NATIONAL LAND TRANSPORT TRANSITION

BILL, 2000

BRIEFING OF NATIONAL COUNCIL OF PROVINCES

8 FEBRUARY 2000

PROCESS LEADING TO NLTTB

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.

PROCESS LEADING TO NLTTB (2)

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

FURTHER CONSULTATION & APPROVAL

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

CHAPTER 1: Introductory matters CHAPTER 2: Matters of National

concern CHAPTER 3: Matters of Provincial

concern CHAPTER 4: General matters

STRUCTURE OF THE NLTTB

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No current legislation will be repealed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Chapter 3 provisions assist Provinces without adequate legislation & may be repealed by provincial legislation.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

SCOPE OF THE BILL (2)

Institutional structures Planning Public transport Regulation & enforcement Impacts on:

– Tourism – Freight

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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

PRINCIPLES OF NATIONAL POLICY (2)

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

Provincial Transport Appeal Body

Permissions Boards

Taxi Registrar

TA/PA

Transport Appeal Tribunal

INSTITUTIONAL STRUCTURES

PURPOSE OF TRANSPORT AUTHORITIES

Improved transport service delivery by grouping the transport functions into a single well-managed and focussed institutional structure

TRANSPORT AREAS

BASED ON MUNICIPAL BOUNDARIES OR COMBINATIONS

THEREOF

NOT BASED ON MUNICIPAL

BOUNDARIES OR COMBINATIONS

THEREOF

OR

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 plansDevelop transport policyPerform financial planningManage movement of persons & goodsPromote public participation

Must by a date determined by the Minister in consultation with the MEC:perform transport contracting function

FUNCTIONS OF TA’S (2)

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

SOURCES APPLICATION

LOCAL

COUNCIL

NATIONAL

FISCUS

LEGISLATURE

BUDGET

BUDGET

BUDGET

LOCAL FUNCTIONS

TA

CONDITIONAL GRANTS

CONDITIONAL GRANTS

NATIONAL FUNCTIONS

TA

CONDITIONAL GRANTS (PROV & TA’S)

PROVINCIAL FUNCTIONS

TA

CONDITIONAL GRANTS

(PROV & TA’S)

CONDITIONAL GRANTS

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

PLANNING

Current Public Transport Record All planning authorities

Public Transport Plan Planning authorities with

public transport

Permission Strategy Planning authorities with

road based public transport

Integrated Transport Plan At request of MEC -

includes all aspects transport

Rationalisation Plan Planning authorities with

subsidised public transport

Submit to Minister

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Submit to Minister / MEC

with certain aspects for

approval

Subsequent ones contain brief

summary of plans and some detail

on inter provincial and inter planning area transport

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Initially as a guide for planning authorities in

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NATIONAL LAND TRANSPORT STRATEGIC FRAMEWORK

Annually for a 5-year horison To guide land transport planning countywide National policy Promote integration of planning Describe conflict resolution mechanisms Strategies for – freight,rail,national

roads,cross-border, KPI’s, tourism,the environment, land use,inter-provincial and persons with disabilities

PROVINCIAL LAND TRANSPORT FRAMEWORK

Annually for a 5-year horison

- Summary of local plans

- Co-ordination of local planning

- Budget

- Conflict resolution

- Strategy re special passengers & learners

- Strategy re movement of dangerous goods

- Detail re inter- and intra-provincial long distance passenger services

- KPI’s

INTEGRATED TRANSPORT PLAN

To be done annually by TA’s, core cities and specific municipalities required by MEC

Content:

- PTP but linked to IDP (land-use)

- Policy & strategies

- Budget and funding sources

- TDM-strategies

- Plan re movement of dangerous goods

- Proposed projects (all modes and infrastructure)

To be submitted to MEC approval

CHANGES IN LAND-USE AND PUBLIC TRANSPORT SERVICES

All persons and institutions are bound by the plans (excl CPTR and permission strategy)

Not only intensification of land use also disinvestment decisions

PUBLICATION OF PLANS

Notices of prescribed particulars to be published for:

- Public Transport Plan

- Integrated Transport Plan

- Provincial Land Transport Framework

- National Land Transport Strategic Framework

REGISTRATION

Establishment of National Transport Register

Info re associations, members & vehicles

Database - monitoring implementation Sensitivity of information

REGISTRATION (2)

In one Province only - where association is based

Registration ito Provincial legislation =

provisionally registered Full registration only when all

members have permissions

REGISTRATION (3)

Uniform info on certificates & marks

Constitution & Code of Conduct - prescribed by Minister in consultation with MECs

BENEFITS OF REGISTRATION

Economic assistance (incl taxi-recapitalisation)

Tender for contracts

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

APPLICATION FOR PERMISSIONS (2)

Permissions for contracted services Duties of the holder of a permission Permissions Board to which applica-

tions 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

Converted to:

Minibus-taxi

Type of permit

Vehicle up to 35 seats (2 for 1)

Radius or area Route or network-based

Metered taxi Particular area

Long distance Specify routes & ranks

CONVERSION OF PERMITS

Converted to:

Same period

Type of permit

Indefinite period except where converted to a larger vehicle

“4 + 1”

Vehicle up to 35 (4 for 1)

Vehicle 9 - 18 (2 for 1)

Indefinite period

Definite period

PERMISSIONS

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

PERMISSIONS (2)

Restriction of the use of same vehicle for long distance & commuter services:

- not allowed where it will be detrimental to the provision of commuter services

- only allowed with consent of P/A

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

REGULATED COMPETITION (2)

All subsidized services » subsidized service contracts or

Negotiated contracts by the MEC in consultation with the MINISTER

REGULATED COMPETITION (3) 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

REGULATED COMPETITION (4) Qualifying as a tenderer:

- operate on business principles with financial ringfencing

- liable to pay income tax

- current unscheduled service operator registered with

Provincial Registrar

REGULATED COMPETITION (5) 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

REGULATED COMPETITION (6) FINANCIALLY RINGFENCED:

- business conducted separately from any other

- keep separately accounting records

- financially sustainable - no unfair advantage to financial or other support or resources

REGULATED COMPETITION (7)

CONTRACTING AUTHORITIES

- Provinces

- TA’s

- Core cities

REGULATED COMPETITION (8)

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)

LAW ENFORCEMENT (2)

Offences & penalties

- The Bill provides a list of offences & penalties

MEC may appoint inspectors

- The Bill provides a list of powers

LAW ENFORCEMENT (3)

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