NATIONAL LAND TRANSPORT TRANSITION BILL, 2000

BRIEFING OF NATIONAL COUNCIL OF PROVINCES 8 FEBRUARY 2000

PROCESS LEADING TO NLTTB n White Paper principles were translated since 1997 into a draft NLTB. n 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. n In late 1998 it became clear that local government legislation timetables were behind. n 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.

n January 1999 a draft NLTTB published n February 1999 Mincom blocks the legislation for current term, but mandates process for first session of next parliament. n 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. n CABINET approved the draft Bill for further consultation and tabling. PROCESS LEADING TO NLTTB (2)

n Consultative meetings were held in each of the 9 Provinces and other stakeholders and Government Departments n COLTO and MINCOM subsequently approved amended version n Amended version certified on 28 January 2000 n Summary published on 7 February 2000 FURTHER CONSULTATION & APPROVAL

REASONS FOR THE NLTTB To enable: n Proper structuring of land transport planning n Establishment of appropriate institutional structures n 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 n basis for long term system

n CHAPTER 1: Introductory matters n CHAPTER 2: Matters of National concern n CHAPTER 3: Matters of Provincial concern n CHAPTER 4: General matters STRUCTURE OF THE NLTTB

SCOPE OF THE BILL n No current legislation will be repealed n Chapter 2 prescribes policies, principles, requirements, guidelines, frameworks, norms & standards that must be the same for all provinces and will take precedence in case of conflict n Chapter 3 provisions assist Provinces without adequate legislation & may be repealed by provincial legislation.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) n Institutional structures n Planning n Public transport n Regulation & enforcement n Impacts on: – Tourism – Freight

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

PRINCIPLES OF NATIONAL POLICY Not included in the Bill, to be published in regulations

PRINCIPLES OF NATIONAL POLICY n Co-ordination of institutional structures n Integrated planning n Priority to public transport & customer needs n Promote modal integration n User-charges & cost recovery n Optimal use of resources n Sustainable investment n Address needs of special categories of passengers n Effective transport law enforcement n Training and development n Public participation n Integrated information systems

Impartiality : n Members of Permissions Boards n Staff of Boards directly involved n Members of Appeal Boards n Officials of PA’s - developing permissions strategy n Officials - transport law enforcement n Registrar PRINCIPLES OF NATIONAL POLICY (2)

FUNCTIONS OF THE MINISTER n Making of policy n Monitoring implementation of policy n Preparing a NLT Strategic Framework n Making regulations on Chapter 2-issues n Monitoring the utilization of funds n Establishing an information system n Introducing a research program n Guiding education and training

FUNCTIONS OF THE MEC’s n Functions assigned by Constitution to Provinces, plus n Making of policy n Monitoring implementation of policy n Monitoring the utilization of funds n Assisting planning authorities n Preparing a Provincial LT-framework n Ensuring co-ordination between PA’s n 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 n 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 n Juristic person not subject to liquidation n Written agreement between MEC and municipality and the Minister whenever funds are provided by the NDOT n Consent not to withhold unreasonably n MEC to publish founding agreement n Dissolution of MTA’s if applicable

COMPULSORY FUNCTIONS OF TA’S Must: n Prepare transport plans n Develop transport policy n Perform financial planning n Manage movement of persons & goods n Promote public participation Must by a date determined by the Minister in consultation with the MEC: n perform transport contracting function

FUNCTIONS OF TA’S (2) n Wide rage of optional functions in Provincial Chapter n Optional functions can be added to by Provincial legislation

TRANSPORT EXECUTIVES Technical and administrative personnel n Municipal administration n One or more municipal departments n Separate body n Province

BOUNDARIES OF TA’S n 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 n MEC to consult MECs for Local Gov’t & Finance n Provision is made for cross-provincial TA’s and agreements between the relevant MEC’s

FINANCES OF TA’S n Management of finances of TA’s prescribed - similar to the Local Government Transition Act

PROVINCIAL SOURCESAPPLICATION LOCAL COUNCIL NATIONAL FISCUS LEGISLATURE BUDGET LOCAL FUNCTIONS TA CONDITIONAL GRANTS NATIONAL FUNCTIONS TA CONDITIONAL GRANTS (PROV & TA’S) PROVINCIAL FUNCTIONS TA CONDITIONAL GRANTS (PROV & TA’S) CONDITIONAL GRANTS

PROVINCIAL PERMISSIONS BOARDS n An Independent body n A single Board to be established + administrative offices in regions if required n TA can establish a Board for T/Area only if all compulsory functions are taken-over & capabilities are demonstrated n To receive, consider and decide upon -new applications -renewals, amendments or transfers -conversions n Procedures to be prescribed by MEC

PROVINCIAL REGISTRARS n One Registrar per Province n Provincial Transport Registrar - interim only taxi functions n Panel of Assessors n Not part of impartiality provision in National Principles n Provision for disclosure of interest

FUNCTIONS OF PROVINCIAL REGISTRARS n Disposing of applications n Monitoring compliance n Promote professional practices n Suspension & cancellation n Establish & maintain Provincial Register n Report annually to MEC

APPEAL BODIES n National Transport Appeal Tribunal (TAT-Act) -handles inter provincial and cross border appeals and intra provincial in absence of Provincial Appeal Body n 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 National Land Transport Strategic Framework 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 Provincial Land Transport Framework Initially as a guide for planning authorities in Province Integrated Development Plan

NATIONAL LAND TRANSPORT STRATEGIC FRAMEWORK n Annually for a 5-year horison n To guide land transport planning countywide n National policy n Promote integration of planning n Describe conflict resolution mechanisms n 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 n 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 n To be done annually by TA’s, core cities and specific municipalities required by MEC n Content: -PTP but linked to IDP (land-use) -Policy & strategies -Budget and funding sources -TDM-strategies -Plan re movement of dangerous goods -P roposed projects (all modes and infrastructure) n To be submitted to MEC approval

CHANGES IN LAND-USE AND PUBLIC TRANSPORT SERVICES n All persons and institutions are bound by the plans (excl CPTR and permission strategy) n Not only intensification of land use also disinvestment decisions

PUBLICATION OF PLANS n Notices of prescribed particulars to be published for: -Public Transport Plan -Integrated Transport Plan -Provincial Land Transport Framework -National Land Transport Strategic Framework

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

REGISTRATION (2) n In one Province only - where association is based n Registration ito Provincial legislation = provisionally registered n Full registration only when all members have permissions

REGISTRATION (3) n Uniform info on certificates & marks n Constitution & Code of Conduct - prescribed by Minister in consultation with MECs

BENEFITS OF REGISTRATION n Economic assistance (incl taxi- recapitalisation) n Tender for contracts

APPLICATION FOR PERMISSIONS n Permission pre-requisite to operate n Permission not a right n Permit to be converted to permission n New permissions - 5 year validity n Disposals ito transport plans n Requirements and disqualifications n Notice of applications

APPLICATION FOR PERMISSIONS (2) n Permissions for contracted services n Duties of the holder of a permission n 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 n Motor car n Mini-bus n Midi-bus n Bus >35 >46

CONVERSION OF PERMITS Converted to: Minibus-taxi Type of permit Vehicle up to 35 seats (2 for 1) Radius or areaRoute or network-based Metered taxiParticular area Long distanceSpecify 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 (2 for 1) Indefinite period Definite period

PERMISSIONS n Normal disposal procedures n Cancellation of permission - not in use n Uniform information on permission n Contents of permission n Duties of the permission holder n Registration - prerequisite for permission

PERMISSIONS (2) n 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 n Same authority as for old permit n Done before a date prescribed by Minister n Manner to be prescribed by MEC n To larger vehicles - published in Provincial Gazette

REGULATED COMPETITION n SERVICES TO BE PROVIDED ITO: -subsidised service contracts -negotiated service contracts -commercial service contracts -permissions only

REGULATED COMPETITION (2) n All subsidized services » subsidized service contracts or n Negotiated contracts by the MEC in consultation with the MINISTER

REGULATED COMPETITION (3) n 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) n 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) n 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) n 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) n CONTRACTING AUTHORITIES -Provinces -TA’s -Core cities

REGULATED COMPETITION (8) n TA not to operate a transport service n No contract between a municipality and any TA to operate a service unless it adheres to specified criteria

RAIL SAFETY REGULATOR n Deleted from NLTTB n Will be published with other rail related legislation

LAW ENFORCEMENT n Success of implementation of NLTTB depends on effective law enforcement n To link transport law enforcement with other law enforcement agencies, such as Cross Border, traffic and municipal police n To link with AARTO (Def of operator)

LAW ENFORCEMENT (2) n Offences & penalties -The Bill provides a list of offences & penalties n MEC may appoint inspectors - The Bill provides a list of powers

LAW ENFORCEMENT (3) n 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 n 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