· White Paper principles were translated since 1997 into a draft NLTB.
· During 1998 the DCD initiated a series of local government legislation. This required that the NLTB and local government legislation would have to be moved simultaneously.
· In late 1998 it became clear that local government legislation timetables were behind.
· The demarcation process and the looming LG elections required urgent LT legislation so as not to lose 3 years in laying the key institutional platforms.
· January 1999 a draft NLTTB published
· February 1999 Mincom blocks the legislation for current term, but mandates process for first session of next parliament.
· This NLTTB is the product of an Inter-governmental drafting team made up of NDoT, Gauteng, W. Cape, KZN, Northern Province, and Cape Town, Pretoria, PE, East London and Durban local authorities.
· CABINET approved the draft Bill for further consultation and tabling.
FURTHER CONSULTATION & APPROVAL
· Consultative meetings were held in each of the 9 Provinces and other stakeholders and Government Departments
· COLTO and MINCOM subsequently approved amended version
· Amended version certified on 28 January 2000
· Summary published on 7 February 2000
REASONS FOR THE NLTTB To enable: · Proper structuring of land transport planning
· Establishment of appropriate institutional structures
· Formalization and restructuring of the public transport industry and services
- prioritize public transport
- permissions based on transport plans
- regulated competition
- formalized environment for minibus-taxi operations
· basis for long term system
SCOPE OF THE BILL · No current legislation will be repealed
· Chapter 2 prescribes policies, principles, requirements, guidelines, frameworks, norms & standards that must be the same for all provinces and will take precedence in case of conflict
· Chapter 3 provisions assist Provinces without adequate legislation & may be repealed by provincial legislation. Provincial laws will take precedence on issues dealt with in Chapter 3
· Institutional structures
· Planning
· Public transport
· Regulation & enforcement
· Impacts on: Tourism
Freight
PILLARS OF THE BILL · Appropriate Institutional Bodies
· Planning
· Regulated Competition & Restructuring of the Modes
· Sustainable Funding
· Effective Transport Law Enforcement
PRINCIPLES OF NATIONAL POLICY Not included in the Bill, to be published in regulations
PRINCIPLES OF NATIONAL POLICY · Co-ordination of institutional structures
· Integrated planning
· Priority to public transport & customer needs
· Promote modal integration
· User-charges & cost recovery
· Optimal use of resources
· Sustainable investment
· Address needs of special categories of passengers
· Effective transport law enforcement
· Training and development
· Public participation
· Integrated information systems
Impartiality :
· Members of Permissions Boards
· Staff of Boards directly involved
· Members of Appeal Boards
· Officials of PA’s - developing permissions strategy
· Officials - transport law enforcement
· Registrar
FUNCTIONS OF THE MINISTER · Making of policy
· Monitoring implementation of policy
· Preparing a NLT Strategic Framework
· Making regulations on Chapter 2-issues
· Monitoring the utilization of funds
· Establishing an information system
· Introducing a research program
· Guiding education and training
FUNCTIONS OF THE MEC’s · Functions assigned by Constitution to Provinces, plus
· Making of policy
· Monitoring implementation of policy
· Monitoring the utilization of funds
· Assisting planning authorities
· Preparing a Provincial LT-framework
· Ensuring co-ordination between PA’s
· Making regulations on Chapter 3-issues
[Ed. NOTE: Institutional structures diagram & Transport areas diagram not included]
PURPOSE OF TRANSPORT AUTHORITIES · Improved transport service delivery by grouping the transport functions into a single well-managed and focussed institutional structure
ESTABLISHMENT OF TRANSPORT AUTHORITIES · Juristic person not subject to liquidation
· Written agreement between MEC and municipality and the Minister whenever funds are provided by the NDOT
· Consent not to withhold unreasonably
· MEC to publish founding agreement
· Dissolution of MTA’s if applicable
COMPULSORY FUNCTIONS OF TA’S Must: · Prepare transport plans
· Develop transport policy
· Perform financial planning
· Manage movement of persons & goods
· Promote public participation Must by a date determined by the Minister in consultation with the MEC:
· perform transport contracting function
· Wide rage of optional functions in Provincial Chapter
· Optional functions can be added to by Provincial legislation
TRANSPORT EXECUTIVES · Technical and administrative personnel
· Municipal administration
· One or more municipal departments
· Separate body
· Province
BOUNDARIES OF TA’S · Determined by:
dominant passenger movements
economic inter-dependency between inhabitants
integrated land use and transport development potential
extent of public transport services
physical characteristics
other criteria - provincial legislation
· MEC to consult MECs for Local Gov’t & Finance
· Provision is made for cross-provincial TA’s and agreements between the relevant MEC’s
FINANCES OF TA’S · Management of finances of TA’s prescribed - similar to the Local Government Transition Act
PROVINCIAL PERMISSIONS BOARDS · An Independent body
· A single Board to be established + administrative offices in regions if required
· TA can establish a Board for T/Area only if all compulsory functions are taken-over & capabilities are demonstrated
· To receive, consider and decide upon
- new applications
- renewals, amendments or transfers
- conversions
· Procedures to be prescribed by MEC
PROVINCIAL REGISTRARS · One Registrar per Province
· Provincial Transport Registrar - interim only taxi functions
· Panel of Assessors
· Not part of impartiality provision in National Principles
· Provision for disclosure of interest
FUNCTIONS OF PROVINCIAL REGISTRARS · Disposing of applications
· Monitoring compliance
· Promote professional practices
· Suspension & cancellation
· Establish & maintain Provincial Register
· Report annually to MEC
APPEAL BODIES · National Transport Appeal Tribunal (TAT-Act)
- handles inter provincial and cross border appeals and intra provincial in absence of Provincial Appeal Body
· Provincial Appeal Body
APPLICATION FOR PERMISSIONS · Permission pre-requisite to operate
· Permission not a right
· Permit to be converted to permission
· New permissions - 5 year validity
· Disposals ito transport plans
· Requirements and disqualifications
· Notice of applications
· Permissions for contracted services
· Duties of the holder of a permission
· Permissions Board to which applications must be made
- Province in which operate
- >2 Provinces - origin
- renewal, amendment or transfer - original Province
PERMISSIONS: VEHICLE SIZES (excl the driver)
NEW - 1 OCT 2004/6
· Motor car: 1 - 8 - 1 - 8
· Mini-bus: 9 - 18 - 18
· Midi-bus: 19 - 35 - 35
· Bus: >35 >46
CONVERSION OF PERMITS Type of permit : Converted to: Radius or area: Route or network based
Metered taxi: Particular area
Long distance: Specify routes and ranks
Minibus-taxi: Vehicle up to 35 seats (2 for 1) "4 +1" : Vehicle 9-18 (2for 1)
Vehicle up to 35
Indefinite period
Indefinite period except where converted to a larger vehicle
Definite period same period PERMISSION Normal disposal procedures
Cancellation of permission-not in use
Uniform information on permission
Contents of permission
Duties of the permission holder
Registration-prerequisite for permission
CONVERSION OF PERMISSIONS Same authority as for old permit
Done before a date prescribed by Minister
Manner to be prescribed by MEC
To larger vehicles - published in Provincial Gazette
REGULATED COMPETITION SERVICES TO BE PROVIDED ITO:
- subsidised service contracts
- negotiated service contracts
- commercial service contracts
- permissions only
All subsidized services » subsidized service contracts or Negotiated contracts by the MEC in consultation with the MINISTER
Negotiated contracts only:
- to promote SMME’s and PDI’s or
- to restructure parastatal or municipal service
- once off between for service not previously on tendered contract
- publication of intent
- model tender doc’s to be used
Qualifying as a tenderer:
- operate on business principles with financial ringfencing
- liable to pay income tax
- current unscheduled service operator registered with Provincial Registrar
Municipal or parastatal operator may qualify for subsidised contract once only where:
- the service was operated on 1 October 1996; and
- the service was not previously an interim or current tendered contract
FINANCIALLY RINGFENCED:
- business conducted separately from any other
- keep separately accounting records
- financially sustainable
- no unfair advantage to financial or other support or resources
TA not to operate a transport service
No contract between a municipality and any TA to operate a service unless it adheres to specified criteria
RAIL SAFETY REGULATOR Deleted from NLTTB
Will be published with other rail related legislation
LAW ENFORCEMENT Success of implementation of NLTTB depends on effective law enforcement
To link transport law enforcement with other law enforcement agencies, such as Cross Border, traffic and municipal police To link with AARTO (Def of operator)
Offences & penalties
- The Bill provides a list of offences & penalties
MEC may appoint inspectors
- The Bill provides a list of powers
Impoundment of vehicles
- Bill provides for circumstances of impoundment pending an investigation
- Such vehicles to be taken to a depot as established by the MEC
GENERAL Transitional provisions
- conviction under previous law = conviction in terms of this Act be regarded as conviction committed i.t.o this Act
- distinguishing mark = valid i.t.o this Act until permit is converted, withdrawn or cancelled