Chapter 29:15 URBAN COUNCILS ACT (2) A council may and, if required by the Minister, shall establish omnibus stations and ancillary services connected therewith. 193 Commuter transport services Notwithstanding anything to the contrary contained in the Road Motor Transportation Act [Chapter 13:10] or in this Act, the Minister may, whenever he considers it to be in the interests of the inhabitants of a council area, enter into agreements with, and grant permits to, persons to provide commuter transport services within a council area or between two or more council areas and, in so doing, he may make regulations to provide for— (a) the issuing of permits to such persons; (b) the control and regulation of fares; (c) the designation of appropriate routes; (d) the number of operators permitted on each route; (e) the period of validity of permits; (f) the insurance of vehicles; (g) environmental protection from fuel emissions and pollutants; (h) speed and safety standards; (i) any matter necessary or convenient for the regulation of such commuter transport services. 194 Prohibition of omnibus services (1) In this section— “authorized operator” means a person who has entered into an agreement such as is referred to in paragraph (c) of subsection (1) of section one hundred and ninety-two with a municipal council. (2) Notwithstanding anything to the contrary contained in the Road Motor Transportation Act [Chapter 13:10] or in any other enactment, but subject to section one hundred and ninetythree, whenever any omnibus service is or is proposed to be established, acquired, maintained or carried on by a municipal council or by an authorized operator, the municipal council may, subject to this section and section one hundred and ninety-five, by statutory instrument, prohibit the carrying on by any person, other than the municipal council or the authorized operator, as the case may be, of any such service— (a) for such period approved by the Minister in terms of subsection (3) as may be specified in the notice; and (b) within the area specified in the notice and approved by the Minister and the Minister responsible for transport, which area may include areas that are not under the administration and control of the council: Provided that any route within the area specified in the notice which is not being served by the omnibus service operated by the municipal council or the authorized operator, as the case may be, may be served by some other public service vehicle in terms of subsection (2) of section one hundred and ninety-five if the municipal council and, where appropriate, the authorized operator have agreed thereto. (3) The powers of a municipal council under subsection (2) shall not be exercised in respect of any omnibus service established, maintained or carried on by the authorized operator unless and until the terms of the agreement between the municipal council and the authorized operator and the period of the proposed prohibition have been approved by the Minister. (4) Before any resolution to prohibit the carrying on by any person of a service referred to in subsection (2) is passed by a municipal council— (a) there shall be published in the Gazette, and in at least three issues of a newspaper, notice of the proposed resolution, including the period and area to be specified therein, and stating that representations or objections to the proposed resolution may be lodged with the town clerk in writing before a specified date, being not less than thirty days after the date of the publication of the notice in the Gazette; and (b) any representations or objections lodged in terms of paragraph (a) shall be laid before the council at the meeting appointed to consider the proposed resolution. 68

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