NATIONAL LAND TRANSPORT TRANSITION BILL, 2000

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NATIONAL LAND TRANSPORT TRANSITION BILL, 2000
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BRIEFING OF NATIONAL COUNCIL OF PROVINCES 8
FEBRUARY 2000
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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.

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PROCESS LEADING TO NLTTB (2)

• 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.

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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

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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

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STRUCTURE OF THE NLTTB

• CHAPTER 1 Introductory matters
• CHAPTER 2 Matters of National concern
• CHAPTER 3 Matters of Provincial
  concern
• CHAPTER 4 General matters

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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

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SCOPE OF THE BILL (2)

• Institutional structures
• Planning
• Public transport
• Regulation enforcement
• Impacts on
• Tourism
• Freight

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PILLARS OF THE BILL
REGULATED COMPETITION RESTRUCTURING OF THE MODES
EFFECTIVE TRANSPORT LAW ENFORCEMENT
APPROPRIATE INSTITUTIONAL BODIES
SUSTAINABLE FUNDING
PLANNING
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PRINCIPLES OF NATIONAL POLICY

• Not included in the Bill, to be published in
  regulations

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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

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PRINCIPLES OF NATIONAL POLICY (2)

• Impartiality
• Members of Permissions Boards
• Staff of Boards directly involved
• Members of Appeal Boards
• Officials of PAs - developing permissions
  strategy
• Officials - transport law enforcement
• Registrar

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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

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FUNCTIONS OF THE MECs

• 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 PAs
• Making regulations on Chapter 3-issues

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INSTITUTIONAL STRUCTURES
Transport Appeal Tribunal
Taxi Registrar
Permissions Boards
TA/PA
Provincial Transport Appeal Body
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PURPOSE OF TRANSPORT AUTHORITIES

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

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TRANSPORT AREAS
BASED ON MUNICIPAL BOUNDARIES OR COMBINATIONS
THEREOF
NOT BASED ON MUNICIPAL BOUNDARIES OR COMBINATIONS
THEREOF
OR
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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 MTAs if applicable

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COMPULSORY FUNCTIONS OF TAS

• 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

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FUNCTIONS OF TAS (2)

• Wide rage of optional functions in Provincial
  Chapter
• Optional functions can be added to by Provincial
  legislation

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TRANSPORT EXECUTIVES

• Technical and administrative personnel
• Municipal administration
• One or more municipal departments
• Separate body
• Province

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BOUNDARIES OF TAS

• 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 Govt Finance
• Provision is made for cross-provincial TAs and
  agreements between the relevant MECs

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FINANCES OF TAS

• Management of finances of TAs prescribed -
  similar to the Local Government Transition Act

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SOURCES APPLICATION
FISCUS
NATIONAL FUNCTIONS TA CONDITIONAL GRANTS (PROV
TAS)
BUDGET
NATIONAL
LEGISLATURE
PROVINCIAL FUNCTIONS TA CONDITIONAL GRANTS (PROV
TAS) CONDITIONAL GRANTS
BUDGET
PROVINCIAL
COUNCIL
LOCAL FUNCTIONS TA CONDITIONAL GRANTS CONDITIONAL
GRANTS
BUDGET
LOCAL
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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

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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

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FUNCTIONS OF PROVINCIAL REGISTRARS

• Disposing of applications
• Monitoring compliance
• Promote professional practices
• Suspension cancellation
• Establish maintain Provincial Register
• Report annually to MEC

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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

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PLANNING
Submit to Minister
Initially as a guide for planning authorities in
Province
Current Public Transport Record All planning
authorities
Permission Strategy Planning authorities with
road based public transport
Rationalisation Plan Planning authorities
with subsidised public transport
Provincial Land Transport Framework
National Land Transport Strategic Framework
Integrated Development Plan
Public Transport Plan Planning authorities
with public transport
Submit to Minister / MEC with certain aspects for
approval
Integrated Transport Plan At request of
MEC - includes all aspects transport
Subsequent ones contain brief summary of plans
and some detail on inter provincial and inter
planning area transport
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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, KPIs, tourism,the
  environment, land use,inter-provincial and
  persons with disabilities

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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
• - KPIs

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INTEGRATED TRANSPORT PLAN

• To be done annually by TAs, 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

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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

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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

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REGISTRATION

• Establishment of National Transport Register
• Info re associations, members vehicles
• Database - monitoring implementation
• Sensitivity of information

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REGISTRATION (2)

• In one Province only - where association is based
• Registration ito Provincial legislation
• provisionally registered
• Full registration only when all members have
  permissions

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REGISTRATION (3)

• Uniform info on certificates marks
• Constitution Code of Conduct - prescribed by
  Minister in consultation with MECs

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BENEFITS OF REGISTRATION

• Economic assistance (incl taxi-recapitalisation)
• Tender for contracts

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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

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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
• - gt2 Provinces - origin
• - renewal, amendment or transfer - original
  Province

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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 gt35 gt46

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CONVERSION OF PERMITS

• Converted to

Type of permit
Radius or area
Route or network-based
Metered taxi
Particular area
Long distance
Specify routes ranks
Minibus-taxi
Vehicle up to 35 seats (2 for 1)
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CONVERSION OF PERMITS

• Converted to

Type of permit
4 1
Vehicle 9 - 18 (2 for 1)
Vehicle up to 35 (4 for 1)
Indefinite period except where converted to a
larger vehicle
Indefinite period
Definite period
Same period
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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

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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

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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

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REGULATED COMPETITION

• SERVICES TO BE PROVIDED ITO
• - subsidised service contracts
• - negotiated service contracts
• - commercial service contracts
• - permissions only

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REGULATED COMPETITION (2)

• All subsidized services subsidized service
  contracts or
• Negotiated contracts by the MEC in consultation
  with the MINISTER

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REGULATED COMPETITION (3)

• Negotiated contracts only
• - to promote SMMEs and PDIs or
• - to restructure parastatal or municipal
  service
• - once off between for service not previously
  on tendered contract
• - publication of intent
• - model tender docs to be used

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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

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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

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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

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REGULATED COMPETITION (7)

• CONTRACTING AUTHORITIES
• - Provinces
• - TAs
• - Core cities

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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

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RAIL SAFETY REGULATOR

• Deleted from NLTTB
• Will be published with other rail related
  legislation

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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)

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LAW ENFORCEMENT (2)

• Offences penalties
• - The Bill provides a list of offences
  penalties
• MEC may appoint inspectors
• - The Bill provides a list of powers

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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

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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