sec.228KPreventing or hindering access to operational transportation services

sec.228K Preventing or hindering access to operational transportation services

A person who is— a transportation service provider; or a transportation facility user; or an associate of a transportation service provider or a transportation facility user, must not engage in conduct for the purpose of preventing or hindering the access of another person to an operational transportation service. For the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if— the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and that purpose is or was a substantial purpose. A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances. Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) . In this section— a reference to engaging in conduct is a reference to doing or refusing to do any act, including the following: refusing to supply a transportation service or an operational transportation service; without reasonable grounds, limiting or disrupting a transportation service or an operational transportation service or a transfer of transportation capacity; making, or giving effect to, a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and a reference to refusing to do an act includes a reference to— refraining (otherwise than inadvertently) from doing that act; or making it known that that act will not be done. Subsection (1) does not apply to conduct engaged in in accordance with an agreement (other than conduct in breach of this Law, the Regulations, the Rules or the Procedures), if the agreement was in force on 19 March 2018. s 228K ins 2018 No. 23 (SA) s 20 (sec.228K-ssec.1) A person who is— a transportation service provider; or a transportation facility user; or an associate of a transportation service provider or a transportation facility user, must not engage in conduct for the purpose of preventing or hindering the access of another person to an operational transportation service. (sec.228K-ssec.2) For the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if— the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and that purpose is or was a substantial purpose. (sec.228K-ssec.3) A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances. (sec.228K-ssec.4) Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) . (sec.228K-ssec.5) In this section— a reference to engaging in conduct is a reference to doing or refusing to do any act, including the following: refusing to supply a transportation service or an operational transportation service; without reasonable grounds, limiting or disrupting a transportation service or an operational transportation service or a transfer of transportation capacity; making, or giving effect to, a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and a reference to refusing to do an act includes a reference to— refraining (otherwise than inadvertently) from doing that act; or making it known that that act will not be done. (sec.228K-ssec.6) Subsection (1) does not apply to conduct engaged in in accordance with an agreement (other than conduct in breach of this Law, the Regulations, the Rules or the Procedures), if the agreement was in force on 19 March 2018.