South Africa’s image as a tourism destination is being tarnished due the vehicle operating license renewal backlog that is leading to traffic officials allegedly illegally impounding tour operators’ vehicles while they are transporting guests.

A Western Cape tour operator who spoke to Tourism Update on condition of anonymity (for fear of reprisal), said traffic police had recently pulled over and impounded one of the firm’s vehicles in a roadblock, while it was transporting international tourists. 

She said the firm had applied well in advance to renew its vehicle’s operating permit. However, months later, the National Public Transport Regulator (NPTR) in Pretoria had not yet issued the license renewal.

According to the regulations under the National Land Transport Act, operators whose permits have expired, can legally operate on the expired permit until such time as the NPTR issues their new permit, provided they applied for renewal on time - 30 days before expiry of the operating licence.

The tour operator said the vehicle was transporting international guests back to their hotel when it was stopped and pulled over during a traffic roadblock.

Vehicle impounded

“The officer, after checking the permit, advised they would need to impound the vehicle as the permit was not valid. The guide explained the situation - how we have been trying to obtain our permit, but to no avail. They were not very helpful and insisted the vehicle needed to be impounded. The officers escorted the vehicle to the hotel to drop off the guests,” she said.

She said the tour guide had to explain the situation to the guests and the officers then escorted the vehicle to a nearby town where it was impounded. 

“Once the paperwork was completed the guide was taken back to the hotel where he was staying. Transport, at an additional cost, was arranged to transport the guests and guide the following morning,” she said.

She said the guide had to pay a fine before the impounded vehicle was released.

She said the situation was frustrating and gave guests the impression that operators do not fulfil their duties of keeping permits updated. 

“We have applied and paid for a renewal permit and after a year we still don’t have our operating licence/permit. We don’t have any indication of when we will get this resolved,” she said.

She said the permit problems at the regulator’s office needed to be sorted out “as a matter of urgency”.

“Covid hit many industries, and now that tourism is starting to pick up, we are not able to make the losses back if vehicles are standing still due to no permits,” she said.

SATSA survey

A recent SATSA, survey conducted in April 2022, revealed the extent of the problem. The survey showed that out of a total of 131 tourism operators, who together have a fleet of 877 vehicles/mini-buses/coaches, 913 applications are outstanding. 

These applicants range from operating licence renewals, amendments, new applications and transfers to company accreditation applications and renewals 

A total of 391 of the 877 vehicles could not be used legally, while 60 vehicles had been sold and operators had held back on buying 175 new vehicles due to the challenges with NPTR.  Four businesses closed their doors because of the NPTR.

Tour operators reported 167 incidents of traffic officials stopping and harassing drivers in front of tourists and in 49 cases this resulted in fines, while 21 vehicles were impounded.

SATSA Chief Operating Officer, Hannelie du Toit, said the organisation, which represents 1300 companies, had sought legal advice and was considering court action to resolve the matter which she said was the equivalent of “economic suicide or perhaps economic decimation”. 

“It is illegal to carry passengers (tourists) for gain without an operating licence. NPTR can’t issue operating licenses. Traffic officials are impounding vehicles and issuing fines. SA’s reputation as well as that of the operator is being damaged in the eyes of the tourists because it looks like they are breaking the law,” du Toit said.

‘Ludicrous’ 

She said it was “ludicrous” that the industry had to seek legal remedies to the situation.

“To have to take government to court in order to get them to do their job is ludicrous, but we are left with no other option having lobbied at all levels and with all the different Ministers of Tourism we have had in the last couple of years.  All we want is for the NPTR to issue Operating Licences as per the Act, in a timeously manner, and without overstepping their mandate. It is not a privilege to get an operating licence, as the previous Chair of the NPTR Board said in a meeting, it is a right,” du Toit said.

The Department of Transport had not responded to a request for comment at the time of publication.