20. Insertion of new sections 38B, 38C and 38D in the principal enactment

The following new sections are hereby inserted immediately after the heading “GENERAL” of the principal enactment and shall have effect as sections 38B, 38C and 38D of that enactment: -

38B. (1) The Commission shall monitor the omnibus services and transportation services -

to ensure a safe, effi cient and effective road transportation service with the assistance of the relevant Government agencies, and call for reports from the said Government agencies -

of the said monitoring activities; and

of any remedial measures taken by the said service providers; and

to assess the effect of sound pollution and other emissions from the vehicles used, with the assistance of the Central

Every permit holder who fails to maintain the vehicle for which a permit has been issued, in accordance with the standards specifi ed under the National Environmental Act, No.

The monitoring procedure by the

There shall be established a training centre for the upliftment of transportation services under the Commission. The purpose of the Centre shall be to enhance the overall capacity of the transportation service providers by affording training opportunities in mechanical skills, road safety emergency measures and road etiquette.

The management of the Centre including the maintenance of records, reporting, fi nancial accountability and monitoring shall be undertaken by the Commission in the manner as prescribed.

The Minister shall prescribe codes of conduct which shall be applicable in respect of interprovincial omnibus services and all or any of the transportation services provided in subsection (1) of section 34A.

The regulations under subsection (1) shall be made only on the advice of the

(a) Where any transportation service provider contravenes or fails to comply with any matter set out in any code of conduct prescribed in terms of subsection (1) or there is a reasonable likelihood of such contravention or non-compliance, the Commission may conduct an inquiry in accordance with the procedure as may be prescribed.

After giving the respective transportation service provider an opportunity to be heard at the inquiry under paragraph (a), the

to cease and refrain from doing an act or omitting to do an act related to the respective code of conduct;

to perform such acts as in the opinion of the Commission are necessary to rectify the situation;

to make a payment of such sum of money as compensation to an aggrieved person who has suffered harm, loss or damage as a result of any contravention by a transportation service provider under paragraph (a) as the

Every directive issued under paragraph (b) shall be in writing and be communicated to the transportation service provider to whom it is directed by registered post, electronic communication or other similar means determined by the Commission. Such directive shall be binding on such transportation service provider who shall comply with such directive from the date of such communication.”.