Section 77: Road service licence

77. Road service licence (1) Subject to this section, the Authority may— (a) grant to any person who wishes to provide a service of buses, a road service licence, which shall be in the prescribed form and shall authorise its holder to provide such road service as may be specified in the licence; (b) vary the provisions of a road service licence on the application of its holder, or of any person of a class of objector mentioned in subsection (5), or on its own motion; or (c) on its own motion, or otherwise, cancel or vary a road service licence where it is satisfied that its holder is not providing an adequate or satisfactory service. R27 – 67 [Issue 3] Road Traffic Act (2) The person required to hold a road service licence in respect of a bus shall be— (a) where the vehicle is on hire to another person, for a purpose other than the conveyance by that other person of passengers for hire or reward, the person in whose name the vehicle is registered; (b) in any other case, the person using the vehicle. (3) Any person who— (a) uses; or (b) causes or permits to be used, on a road, a bus otherwise than under and in accordance with the terms and conditions of a road service licence shall commit an offence and shall, on conviction, be liable to a fine not exceeding 3,000 rupees. (4) The Authority shall not grant or vary a road service licence in respect of any route if it thinks, from any particulars furnished under subsection (8), that the provisions of this Act relating to the speed of motor vehicles are likely to be contravened. (5) (a) In deciding whether to grant, refuse or vary a road service licence in respect of any route or area, the Authority shall have regard to— (i) the suitability of the routes on which a service may be provided under the licence; (ii) the extent to which a route or area in respect of which the application is made is already served by road transport; (iii) the extent to which road transport might be adversely affected and any representations which may be made in that behalf; (iv) the extent to which the proposed service is necessary or desirable in the public interest; (v) the needs of Mauritius as a whole in relation to traffic, including the provision of adequate, suitable and efficient services, the elimination of unnecessary services and the provision of uneconomic services, and the co-ordination of all forms of transport; (vi) the payment of reasonable wages and observance of proper conditions of service in respect of the drivers and conductors of the applicant; (vii) the reliability and financial stability of the applicant; (viii) the facilities at the disposal of the applicant for carrying out vehicle maintenance and mechanical repairs; (ix) any previous conviction of the applicant for an offence under this Act; (x) the number of vehicles in possession of the applicant in relation to the demands of the service for which a licence is sought; [Issue 3] R27 – 68 Revised Laws of Mauritius (xi) whether the applicant’s main source of livelihood is, or is intended to be, derived from the business of operating public service vehicles; and (xii) where a person holds or has held a road service licence, the manner in which he has operated the service authorised by the licence. (b) The Authority shall also take into consideration any objection or other representation which may be made by— (i) a person who is already providing transport facilities, whether by means of road transport or any other kind of transport, along source of livelihood is, or is intended to be, derived from the business of operating public service vehicles; and (xii) where a person holds or has held a road service licence, the manner in which he has operated the service authorised by the licence. (b) The Authority shall also take into consideration any objection or other representation which may be made by— (i) a person who is already providing transport facilities, whether by means of road transport or any other kind of transport, along or near to the routes or in the area or any part of the area of which the application is made; (ii) a local authority in whose area the service is to be provided; or (iii) a member of the public within the area. (c) The onus of proving that there are grounds for an objection shall lie on the objector. (6) (a) Where the particulars required under subsection (8) have been supplied and the application is otherwise in order, the Authority shall cause a notice of the application to be published in— (i) the Gazette; and (ii) such other manner as may be prescribed or as the Authority thinks fit, not more than 14 days before the public sitting at which the application is to be heard. (b) Notice of an objection or other representation from— (i) a person already providing transport facilities along or near to the routes or in the area or any part of the area in respect of which the application is made; or (ii) a local authority, stating the grounds on which he, or it, desires to object or make a representation, shall be given in writing in accordance with such procedure as may be prescribed. (7) (a) The Authority may— (i) attach to a road service licence such conditions as it thinks fit; and (ii) vary the conditions under paragraph (a). (b) Compliance with this Act and adherence to the rates and fares prescribed in respect of any service shall be implied conditions of the road service licence under which that service is operated. (8) (a) Every person who applies for a road service licence and every holder of a licence who applies for its variation shall submit to the Authority— (i) particulars of the road or area it is proposed to serve; R27 – 69 [Issue 1] Road Traffic Act (ii) particulars of the number and type of vehicles to be used; (iii) the reasons for alleging that existing transport facilities on such road or in such area are inadequate; (iv) in the case of a regular service, the timetable of the service which it is proposed to provide under the licence, the starting and destination points, stops in between and any duplication that is to be made; (v) in any other case, such particulars as to the frequency of the service, the time to be taken, and the vehicles to be used, on the journeys included in that service as the Authority may require; (vi) the fare table of the proposed service; (vii) particulars of any bankruptcy or of any agreement with creditors entered into by the applicant; (viii) particulars of any agreement or arrangement affecting, in any material respect, the provision within Mauritius of facilities for the transport of goods or passengers for hire or reward entered into by the applicant with any other person by whom those facilities are provided; (ix) particulars of any financial interest (whether as a partner or shareholder or as a result of any loan, guarantee or other financial transaction) which any other person providing facilities for the transport of goods or passengers for hire or reward or for motor trade or any motor insura al respect, the provision within Mauritius of facilities for the transport of goods or passengers for hire or reward entered into by the applicant with any other person by whom those facilities are provided; (ix) particulars of any financial interest (whether as a partner or shareholder or as a result of any loan, guarantee or other financial transaction) which any other person providing facilities for the transport of goods or passengers for hire or reward or for motor trade or any motor insurance business or controlling (either solely or in conjunction with any other person) the business of any person who provides those facilities, has in the business of the applicant, and, in the case of an applicant being a company, of any right which that person has to nominate any director of the company, and such interest or right which the applicant has in the business of any other person engaged in the operation of public service vehicles within Mauritius; and (x) such accounts, documents and records relating to the applicant’s business and such other information as the Authority may require. (b) In the case of any material misstatement of any of the particulars specified under paragraph (a), the Authority may revoke a road service licence issued, or variation made, based on the application containing the misstatement. (9) The Minister may, either of his own motion or at the request of a person interested or affected, by regulations, lay down or vary fixed rates and fares for any service on any road or in any area, or fix or vary the maximum or minimum rates and fares for any service. [Issue 1] R27 – 70 Revised Laws of Mauritius