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This is the latest version of this By-law.
Public Buses and Taxis By-law, 2009
- Published in Western Cape Provincial Gazette no. 6675 on 9 November 2009
- Commenced on 9 November 2009
- [Up to date as at 28 May 2021]
1. DefinitionsIn this by-law, unless the context otherwise indicates—"bus stop" means any place designated or area demarcated by a road traffic sign as a bus stop or for the exclusive stopping of buses;"Chief Traffic Officer" means the person appointed as such by the Council, or any other person legally acting in that capacity, and any officer appointed a traffic officer and authorized by the Chief Traffic Officer to implement the provisions of this by-law;"driver" in relation to a taxi, means any person who is in control of or who operates a taxi and who is in the employment of the proprietor of such taxi;"municipality" means the Municipality of Bergrivier, established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorized agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"ply for hire" means to use a motor vehicle for conveying passengers for hire or reward or to make a motor vehicle available at any place for the purpose of conveying passengers;"proprietor" in relation to any taxi, means the owner of a taxi which is registered as such in an area and who conducts business by conveying passengers for reward;"taxi rank" means a place designated by a road traffic sign or an area approved by the Council and demarcated as a taxi rank; and"taxi" means a public motor vehicle (other than a public bus) used for the conveyance of passengers, or of passengers and such passengers’ goods, for reward.
2. Purpose of by-law
3. Stopping of public busesNo person, other than a traffic officer or any other authorized officer, shall, except in the case of an emergency, stop a public bus for the purpose of permitting passengers to board or alight from such bus at any place other than a bus stop.
4. Boarding and alighting from public busesNo person, other than a traffic officer or any other authorized officer, shall, except in the case of an emergency, board or alight from a public bus at any place other than a bus stop unless directed to do so by the driver or conductor thereof.
5. Use of taxi ranks
6. General provisions relating to taxis and taxi drivers
7. PresumptionIf in any prosecution under this by-law it is proved that a person has conveyed passengers in a motor vehicle on a public road, it shall be presumed, until the contrary is proved, that he so conveyed such passengers for reward.
8. Offences and PenaltiesA person who contravenes any provision or fails to comply with any provision of this by-law commits an offence and shall on conviction be liable to—(a)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment and,(b)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued and,(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.
9. Liaison forums in community
10. ExemptionsNotwithstanding the provisions of this by-law, the municipality may, on written application, exempt any person or class of persons from any or all of the requirements of this by-law and in considering such exemption it may impose any conditions or requirements it deems appropriate.
11. Conflict with other legislationIn the event of any conflict between any provision of this by-law and National and Provincial legislation, standards, policies or guidelines, the National and Provincial legislation, standards, policies or guidelines shall prevail.
12. RepealThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law.
13. Short title and commencementThis by-law shall be known as the By-law relating to Public Buses and Taxi’s and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of by-law
- 3. Stopping of public buses
- 4. Boarding and alighting from public buses
- 5. Use of taxi ranks
- 6. General provisions relating to taxis and taxi drivers
- 7. Presumption
- 8. Offences and Penalties
- 9. Liaison forums in community
- 10. Exemptions
- 11. Conflict with other legislation
- 12. Repeal
- 13. Short title and commencement
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.