31 March 2000
NATIONAL LAND TRANSPORT TRANSITION BILL, 2000 [B 5- 2000]
AMENDMENTS TO BE PROPOSED BY THE NATIONAL DEPARTMENT OF TRANSPORT
[Note: Redrafted clauses, formal amendments and amendments to rectify printing or typing errors, are set out in Annexure A.]
1. Clause 4
Amend to re-insert the policy principles contained in earlier versions of the Bill.
2. Clause 15
Amend paragraph (1)(b) to add that the Minister may also provide funds to provinces and municipalities.
3. Clause 16
Amend paragraph (1)(b) to add that the MEC may also provide funds to municipalities.
4. Clause 19
Amend paragraph (2)(c) to the effect that planning authorities that are not transport authorities or core cities, will be required to prepare public transport plans only if required to do so by the MEC.
5. Clause 26
Amend sub-clause (1) to provide that planning authorities that are not transport authorities or core cities, will be required to prepare public transport plans only if required to do so by the MEC.
6. Clause 30
The Gauteng Public Transport, Roads and Works Committee has requested that a provision be added to sub-clause (1) to provide that the MEC may set terms and conditions of office of members of the provincial permissions board, in agreement with the MEC responsible for finance, in the same way that the MEC may set terms and conditions in appointing the provincial transport registrar under clause 52(1).
7. Clause 31
Amend so that the restrictions on the use of "old-style vehicles" does not apply to foreign-based operators, and to provide that the Minister may make exceptions to the restrictions on such old-style vehicles by notice in the Gazette, in consultation with the MECs and the national Minister for Trade and Industry.
8. Clause 37
8.1 Delete the words "except where provincial laws provide for exemptions from this requirement" in clause 37(1)(a). The publication of permit applications in the national Gazette was seen as a national norm by the drafting committee.
8.2 Amend clause 37 to provide that where permits are converted from radius or area-based permits to route based permissions, and in the case of "be legal" applications (see new clause 40A below), each application does not have to be published individually in the Government Gazette, but the permissions board may publish a general notice stating that the applications can be viewed at its offices. The details will then be posted on a notice board at the office of the permissions board.
9. New clause 40A
Insert a new clause 40A to provide for the "be legal" campaign, and renumber the clauses accordingly. The new clause will provide for the following:
Each MEC may make regulations providing that the permissions board must issue a permission to an operator that complies with the "be legal" criteria. Such operators have been unable to obtain permits in the past due to reasons beyond their control.
The criteria will be the following:
provisionally;
in certain cases, must have had it so registered for a prescribed time;
(c) the applicant must have been operating on a "bona flde" basis for the
prescribed period.
The board will still consider the matters set out in clause 82(1) (previous convictions etc.), and will submit the application to the relevant planning authorities for recommendations as to ranking space.
Special application forms will be provided for the "be legal" applications.
Applicants who have applied for "special legalisation" before commencement of the Act will not have to re-apply.
The regulations may provide for a "moratorium" on the issuing of new permissions for minibus taxi-type services until transport plans are in place or the MEC, in consultation with the Minister, lifts the moratorium. The MEC will be able to grant exemptions from the moratorium, on the advice of the planning authority, in respect of specified numbers of operators on specific routes.
10. Clause 50
Amend clause 50(3)(c) to make it clearer that, when a permission or permit is withdrawn because of an excess of capacity on a route, operators who receive subsidies can still qualify for compensation, as long as the specific service in respect of which the permission or permit is withdrawn is not subsidised. Municipal operators whose services have not yet been corporatised, will also not qualify for compensation.
11. Clause 78
Replace the words "MEC by notice in the Provincial Gazette" in clause 78(2)(a) with "Minister under section 32(2)". This was an oversight.
12. Clause 115
Amend the introductory portion of clause to remove the requirement for consultation.
The reason is because this requirement applies in terms of the Promotion of
Administrative Justice Act, 2000, and it would prevent the MECs from merely referring to standard constitutions and codes of conduct that have already been published.
13. New clause 128A
13.1 Repeal sections 3, 4, 5 and 6 of the National Land Transport Interim Arrangements Act, 1998 (Act No.45 of 1998), as these matters are covered in the Bill.
13.2 Amend the definition of "bus" in the Road Traffic Act, 1989 and the National Road Traffic Act, 1996, to bring them into line with this Bill.
13.3 Amend the Urban Transport Act, 1 977 to provide that grants or loans may be made from the [national] Urban Transport Fund to enable transport authorities to fulfil their functions under this Bill.
14. Figure 1 (page 71)
Figure 1 should be replaced to correct typographical errors.
ANNEXURE A: REDRAFTED CLAUSES AND TYPING ERRORS
[Note: Additions are underlined, and omissions are shown in bold type between square brackets.]
1. Clause 1(1)(i)
Amend the introductory portion of the definition & "association" as follows:
"(i) "association" means any group of persons formed primarily in relation to [for] the operation of minibus taxi-type services, and-"
2. Clause 1(1)(xxxi)
In line 21 (page 8) "an infrastructure" should read "any infrastructure".
3. Clause 1(1)(Lxxiii)
Amend the definition of "public transport" as follows:
"(Lxiii) 'public transport service" means a service for the carriage of passengers by road or rail, where the service is provided for a fare or other consideration or reward, whether the service is subiect to a contract or not, and including any service that is-[(a) operated in terms of a commercial service contract;
(b) operated in terms of a subsidised service contract;
(c) operated, in the interim, in terms of a current tendered
contract or interim contract;]
(a) a scheduled service
(b) an unscheduled service which includes a minibus taxi-type service;
(c) [(d)] a charter service;
(d) [(e)] a long-distance service;
(e) [(f)] a metered taxi service;
[(g) an unscheduled service which includes a minibus taxi-type service;
(h) a scheduled service;]
(f) [(i)] a rail service;
(g)[(j)] a tourist service;
(h)[(k)] a staff service.
Except if clearly inappropriate, the term "public transport" must be interpreted accordingly;"
4. Clause 1(1)(Lxxiii)
In line 26 (page 10) add "disabilities" after "with".
5. Clause 4(1)
Delete clause 4(1) and replace with the following:
"(1) The following Principles apply with regard to the determination formulation, development and application of land transport policy in the Republic:
(a) Public transport services –
(i) are aimed at Providing affordable transport to the public;
(ii) are so designed as to achieve -
(aa) integration of modes'
(bb) cost efficiency and service quality;
(cc) the optimal allocation and utilisation of available resources:
market development
(iii) are so designed as to have –
(aa) value to the customer and
(bb) the least harmful impact on the environment;
(iv) are so designed that appropriate modes should be selected arid planned for on the basis of where they have the highest impact on reducing the total systems cost of travel and this decision should be informed by an appropriate assessment of the impact on the customer and anticipated customer reaction to such change;
are planned so that customer needs must be met by facilitating customer reaction to system change in the Planning process and by maximising the integration of such services;
(vi) are planned where possible so that subsidies are aimed to assit currently marginalised users and those who have poor access to social and economic activity.
(b) All role players must strive to achieve an effective land transport system through integrated planning, provision and regulation of infrastructure and services and diligent and effective law enforcement.
(c) Public transport services, facilities and infrastructure must be so provided and developed as to integrate the different modes of land transport.
(d) Safety and effective law enforcement must be promoted as vital factors in land transport management and regulatory systems, and the efforts in this regard of all competent authorities and functionaries must be coordinated to prevent duplication.
(e) For the purposes of land transport planning and the provision of land transport infrastructure and facilities, public transport must be given higher priority than private transport.
(f) Scarce resources available for the provision of land transport must be used optimally.
(g) Investment in infrastructure and operations must promote economic financial, technical and environmental sustainability.
(h) Effectiveness and efficiency must be promoted in the provision and operation of land transport services and administering land transport matters.
(i)Co-ordination of institutional functions in land transport must be promoted.
(j)Land transport functions must be integrated with related functions such as land use and economic planning and development through, among others, development of corridors, and densification and infilling and transport planning must guide land use and development planning.
(k)The needs of special categories of passengers must be considered in planning and providing public transport infrastructure, facilities and services and these needs should be met as far as may be possible by the system provided for mainstream public transport.
(l)The participation of all interested and affected parties, include vulnerable and disadvantaged persons, in transport Planning must be promoted, taking into account that people must have the opportunity to develop the understanding, skills and capacity necessary to achieve eguitable and effective participation.
(m)The computerised land transport information systems of the national government, provinces, municipalities and transport authorities must be compatible with one another and be so designed as to allow mutual access as well as access by the systems of the provinces' permissions boards. and the systems of planning authorities, subiect to section 6.
All spheres of government must promote public transport and the flow of inter-provincial transport and cross-border road transport.
The principle of user charging or cost recovery from direct users must be applied_wherever appropriate and possible, in that such users should pay for all or most of the costs related to the service or activity in guestiori."
6. Clause 5(6)(a) and (b)
In lines 17 and 22 (page 13), "MECS" should read "MECs".
7. Clause 10(13)
In line 22 (page 16) subsection (6)" should read "subsection (7)".
8. Clause 15(1)(b)
Amend as follows:
(b) The Minister may, from funds contemplated in paragraph (a), make moneys available to provinces, municipalities or transport authorities to assist them in performing their functions in terms of this Act or replacing provincial laws."
9. Clause 16(1)(b)
Amend as follows:
"(b) The MEC may, from funds received or appropriated under paragraph (a), make moneys available to municipalities or transport authorities to assist them in performing their functions in terms of this Act or replacing provincial laws [,and achieving the objects thereof]
10. Clause 19(2)(c)
Amend as follows:
"(c) every [planning authority] transport authority and core city, and every municipality reguired to do so by the MEC, must prepare a public transport plan of which a current public transport record and a permissions strategy, and, if it has subsidised public transport services, a rationalisation plan, form components;"
11. Clause 26(1)
Amend as follows:
"(1) Every [planning authority] transport authority and core city, and every municipality reguired to do so by the MEC, must, by the date determined by the MEC, prepare a public transport plan with a view to determining and specifying the public transport services that it wishes to have provided in terms of the matters mentioned in section 23(3)(a,) and (b)."
12. Clause 27(2)(c)
In line 4C (page 25) "aspect of airport" should read "aspects of airports".
13. Clause 30(1)
Amend sub-clause (1) as follows:
"(1 Subject to subsection (2), every MEC must establish a permissions board for the province and appoint, on terms and conditions agreed to between the MEC and the member of the executive council' responsible for finance, fit and proper persons as members thereof who are characterised by their independence, impartiality and fairness and who further are suitable for membership by reason of their understanding of and expertise in or knowledge of the public transport industry."
14. Clause 30(4)
In line 54 (page 27) "subsection (2)" should read "subsection (3)".
15. Clause 31(1)
Amend as follows:
"31. (1) Despite this Act or any other law, from a date to be determined by the Minister by notice in the Government Gazette, which may not be earlier than 1 October 2004, permissions may only be issued for vehicles designed or lawfully adapted by a registered manufacturer in compliance with the Road Traffic Act, 1989 (Act No.29 of 1989), according to acceptable safety standards to carry-
(c) 35 persons, excluding the driver; or
(d) 46 or more persons, excluding the driver, unless the Minister provides otherwise by notice in the Government Gazette, in consultation with the MECs and the Minister of Trade and Industry in the national sphere of government."
16. Clause 31(2)
Amend as follows:
'(2) Despite this Act or any other law, from a date to be determined by the Minister by notice in the Government Gazette, which may not be earlier than 1 October 2006, no vehicle may be used for the operation of a public transport service, except by a foreign carrier as defined in section 1 of the Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998), unless it is a vehicle contemplated in subsection (1) or unless the Minister provides otherwise by notice in the Government Gazette, in consultation with the MECs and the Minister of Trade and Industry in the national sphere of government.
17. Clause 32(3)
Amend as follows:
"(3) Subject to subsections (5) and (6), a permit authorising services by means of a minibus may be converted to a permission for a minibus, even if the number of authorised Passengers increases, but a conversion under this section may not have the result that the total number of passengers that may be conveyed in terms of the permission is more than fifteen percent greater than the total number of passengers that could be conveyed under the permit or permits from which the permission was converted, unless this Act or relevant transport plans allow for this."
18. CIause35
In line 36 page 29) "32 of 78" should read "32 or 78'.
19. Clause 37(1)
Amend sub-clause (1) as follows:
"(1) A permissions board must by notice in the Government Gazette in the manner and within the time prescribed by the MEC, give notice of receipt of an application for-
(a) the granting, renewal, amendment or transfer of permissions, [except
where provincial laws provide for exemptions from this requirement]; and
(b) the conversion of permits to permissions where the permit is converted from a radius or area based permit to a route based permission, or where there is a conversion to a permission for a [larger] vehicle which is more than 15 percent larger, and in that notice state the essential particulars of the applications prescribed by the MEC, subiect to subsection (2) and invite interested persons to comment and make representations with regard thereto by a specified date."
Add a new sub-clause (2) and renumber the existing sub-clause (2) as (3):
"2 In the case of applications contemplated in paragraph (b) of subsection (1 ) and subsections (5) and (6) of section 40A. where the applicant has already applied for a permit as contemplated in subsection (7) of that section, the permissions board may, instead of stating such particulars in the notice in the Gazette, state that such particulars are available for inspection at the board's offices, if it posts the particulars on a notice board at its offices in a prominent position for the relevant period"
20. Clause 40(1)
In line 52 (page 30) insert a comma after "46(3)".
21. Clause 40A
Insert a new clause 40A as follows:
"40A. (1) Despite the other provisions of this Act, the MEC. in consultation with the Minister, may prescribe regulations providing that the permissions board must grant permissions to public transport operators for minibus taxi-type services whose associations applied for their registration on or before 30 June 1997, subiect to subsection (2), where such operators have not been able to apply for or obtain permissions in the past due to reasons beyond their control.
(a) that the permissions board must grant the permission if the applicant complies with criteria set by the MEC in the regulations, in consultalion with the Minister, but subject to the following-
(i) The board must consider the matters set out in section 82 (1);
(ii) the vehicle to which the application relates must be registered in
the name of the applicant;
(iii) the applicant must be a member of a registered or Provisionally registered association, which applied for registration on or before 30 June 1997;
(iv) the routes in respect of which the applicant's association was registered, must have been verified in the manner prescribed by the MEC;
(v) the board must submit the application to the relevant Planning authority for recommendations on the matters set out in section
82(1 )(b), and must consider those recommendations, subject to section 39(5);
(vi) the applicant must have applied for the permission on or before a date set by the MEC in the regulations, in consultation with the Minister;
for special Procedures and forms in respect of applications contemplated in this subsection;
that applicants who have already applied for permits before the date of commencement of this Act, need not re-apply if they meet the requirements set in the regulations; and
that no new permissions may be granted for minibus taxi-type services in the province, apart from those contemplated in subsection (1), until a date set by the MEC in the regulations, in consultation with the Minister, but that the MEC may grant exemptions from this requirement in respect of specific routes on advice from the relevant planning authority."
22. Clause 46(3)(f)
Amend paragraph (f) as follows:
"(f)the public transport operator concerned[-
(i) complies with section 47(1), subject to section 47(2); and
(ii)] may not for a period of such negotiated contract calculated as 80 percent of that period, beginning on the date of commencement thereof, be party to any other current tendered contract or subsidised service contract, or another contract negotiated under this subsection."
23. Clause 50(3)(c)
Amend paragraph (c) as follows:
"(c) the public transport service to which that permission relates on the route or routes in question, is supported financially or operated by a [municipality] municipal transport operator that is not yet financially
ring fenced or [operated by an institution that] is funded wholly or partly
by the State; or"
24. Clause 78(2)(a)
Amend paragraph (a) as follows:
"(a) in the case of a permit for an indefinite period, before the expiry of the period determined by the Minister under section 32(2) [MEC by notice in the Provincial Gazette].
25. Clause 82(1)(f)
Amend paragraph (f) as follows:
"(f) recommendations or representations duly submitted in connection with the application by the planning authority, applicant or any other interested party;"
26. Clause 82(4)(a)
Amend paragraph (a) as follows:
"(a) The permissions board may grant an application for the granting, renewal, amendment or transfer of a permission for a non-contracted service subject to any conditions, determined by it, that are not inconsistent with this Act or with relevant provincial laws or transport plans [but subject to section 40]."
27. Clause 86(a)
In line 25 (page 49), add the words "or operator" after "owner".
28. Clause 88(1)(a)
Amend paragraph (1 )(a) as follows:
"(a) The planning authority may authorise a particular vehicle specified in a permission to be operated for a long-distance [longdistance) service, despite the fact that such a vehicle is specified in the [a] permission to be used for a public transport service provided for in a [public] transport plan."
29. Clause 104(1)
In line 15 (page 57) "section 102(2)" should read "section 102(3)".
30.Clause 107(3)(a)
In line 10 (page 58) "section 74" should read "section 78".
31. Clause115(1)
In lines 13 and 14 (page 62), delete the words "and after having followed the appropriate public consultation procedure".
32. Clause 118(1)(c)(iii)
Amend sub-paragraph (iii) as follows:
"(iii) who does not hold an appropriate permission or permit for each vehicle used by the non-member to operate a public transport service. [or has not applied for such a permission in the case of a non-member provisionally registered.]"
33. Clause 118(2)
Amend sub-clause (2) as follows:
"(2) An association, member or non-member whose registration or provisional registration has been cancelled or temporarily suspended as provided for in this section or a provincial law, must return the registration certificate or certificate of provisional registration and the distinguishing marks (if any) issued with regard to the registration or provisional registration so cancelled or suspended to the Registrar within the time prescribed by the MEC [specified in provincial laws] ."
34. Clause 126(1)(k)
Delete paragraph (k) and renumber the existing paragraphs (I) to (r).
35. Clause 126(2)(a)
Amend the first part of paragraph (a) as follows:
"(a) paragraphs (a), (b),(d), (e) or [(r)] of subsection (1)
36. Clause 127(6)
Amend sub-clause (6) as follows:
"(6) Appeals concerning interprovincial transport must be noted with the [or other provincial legislation or to the] Transport Appeal Tribunal in terms of the Transport Appeal Tribunal Act, 1998 (Act No.39 of 1998)."
37. Clause 128A
Insert a new clause 128A as follows:
"Repeal
"128A. (1) Sections 3, 4, 5 and 6 of the National Land Transport
Interim Arrangements Act, 1998 (Act No.45 of 1998), are hereby repealed.
(2) The definition of "bus" in section 1 of the Road Traffic
Act, 1989 (Act No.29 of 1989) is hereby amended as follows:
""bus" means a motor vehicle designed or adapted for the conveyance of
more than 35 [16] persons (excluding [including] the driver, if any);?
(3) The definition of "bus" in section 1 of the National Road Traffic Act, 1996 (Act No.93 of 1996) is hereby amended as follows:
""bus" means a motor vehicle designed, or adapted by a manufacturer
registered in compliance with section 5 for the conveyance of more than
35 [16] persons (excluding [including] the driver, if any);
(4) Section 1 OA of the Urban Transport Act, 1977 (Act No.78 of 1977) is hereby amended by adding the following paragraph:
"(g) make a grant or loan to a transport authority, as defined in section 1 of the National Land Transport Transition Act, 2000 (Act No. of 2000). to enable it to perform its functions under that Act;"
38. Figure 1
Substitute the following figure for Figure 1: