NATIONAL LAND TRANSPORT TRANSITION AMENDMENT BILL

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NATIONAL LAND TRANSPORT TRANSITION AMENDMENT BILL

• Briefing to National Council of Provinces
• 19 June 2001

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BACKGROUND

• NATIONAL LAND TRANSPORT TRANSITION ACT, 2000
  (ACT 22 OF 2000)
• - Promulgated June 2000
• - Brought into operation 1 December 2000
  excluding certain parts such as the planning
• Urgency to proceed - minibus-taxi processes

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1. BACKGROUND TO THE AMENDMENTSKEY ISSUES

• - DEFINITIONS NEED TO BE REALIGNED
• - PLANNING PROVISIONS OF THE ACT NOT
• YET OPERATIONAL
• Operating licences
• Contracts
• Conversions of permits
• - ALLOW SUBSIDISED SERVICES TO BE CONCLUDED
  WITH OUT TRANSPORT PLANS

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1. BACKGROUND TO THE AMENDMENTSKEY ISSUES

• - EXTENSION OF INTERIM AND CURRENT TENDERED
  CONTRACTS
• Implication of Golden Arrow court case
• - OPERATING LICENCE BOARD
• Lack of provincial legislation
• Remuneration of board members
• Quorum
• - REGISTRATION
• Permits or operating licence for registration

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1. BACKGROUND TO THE AMENDMENTSKEY ISSUES

• - DEFINITION OF BUS
• - National Road Traffic Act, 1996
• - TRANSITIONAL PROVISIONS
• - Proceed with processes without plans
• - CPTRs in terms Interim Act
• - Minister and MECs determine dates for plans
• - Transitional arrangements for provinces
  without OLB

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2. PROPOSED AMENDMENTS

• 1. DEFINITIONS
• - contracting authority and current tendered
  contracts in line with definition of planning
  authority
• - long distance service to include rail
• - planning authority amended due to Part 7 of
  Act not in operation
• - registered manufacturer to align it with the
  National Road Traffic Act, 1996
• 2. CORRECT INCORRECT REFERENCES

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2. PROPOSED AMENDMENTS

• 3. SECTION 47(1)
• - ensure no disruption of subsidised services
• - proceed with new tendered contracts without
  plans
• - allow for extension of interim and current
  tendered contracts
• 4. SECTION 49(3)
• - allow for payment of parastatal and municipal
  operators on negotiated contracts

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2. PROPOSED AMENDMENTS

• 5. SECTION 77
• MEC to provide for remuneration of members of OLB
  
• 6. SECTION 78
• - Add Powers to heading of section
• - Enables OLB to issue temporary permits ito
• - RTA or
• - Provincial Legislation or
• - When provincial laws are not clear

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2. PROPOSED AMENDMENTS

• 6. SECTION 78 (continued)
• Procedures of the board are addressed in
• the proposed subsection (6)
• 7. SECTION 112
• - Registration of new members of taxi
  associations will include
• - holders of permits
• - those who have applied for operating
  licences but not issued yet

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2. PROPOSED AMENDMENTS

• 8. SECTION 113
• - Non-members holding permits can be registered
• 9. SECTION 130
• - A printing error is corrected
• 10. SECTIONS 131 AND 132
• - Definition of bus is repealed to keep it
  line with the Road Traffic Act and until the
  standards of homologation are amended in the
  Standards Act. This address the safety standards
  of the vehicles.

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2. PROPOSED AMENDMENTS

• 11. SECTION 134 (Transitional Provisions) -
• Minimise disruption to activities of the due
  Part 7 (transport plans) not in operation
  provide for continuity
• CPTRs ito National Land Transport Interim
  Arrangements Act, 1998 to be acceptable
• Minister and MECs provide different dates for
  different areas wrt preparation of
• transport plans
• - Transitional arrangements for Provinces which
  do not have OLBs in place

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3. FINANCIAL IMPLICATIONS

• To clean up the Act and to provide for gaps
  between National and Provincial legislation
• No additional burden place on any sphere of
  Government
• If Act is not amended Government will not be
  able to proceed with certain actions due to
  potential court interdicts

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• THANK YOU