provisions of these by-laws, and also a member of the South African Police Services;

“Owner”, in relation to a vehicle, means-

(a)the person who has the right to use and enjoyment of a vehicle in terms of the common law or a contractual agreement with the title holder of such vehicle; or

(b)any person referred to in paragraph (a) for any period during which such a person has failed to return that vehicle to the title holder in accordance with the contractual agreement referred to in paragraph (a), and who is registered as such in accordance with section 4 of the National Road Traffic Act 1996, as amended and “owned” or any like word has a corresponding meaning.

“Transport Forum”, means the forum established by Council, i.e. the Dr JS Moroka Local Municipality Transport Forum .

“Public road” means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes-

(a)the verge of any such road, street or thoroughfare-;(b)any other work or object forming part of a connected with or

belonging to such road, street or thoroughfare; and(c) a taxi facility

“Taxi” means only certain types of vehicles as contemplated in the National Transport Transitional Act, 22/2000 (NLTTA 22/2000), with the exclusion of vehicles carrying more than 35 people, which is but includes-

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(i) any other class of motor vehicle which the Council may prescribe as being a “taxi”;

“Taxi Facility” means a rank, stop, terminal, parking place and any other facility specifically identified by the Council for use by a taxi;

“Taxi route” means a route determined by the Local Transportation Board from time to time.

“The Act” means the National Road Traffic Act, 1996 (Act No. 93 of 1996); as amended.

“Municipal area” means the area of jurisdiction of Dr JS Moroka Local Municipality.

PART 2: LICENSING OF TAXIS

2. Licensing

1. No person shall use or cause or permit to be used, a taxi facility within the municipal area, unless a stand license or an identification sticker has been issued which allows such a vehicle to use the taxi facilities indicated thereon regardless whether such a person has obtained a similar license from any other local authority: Provided that no licence shall be required in respect of any taxi which travels through the municipal area.

2. The owner of a taxi shall apply to the council for a stand license in the form prescribed by the Council from time to time.

3. The application for the grant of a stand license shall be accompanied by

(a)the prescribed fees;

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(b)a valid certificate of fitness in terms of the National Road Traffic Act, 1996 in respect of the vehicle concerned;

(c) proof of registration and licensing of the vehicle in terms of section 4 of the National Road Traffic Act, 1996; and

(d)a valid public road carrier permit issued under the National Land Transport Transition Act, Act No. 4 of 2000, in respect of the road transportation proposed to be undertaken in terms of the license, or a copy of such certificate, proof and permit certified as a true copy by a Commissioner of Oaths;

(e)verification from an association registered concern under which the vehicle is operating.

4. The Council shall, if a Stand License is granted issue such a stand License and identification sticker on the conditions determined by the Council and in the form prescribed by the Council from time to time.

5. (a) The Council may determine the fees for the issue of a stand license and identification sticker by special resolution from time to time and may determine different fees for different facilities.

(b) The Council shall prescribe the form of –

(i) the application for a stand license;(ii) a stand license; and(iii) an identification sticker.

6. Subject to section 80 A (1) (b) of the National Road Traffic Act, 1996, and the provisions of these by-laws, a stand license may be refused on the grounds that there is insufficient ranking space in the municipal area or continuous offences committed by the driver or owner of the taxi concerned relating to the Act or these by-laws.

7. No stand license or identification sticker shall be issued unless the provisions of this section have been complied with.

3. Period of validity of stand license and identification sticker.

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(1)A stand license or identification sticker issued in terms of these by-laws shall be valid for a period of 12 months from 1 January to 31 December.

(2)Not later than 14 days before expiry of a stand license, the owner shall apply to the Council for a further stand license or identification sticker, in the form referred to in section 2(2) and the provisions of sections 2(3), (4) (5) and (6) shall apply mutatis mutandis.

(3)If a stand license or identification sticker is obtained for the first time after 1 July of each year, a pro rata amount in respect of the vehicle being 50% of the prescribed amount will be payable.

4. Temporary substitution of vehicle

(1)Subject to subsection (2), a stand license issued in terms of these by-laws shall not authorise the holder thereof to use any other motor vehicle than the taxi under the license as a taxi.

(2)The holder of a stand license in terms of these by-laws may substitute the motor vehicle in respect of which such stand license has been issued with another motor vehicle for a fixed period not exceeding 21 days after such substitution, where the motor vehicle has become defective or, due to an accident has been temporarily withdrawn from service. Provided that the holder of the stand license shall apply for temporary approval of the motor vehicle to the Chief Traffic Officer and the Chief traffic Officer shall issue such approval in writing.

(3)The holder of a stand license which substitutes the motor vehicle to which the stand license related, shall carry the stand license and approval referred to in subsection (2) in the substitute vehicle at all times when a taxi facility is used by such vehicle.

(4)Paragraphs 2 and 3 apply to the holder of an identification sticker,

5. Transfer of license

No stand license or identification sticker granted in terms of these by-laws shall be transferable from the licensee to another person.

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6. Maintenance and displaying of stand license and identification

(1)Every stand license issued by the Council shall contain the particulars of the taxi facilities as prescribed by the Council

(2)One stand license only shall be issued to the applicant to denote the facility or facilities, as the case may be, that may be utilized by the holder of the stand license

(3)Immediately on obtaining a stand license in terms of subsection (1), the licensee shall affix the stand license issued to him/her in a conspicuous place on the left hand inside of the windscreen, in an upright position with the inscribed side facing the front with the particulars on such stand license clearly legible and visible, and shall keep the stand license so affixed.

(4)No person shall, during the period of validity of a stand license in respect of any taxi, use or cause or allow such taxi to be used if any stand license affixed thereto has been defaced, concealed or removed.

(5)Paragraphs (2) (3) and (4) apply to the holder of an identification sticker.

7. Duplicate

If the holder of a stand license satisfies the Council by affidavit that the stand license has been lost or destroyed, or produces a stand license that has been so damaged that the letters and figures thereon are no longer clearly legible, the council shall, upon application by such holder on a form with a duplicate stand license clearly endorsed “DUPLICATE”. This also applies to the holder of an identification sticker.

8. Payment of license fees

(1)The payment of any fees determined by the council in terms of these by-laws shall not absolve any person of criminal liability arising from his failure to take out a license nor shall the fact that a

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person has been convicted of an offence under these by-laws absolve him from the liability to pay any fees in terms of these by-laws.

(2) An amount of R 144. 00 (R12.00 per month) per year is payable to the council for a stand license. (Exact tariff to be determined by Council)

(3)An amount of R60.00 per annum is payable to the council for an identification sticker. (Exact tariff to be determined by Council)

9. Dishonoured cheques

Where an applicant for a stand license pays the prescribed fee by cheque and the cheque is dishonoured on presentation, such a stand license shall be void as from the date on which it was issued, and the applicant shall, on demand by the Chief Traffic Officer, forth with deliver such to the Chief Traffic Officer.

10. Stand license or identification sticker issued in the name of a partnership

(1) When a stand license is issued to a partnership and a member of the partnership, for any reason, ceases to be partner during the year of which the stand license is granted to the partnership, the remaining partner or partners may carry on the business or undertaking for the unexpired period of the stand license.

(2) If a change in the composition of a partnership is occasioned by the admission of a new partner, the current stand license granted to such partnership shall lapse and the partnership shall apply for a new stand license.

(3) Paragraphs (1) and (2) applies also to identification stickers.

PART 3: DR JS MOROKA LOCAL MUNICIPALITY TRANSPORT FORUM ( DRJSMLMTF)

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11. Transport Forum

(1) Within thirty days from which these by-laws come into operation the Council shall establish a Forum consisting of employees nominated by the council and the representatives of each of the taxi associations whose members are authorised to operate in the area of jurisdiction of the council.

(2) The council shall co-opt representatives of the South African Police Services, local organised commerce and industry, the local road transportation board, taxi users, or any other organisation who may, in the opinion of the council, assist the DrJSMLMTF Forum, to be represented thereon.

(3) The Dr JS Moroka Local Municipality Transport Forum shall report regularly to the council on all functions and duties charged to the Forum under these by-laws.

(4) The DRJSMLMTF shall consider and make recommendations regarding-

(a)all permits to be issued by the local transportation board;(b)all applications for allocation of taxi facility and stand licenses;(c) the routes which shall be used by taxis;(d)the establishment of additional taxi facilities;(e)the conclusion of agreements between the Council and the taxi

associations regarding the regulation, maintenance and general management of taxi rank facilities;

(f) traffic offences, accidents and licensing of taxis as well as taxi violence;

(g)the implementation of any steps necessary to ensure the proper exercise of its functions and duties under this section; and

(h)any other matter assigned to it by the Council or any other function under these by-laws.

PART 4: TAXI FACILITIES

12. Designation of taxi facility

(1)The Council may, in consultation with the DRJSMLMTF, designate any facility or area on a public road as a taxi facility for the purpose of these by-laws, in accordance with the procedure prescribed under section 65 bis of the Local Government Ordinance, 1939 (ordinance no. 1939)

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(2)The Council shall keep a list of all designated taxi facilities prominently displayed at the offices of the Chief Traffic Officer at all times.

(3)The Council may, in consultation with the DRJSMLMTF, set aside any taxi facility for the exclusive use of taxi operators who operate on a certain route or in a certain area or between certain points, or for the exclusive use of members of a particular taxi association.

13. Restriction on the loading and off-loading of passengers

(1)No driver of a taxi shall stop on a public road and allow any passenger to ascend or alight from such taxi, except at a taxi facility designated by the Council in accordance with section 12

(2)No person shall attempt to ascend or alight from a taxi, except at a facility so designated by the Council

(3)No private person shall allow a taxi operator to utilize his or her property as a taxi facility unless such property has been designated and allocated by the Council in consultation with the DRJSMLMTF as a taxi facility.

14. Taxi stops

No driver of a taxi shall park at any taxi stop but may stop long enough for passengers to ascend or alight from the taxi.

15. Rank inspectors

An employee of the council who is to be appointed as a rank inspector to regulate the taxi facility concerned.

16. Servicing of a taxi at a taxi facility

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No person shall service a taxi at a taxi facility.

PART 5: LAW ENFORCEMENT

17. Furnishing of information on demand

Any duly authorised official may call upon the driver of any taxi to stop and may call upon him to give his full name and address and the name and address of the owner of the taxi and any such driver who, when called upon to do so by such official and:

(a)fails or refuses to stop,(b)fails or refuses to give his full name and address,(c) fails or refuses to give the correct name and address of the

person in his charge, or(d)gives a false name and address, will be liable for a fine.

PART 6: OFFENCES AND PENALTIES

1. Any person who contravenes or fails to comply with any provision of this By – Law or with any direction, condition, demand, determination, requirement, term or request hereunder, shall be guilty of an offence.

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Notwithstanding anything to the contrary in any law contained, a magistrate’s court shall be competent to impose any penalty provided for in this By – Law.

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