Small win for tourism industry with the approval of NLTA Regulation 25(2), but challenges persist

The Tourism Industry has received confirmation of a resolution that the National Land Transportation Act (NLTA) Regulation 25(2) is allowed. This follows discussions between the Minister of Tourism, the Minister of Transport and a Department of Transport MINMEC meeting held on 20 April 2023.

Although 25(2) has been in the regulations all along, operators reported inconsistent application by law enforcement officers resulting in vehicles being impounded. 

Regulation 25(2) states: 

Where an operating licence was properly made under sub-regulation (1) and the regulatory entity has not issued the licence by the expiry date, the operating licence will remain valid until the entity either issues the renewal licence or notifies the applicant that the application has been refused, and the operator must keep in the vehicle the receipt issued by the regulatory entity as proof that such an application has been made. 

MINMEC resolved that: 

NLTA Regulation 25(5) gives permission for an operator who has applied for renewal of an Operating Licence thirty days before its expiry and the regulatory entity has not issued a notice to uplift to continue using a copy of the expired OL and proof of application for renewal until a new licence is issued, and that operators who complies with this regulation may not be unduly penalised. 

The Tourism Transport sector is relieved that this has been confirmed and thanks the Minister of Tourism and the Minister of Transport for their swift action on this issue in the short time they have been in office. 

Says David Frost, SATSA CEO: "We hope all law enforcement officers will implement this with immediate effect to minimise the reputational damage to our destination when tourists are left stranded on the side of the road."

“It is a small but positive step towards resolving the ongoing challenges that the industry has faced with the National Public Transport Regulator (NPTR) and Department of Transport. There are, however, continued worrying elements that need urgent attention, such as receipts not being issued timely by the NPTR, backlogs developing due to the absence of NPTR board meetings, as well as challenges faced by first-time applicants or those applying for additional or replacement vehicles. Unfortunately, these are not considered in Regulation 25(2).” 

“We are committed to working with the Minister of Tourism to find urgent solutions for these challenges that have bedevilled the industry for far too long. There is movement on resuscitating engagement with the Department of Transport with industry requesting a structured and data-driven task team to get the systemic issues at the NPTR resolved” ends Frost.