S.L. 65.33 Art. 12Checks on compliance.    Cap. 65.

(1) The Authority shall have the power to carry out random checks, whenever it deems necessary, in order to verify that an operator is carrying out his operations in accordance with the provisions of these regulations. For this purpose, the Authority may require the operator or any official or employee of the same to attend before it, or before a person appointed by it, at such time and place as it may specify, to answer questions and provide information and documentation with respect to the light passenger transport services of the operator. The Authority may take and keep copies of any documents furnished or provided under this regulation. A statement made and documentation provided in pursuance of this regulation may be used as evidence against the operator as well as against any person to whom they may relate. Such persons shall comply forthwith, and in no case later than twenty-four (24) hours, with any request or order made by the Authority in terms of this regulation.

(2) An operator’s licence may be suspended or withdrawn on any of the following grounds:

(a) where the holder has supplied incorrect information to the Authority in relation to the issuance of a licence or any other matter connected thereto; or

(b) where the holder has breached any of the conditions of the licence and has not remedied such breach in spite of having been given written notice of the breach and a reasonable time in which to do so:

Provided that, unless there exist gross acts of misconduct or negligence or any other serious grounds for immediate suspension, withdrawal or revocation, the operative date of such notice shall be not less than twenty-eight days from the date of notification.

(3) Where an operator’s licence is suspended by the Authority of its own motion for any reason established in sub-regulation (2), the operator may apply for the suspension to be removed following the lapse of fifteen (15) days from the date when the breach leading to the suspension of the licence has been duly remedied to the satisfaction of the Authority.

(4) Any operator whose licence has been withdrawn in terms of these regulations and, or any other regulations issued in terms of the

Traffic Regulation Ordinance and the Act may not apply for a new licence before the lapse of a period of two (2) years from such withdrawal, and the Authority shall not consider any application made in contravention of this regulation:

Provided that the provisions of this regulation shall not apply in cases where the licence has been withdrawn due to the fact that the applicant was not considered to be of good repute and conduct in terms of these regulations or other regulations made under the Act.

(5) An operator’s licence shall be revoked where the holder no longer satisfies the conditions laid down in regulation 6(1):

Provided that where the operator is not considered to be of good repute and conduct solely because any of the persons listed in regulations 6(3) and, or 6(4) do not comply with the provisions of VEHICLE HIRE SERVICES

regulation 6(1), the operator’s licence shall be suspended until the operator substitutes such person with another person who fulfils the requirements of these regulations:

Provided further that, where the operator fails to fulfil the above mentioned requirement within a period of three (3) months from the date of the sentence or sentences in terms of which the person is not considered to be compliant with the requirements of regulation 6(1), the licence shall be withdrawn ipso jure.

(6) A suspension or revocation in terms of this regulation shall be effected by the Authority of its own motion or by order of a court of criminal jurisdiction:

Provided that, where the Authority intends to suspend or revoke an operator’s licence of its own motion, it shall give the operator concerned notice in writing setting out the reasons for its intention to do so. Every notice given shall state that the operator concerned may, within ten (10) days from service thereof, make representations in writing to the Authority giving reasons why the operator’s licence should not be suspended or revoked and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the operator concerned. The operator concerned shall have the right to appeal to the Tribunal against the decision of the Authority to suspend or revoke the operator’s licence within twenty (20) days from notification of the Authority’s decision:

Provided further that the suspension of the licence shall have immediate effect notwithstanding any appeal therefrom, unless otherwise ordered by the Tribunal or by a court of criminal jurisdiction:

Provided further that a decision of the Authority to revoke an operator’s licence shall not become operative until the expiration of the period within which an appeal may be made under this regulation and, if an appeal is made within such period, the decision shall become operative on the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned but, until such time, the licence shall remain suspended.