NATIONAL DEPARTMENT OF TRANSPORT AMENDMENTS TO THE NLTTA To address the areas that hamper the effective implementation of the Act

CONTENTS Background Main purposes of the amendments Proposed Amendments

BACKGROUND The NLTTA came into operation on 1st Dec 2000 (Part 7: 1 June 2002) May 2002 – Dept presented progress report on the status of implementation to the Portfolio Committee on Transport (PCT). PCT: commissioned an independent study to assess progress made in implementation: Palmer Report conducted public hearings ( SALGA, SACO, SABOA, et.al made presentations.

BACKGROUND (cont.) Key issues hampering implementation were identified. The Dept initiated & co-ordinated a review process to address /amend the problematic areas. W/shops were held & written submissions considered from stakeholders. Review framework developed.

BACKGROUND (cont.) Sep 2002 : Review process presented to LTCC, COTO and MINMEC. Issues divided into 4 priority areas. Priority 1 issues to be amended. Priority 2-3 to be part of the NLTA. This are medium to long term issues Priority 4 required clarity and interpretation Started the bill drafting process.

MAIN PURPOSES OF AMENDMENTS To provide for additional definitions. To review (simplify) the transport planning regime. To make provision for the new taxi vehicle sizes in anticipation of the TRP. To extend certain time limits. To extend duties/ responsibility of a holder of an operating licence

MAIN PURPOSE OF AMENDMENTS (Cont.) To extend the functions of the registrar, the Minister, the MECs, and the Operating Licence Board; To regulate the meter taxi and tourist services To regulate the conveyance of passengers by LDVs; To effect textual corrections and other matters.

PROPOSED AMENDMENTS & PURPOSE Section and Clause of the Act Issues and Purpose for the proposed amendment Section 1 Definition of an Association. Limited definition of association To expand the definition of an association to include other modes as opposed to reference to taxis only Definition of an adapted light delivery vehicle. Conveyance of people by LDVs in rural areas etc Safety Concerns of LDVs To provide for a definition of LDVs with the addition of provisions allowing conveyance of people with modified LDVs, under special cases where the Minister and MECs make special provision.

PROPOSED AMENDMENTS & PURPOSE (Cont. ) Section and Clause of the Act Purpose for the proposed amendment Definition of municipal public transport. To provide contextual meaning and clarity on municipal public transport. Definition of a bus To provide and align vehicles to the taxi recapitalisation process Definition of Midibus To re-align the definition in line with the New Taxi Vehicle (NTV) Definition of a Registered manufacturer To cater for modification and importing of vehicles in line with recapitalisation

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 5: Functions of the Minister Section 5(2)(d) To expand the functions of the Minister so that the Minister also sets targets for transformation of the land based public transport sector, in the context of Black Economic Empowerment. Section 5(5)(i) To acknowledge the role that TETA must make in transport education, training and development. Section 13(4) Cross reference to all legislation governing financial management in Transport Authorities

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act ` Purpose for the proposed amendment Section 18 To simplify the Transport Planning process by reducing the number of plans to be prepared Only an Integrated Transport plan is to be prepared by the planning authorities Section 19 To simplify the Transport Planning process by reducing the number of plans to be prepared in terms of the numbers of plans to be prepared

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 20(1)(a)(b) To correct cross referencing in terms of the Integrated Transport Plans Section 21(1)(a) To provide clarity the procedures to be followed in preparing the National Land Transport Strategic Framework. Section 21(1)(b) to be added To provide clarity frequency and the procedures to be followed in preparing the National Land Transport Strategic Framework. NLTSF- Update every two years

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 22(1)(a) To provide clarity on the frequency and procedures to be followed in preparing the Provincial Land Transport Framework. Section 22(1)(b) to be added Section 22(1)(c) to be added To make a requirement that the PLTF must be informed by the NLTSF. Section 22 (3)(gA) to be added To ensure that a Travel Demand Management strategy is prepared by all provinces.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 23 CPTR: To be repealed. Only Integrated Transport Plans are to be prepared Section 24 OLS: To be repealed. Only Integrated Transport Plans are to be prepared Section 25 RAT: To be repealed. Only Integrated Transport Plans are to be prepared Section 26 PTP: To be repealed. Only Integrated Transport Plans are to be prepared

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 27(1) Section 27(5) To provide clarity on the procedures to be followed in preparing the Integrated Transport Plan. To provide the clarity in the transportation of hazardous substances Section 28 To provide for only PLTF’s and rail components of ITP’s to be submitted to the Minister Section 29 (1) Clarify procedures of publication with regard to NLTSF and ITP

PRPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 29(2)(d)   To extend the time (from 30 to 90 days) required for the notification of the relevant planning authority prior to taking any action that may affect the quantity or availability of land transport. This will ensure that the planning authority is informed well in advance and to have sufficient time to analyse and respond on the issue. Section 29(4) To extend the time (from 28 to 90 days) in which the relevant planning authority must respond regarding the application for change or intensification in land use or development. This will allow the planning authority sufficient time in which to thoroughly examine the application.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 29(5) Cross reference to section 29(4) Section 31:Types of vehicles which may be used for Public Transport Section 31(1)(a) to (d) To redefine vehicle categories in line with the TRP. few than nine persons excluding driver 11-16 seated persons including driver 17-23 seated persons including driver 24-34 seated persons including driver More than 34 Section 31(6) to be added To provide for special cases for the usage of LDVs in areas where no appropriate land based public transport is available.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 38: Disqualification with regard to holding an operating licenses. Section 38(f) to be added To prevent / prohibit examiners of testing centers from holding operating licences. This is aimed at preventing corruption. Section 43: Duties of a holder of an operating license or permit. Section 43(c) to be added To force holders of operating licenses to inform the board where the vehicle to which the operating licence relates, changes ownership by any means. Section 43(b) to be added To prevent illegal operators who may first, acquire a vehicle, apply for an operating license, and then operate illegally when refused an OL due to transport plan.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 47: Regulated competition / Subsidised services. Section 47(3)(d) To extend the maximum contract period from 5 to seven years in order to support SMMEs and BEE. Section 47(3)(f) Remove restrictions of public transport operator to enter into another contract Section 78: Duties of the board Section 78(4)(b) To replace the LTP with information systems

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 89 To specify safe vehicle brakes Section 90 To clarify the provision with regard to amendment of operating licence in case of permanent replacement. Section 91: Special conditions relating to metered taxi and staff services. Section 91(A) to be added To expand the functions of the Minister to include setting specifications and standards for sealed meters for metered taxis. To make provision for the regulation of the tourist services by the Board in terms obtaining recommendation from tourism board

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 91(4) to be added To make provisions for the MEC to be able to determine a fare structure for metered taxis services where necessary. Section 94 To make provision for temporary replacement of specified vehicle Section 94(3)(i) To prescribe the capacity of the temporary replacing Section 94(3)(b) To ensure compliance of replacement vehicle in terms of the National Road Traffic Act, No. 93 of 1996

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 127: Offences and penalties. Section 127(r): to be added To provide conditions under which a penalty may be imposed for offences relating to illegal operation of LDVs and metered taxi operator

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