The Laws of being Tour Guides, Tourism Transfers and
Tour Operators in SA - |
Established in – 2011
|
SA Tourism Laws - People are by far the most important "commodity" on the planet - it's not oil, gold or diamonds - it is PEOPLE - so it is of utmost importance that Tourists are totally insured in the event of any accident; that the vehicles that they travel in are totally Road-Worthy, insured and safe; that Tour Guides conducting their tours have passed all the relevant Tour Guides exams, are 1st aid trained - and MANY other important legal requirements are in place.
Thankfully the South African Tourism authorities, Govt Depts and Traffic Police, have passed Laws and Regulations that have to be fully adherred to by ANY person or company before they are legally allowed to start offering any Tourism service.
Listed below are all these legal requirements for each sector - ALL the members of HATT must have these in place
Thankfully the South African Tourism authorities, Govt Depts and Traffic Police, have passed Laws and Regulations that have to be fully adherred to by ANY person or company before they are legally allowed to start offering any Tourism service.
Listed below are all these legal requirements for each sector - ALL the members of HATT must have these in place
TOUR GUIDES -
There are 2 types of Tour Guide exams and qualifications –
1) Site Guide – an exam to conduct tours at 1 location or site – for example – Table Mountain – and NO other area or location – other areas can be added onto this exam – for example, the bear minimum exam topics for a Tour Guide wishing to work in the Hermanus regions will be to have passed a Tour Guides exam covering – Cape Town, Winelands and Hermanus.
2) Provincial - or - National Guide – a comprehensive exam of 1 South African Province, for example Western Cape (equivalent to a Matric Pass) – or a much longer set of exams that covers each, any or all of the 9 South African Provinces.
These exams are regulated by DEAT (Dept of Environmental Affairs & Tourism) and SETA (Sector Education and Training Authority) for the Tourism and Hospitality Sectors and via the NQF (National Qualifications Framework) and the National Dept of Tourism - and are registered on the National Tourist Guides database, under the Tourism 2nd Amendment Act 70 of 2000.
Once the exams have been completed and a Pass have been achieved, then the Tour Guide is issued with a Certificate of Exam/s achieved and has to hand-in this certificate and more relevant paperwork to the Department of Environment Affairs & Tourism (DEAT), where-upon they will review your case and if successful, they will issue a Tour Guides ID Card and Badge which allows you to Tour Guide in your passed topic.
The Tour Guide also has to hand in with this application and must have completed -
1) Basic 1st Aid training exam – Level 1 - conducted by a registered lecturer of Medical First Aid;
2) Matric Certificate to proof English language skills passed;
3) Certified copy of either - SA ID or Passport details;
4) Certified copy of valid SA drivers licence (again for proof of ID) and a R240 fee.
When Tour Guiding, then the Tour Guide must have a 1st Aid kit to hand.
It is extremely important to also have in place a General Public Liability insurance policy that covers all Tourists / clients from any injury that might occur while they are under supervision and guidance of the Tour Guide. Minimum cover is R5million.
It is also very wise to do additional top-up Tour Guide exams if doing tours in other specific topic/s, for example - Tracking, Safaris, Shark Cage diving, Whale watching, Birding, Hiking, Flowers & Plants............Pointless doing tours and not knowing a single thing about that tour topic.
Dept of Tourism website regarding Tour Guide legalities can be viewed at - Dept of Tourism
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TOURISM TRANSFERS & TRANSPORT -
Persons who have vehicles and are NOT allowed to do any Tours as they are not Tour Guides – just do transfers and shuttles – in other words are glorified Tourism Taxi Cabs, moving people from point A to B.
If ANY person or company charges a fee / fare or takes money from a passenger that they transport in a vehicle from A to B, then they need to have the following in place –
1) The safety of passengers is paramount – so Passenger Liability Insurance MUST be in place for EVERY vehicle; the minimum cover for a Car is R3million and for a Minibus is R5million. This covers passengers from any injury incurred when physically inside the vehicle.
2) EVERY vehicle MUST have a Road-Worthy exam done every 12 months, to ensure that it is totally road safe – brakes, lights, tyres, indicators, wipers, seat belts for each passenger in the vehicle, powder fire extinguisher, red reflective triangle and much more...........
2A) Road Tax is paid annually and only issued AFTER the successful completion of the Road Worthy examination, where-upon an Operators Licence disc also issued. BOTH the Road Tax and Road Worthy discs must be displayed in the wind-screen of each vehicle.
3) Every Driver must have – a valid PDP licence (Public Transit Permit) and have passed their exams including - a Doctors examination and eye test and have a Police Clearance exam which involves Finger-printing and investigating criminal records. Each driver must also have a valid SA Driving Licence.
http://www.westerncape.gov.za/service/professional-driving-permit-applications
4) Minibuses or larger vehicles must also have – a 5cm wide fluorescent yellow reflective strip that covers in length, at least 80% of each side and the tail-gate panel (doors and boot lid)
VERY IMPORTANT indeed is –
Tourism Red Transit Disc -
ANY vehicle that transports fare paying passengers MUST apply and have passed a Tourism Red Transit Disc application via the Provincial Road Traffic Dept. Each application must include the following –
1) Certified copy of Ownership Registration paper for the vehicle;
2) Certified copy of Road Tax and Road Worthy certificate for the vehicle;
3) Original of SARS Tax Clearance Certificate, issued by a SARS office for the owner (person or company) of the vehicle;
4) 2 or more Reference Letters supporting the application from other Tourism businesses;
5) Certified copy of SA ID or Foreign Passport;
6) Letter from Hermanus Traffic Police Dept supporting your application;
7) Completed a Letter stating compliance with all parts of Section 62 (1) (C) of Labour Law requirements made by the Dept of Labour;
8) Certified copy of Passenger Liability Insurance and if doing Tour Guiding too, a certified copy of your General Public Liability Insurance;
9) If Tour Guiding, then a certified copy of your Tour Guides exam and 1st Aid exam;
The application is placed in front of the Board who go thro your application totally and then make recommendations as to what else they require b4 issuing a Tourism Red Transit Disc. When issued, then this disc must be displayed in the windscreen of the vehicle.
The recent opening of a new illegal vehicle impound centre in Hermanus hit the news - view it HERE
And - Drunk Drivers are also being stopped, caught, fined and sentenced to JAIL in the Western Cape - check out this recent news report - HERE
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TOUR OPERATORS - (Transport & Tours) -
This is where BOTH the above jobs and services are combined – Tour Guiding AND Transfer company - so therefore ALL of the above legalities MUST be in place for that person or company to be a Tour Operator.
----------------------------------------------------
ALL members of HATT will have had all of this paperwork, exams, insurances, licences and legalities totally checked before they are allowed to become a member of HATT.
Please check, before booking -
You can also easily check who are HATT members, as their vehicles will pridely display a HATT sticker on the tail-gate and each Tour Guide / Transport Driver will have a HATT Identification Card on them - HATT insists that before you book anyone to supply tourism services for you or your guests, that you ask to see these 2 important items - as these are a seal of approval for that persons professionalism and legalities - HATT members will be very pleased that you have asked to see their legalities and will be more than willing to show these to you - thank you for asking
If you require further information, please contact us
Many Thanks and happy holidaying with HATT tour and transfers companies.
There are 2 types of Tour Guide exams and qualifications –
1) Site Guide – an exam to conduct tours at 1 location or site – for example – Table Mountain – and NO other area or location – other areas can be added onto this exam – for example, the bear minimum exam topics for a Tour Guide wishing to work in the Hermanus regions will be to have passed a Tour Guides exam covering – Cape Town, Winelands and Hermanus.
2) Provincial - or - National Guide – a comprehensive exam of 1 South African Province, for example Western Cape (equivalent to a Matric Pass) – or a much longer set of exams that covers each, any or all of the 9 South African Provinces.
These exams are regulated by DEAT (Dept of Environmental Affairs & Tourism) and SETA (Sector Education and Training Authority) for the Tourism and Hospitality Sectors and via the NQF (National Qualifications Framework) and the National Dept of Tourism - and are registered on the National Tourist Guides database, under the Tourism 2nd Amendment Act 70 of 2000.
Once the exams have been completed and a Pass have been achieved, then the Tour Guide is issued with a Certificate of Exam/s achieved and has to hand-in this certificate and more relevant paperwork to the Department of Environment Affairs & Tourism (DEAT), where-upon they will review your case and if successful, they will issue a Tour Guides ID Card and Badge which allows you to Tour Guide in your passed topic.
The Tour Guide also has to hand in with this application and must have completed -
1) Basic 1st Aid training exam – Level 1 - conducted by a registered lecturer of Medical First Aid;
2) Matric Certificate to proof English language skills passed;
3) Certified copy of either - SA ID or Passport details;
4) Certified copy of valid SA drivers licence (again for proof of ID) and a R240 fee.
When Tour Guiding, then the Tour Guide must have a 1st Aid kit to hand.
It is extremely important to also have in place a General Public Liability insurance policy that covers all Tourists / clients from any injury that might occur while they are under supervision and guidance of the Tour Guide. Minimum cover is R5million.
It is also very wise to do additional top-up Tour Guide exams if doing tours in other specific topic/s, for example - Tracking, Safaris, Shark Cage diving, Whale watching, Birding, Hiking, Flowers & Plants............Pointless doing tours and not knowing a single thing about that tour topic.
Dept of Tourism website regarding Tour Guide legalities can be viewed at - Dept of Tourism
-----------------------------------------------------------------------------------------------------------------------------------------------------------
TOURISM TRANSFERS & TRANSPORT -
Persons who have vehicles and are NOT allowed to do any Tours as they are not Tour Guides – just do transfers and shuttles – in other words are glorified Tourism Taxi Cabs, moving people from point A to B.
If ANY person or company charges a fee / fare or takes money from a passenger that they transport in a vehicle from A to B, then they need to have the following in place –
1) The safety of passengers is paramount – so Passenger Liability Insurance MUST be in place for EVERY vehicle; the minimum cover for a Car is R3million and for a Minibus is R5million. This covers passengers from any injury incurred when physically inside the vehicle.
2) EVERY vehicle MUST have a Road-Worthy exam done every 12 months, to ensure that it is totally road safe – brakes, lights, tyres, indicators, wipers, seat belts for each passenger in the vehicle, powder fire extinguisher, red reflective triangle and much more...........
2A) Road Tax is paid annually and only issued AFTER the successful completion of the Road Worthy examination, where-upon an Operators Licence disc also issued. BOTH the Road Tax and Road Worthy discs must be displayed in the wind-screen of each vehicle.
3) Every Driver must have – a valid PDP licence (Public Transit Permit) and have passed their exams including - a Doctors examination and eye test and have a Police Clearance exam which involves Finger-printing and investigating criminal records. Each driver must also have a valid SA Driving Licence.
http://www.westerncape.gov.za/service/professional-driving-permit-applications
4) Minibuses or larger vehicles must also have – a 5cm wide fluorescent yellow reflective strip that covers in length, at least 80% of each side and the tail-gate panel (doors and boot lid)
VERY IMPORTANT indeed is –
Tourism Red Transit Disc -
ANY vehicle that transports fare paying passengers MUST apply and have passed a Tourism Red Transit Disc application via the Provincial Road Traffic Dept. Each application must include the following –
1) Certified copy of Ownership Registration paper for the vehicle;
2) Certified copy of Road Tax and Road Worthy certificate for the vehicle;
3) Original of SARS Tax Clearance Certificate, issued by a SARS office for the owner (person or company) of the vehicle;
4) 2 or more Reference Letters supporting the application from other Tourism businesses;
5) Certified copy of SA ID or Foreign Passport;
6) Letter from Hermanus Traffic Police Dept supporting your application;
7) Completed a Letter stating compliance with all parts of Section 62 (1) (C) of Labour Law requirements made by the Dept of Labour;
8) Certified copy of Passenger Liability Insurance and if doing Tour Guiding too, a certified copy of your General Public Liability Insurance;
9) If Tour Guiding, then a certified copy of your Tour Guides exam and 1st Aid exam;
The application is placed in front of the Board who go thro your application totally and then make recommendations as to what else they require b4 issuing a Tourism Red Transit Disc. When issued, then this disc must be displayed in the windscreen of the vehicle.
The recent opening of a new illegal vehicle impound centre in Hermanus hit the news - view it HERE
And - Drunk Drivers are also being stopped, caught, fined and sentenced to JAIL in the Western Cape - check out this recent news report - HERE
------------------------------------------------------------------------------------------------------------------------------------------------------------
TOUR OPERATORS - (Transport & Tours) -
This is where BOTH the above jobs and services are combined – Tour Guiding AND Transfer company - so therefore ALL of the above legalities MUST be in place for that person or company to be a Tour Operator.
----------------------------------------------------
ALL members of HATT will have had all of this paperwork, exams, insurances, licences and legalities totally checked before they are allowed to become a member of HATT.
Please check, before booking -
You can also easily check who are HATT members, as their vehicles will pridely display a HATT sticker on the tail-gate and each Tour Guide / Transport Driver will have a HATT Identification Card on them - HATT insists that before you book anyone to supply tourism services for you or your guests, that you ask to see these 2 important items - as these are a seal of approval for that persons professionalism and legalities - HATT members will be very pleased that you have asked to see their legalities and will be more than willing to show these to you - thank you for asking
If you require further information, please contact us
Many Thanks and happy holidaying with HATT tour and transfers companies.
HATT is totally endorsed, fully encouraged and 100% supported by the local -
1) Tourism Department of the Overstrand Municipality - and -
2) Road Traffic Police Dept. of Hermanus/Overstrand
Manager: Tourism Marketing Overstrand Municipality
1) Tourism Department of the Overstrand Municipality - and -
2) Road Traffic Police Dept. of Hermanus/Overstrand
Manager: Tourism Marketing Overstrand Municipality
Hermanus Association of Transport and Tourism (HATT)
Providing incredible tourism experiences to all the tourists that visit our wonderful region
Email us
Providing incredible tourism experiences to all the tourists that visit our wonderful region
Email us