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 1 st Dec 2000 (Part 7: 1 June 2002)  May 2003 – 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.  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 2-4 to be part of the NLTA.  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, trucks, etc;  To effect textual corrections and other matters.

PROPOSED AMENDMENTS & PURPOSE Section and Clause of the Act Purpose for the proposed amendment Section 1 Definition of an 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. 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. Definition of municipal public transport. To provide contextual meaning and clarity on municipal public transport.

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)g(i)To acknowledge the role that TETA must make in transport education, training and development. Section 5(6) (i) to be addedTo expand the functions of the Minister to including setting of standards and specifications for sealed meters for metered taxis. The aim is to ensure that the metered taxi fare is determined in a fair manner.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 13: Transport Authorities Section 13(4)Cross reference to all applicable to all local government legislation instead of only toone Section 18: Transport Planning Section 18Cross reference to the appropriate section of the Development Facilitation Act

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the ActPurpose for the proposed amendment Section 19 to 25: Transport PlanningTo revise the principles of transport planning (Part 7); Section 20To correct cross referencing Section 21(1)(a)To provide clarity on the frequency and procedures to be followed in preparing the National Land Transport Strategic Framework. Section 21(1)(b) to be addedTo provide clarity on the frequency and procedures to be followed in preparing the National Land Transport Strategic Framework. Section 21(3)(n) to be addedTo provide clarity on the frequency and procedures to be followed in preparing the National Land Transport Strategic Framework.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the ActPurpose 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 addedTo provide clarity on the frequency and procedures to be followed in preparing the Provincial Land Transport Framework. Section 22(1)(c) to be addedTo make a requirement that the PLTF must be informed by the NLTSF. Section 22 (3)(q) to be addedTo ensure that a Travel Demand Management strategy is prepared by all provinces. To create a requirement that the issue of lift clubs be dealt with as part of the Travel Demand Management strategy.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the ActPurpose for the proposed amendment Section 23To be repealed Section 24To be repealed Section 25To be repealed Section 26To be repealed

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the ActPurpose for the proposed amendment Section 27 Section 27(1)To provide clarity on the frequency and procedures to be followed in preparing the Integrated Transport Plan. Section 28To provide for PLTF’s and rail components of ITP’s to be submitted to the Minister 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.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the ActPurpose for the proposed amendment 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. 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. Section 31(6) to be addedTo 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 ActPurpose for the proposed amendment Section 38: Disqualification with regard to holding an operating licences. Section 38(f) to be addedTo 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 licence or permit. Section 43(c) to be addedTo force holders of operating licences to inform the board where the vehicle to which the operating licence relates, changes ownership by any means. Section 43(d) to be addedTo prevent illegal operators who may first, acquire a vehicle, apply for an operating licence, and then operate illegally when refused an OL due to transport plan.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the ActPurpose for the proposed amendment Section 47: Regulated competition / Subsidised services. Section 47(3)(d) Section 47(3)(f) To extend the maximum contract period from 5 to seven years in order to support SMMEs and BEE. To be removed Section 78: Duties of the board Section 78(b) to be addedTo allow for joint meetings of OLB ’ s to consider inter provincial applications. Section 78(c) to be addedTo extend the functions of the Operating Licence Board to include registration of LDVs.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the ActPurpose for the proposed amendment Section 89To specify safe vehicle brakes Section 90To make provision for licencing replacing vehicles. Section 91: Special conditions relating to metered taxi and staff services. To make provisions that cater for metered taxis. Section 91(2)(a) to be addedTo prescribe the maximum number of passengers to be conveyed by a metered taxi.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 91(2)(b) to be added To prevent exploitation of users in terms of fair determination. To ensure that the fare is determined in a fair and unmanipulated manner. Section 91(2)(c) to be added To expand the functions of the Minister to include setting specifications and standards for sealed meters for metered taxis. Section 91(2)(d) to be added To allow the Operating Licence Board to prescribe pick up points for passengers, routes and times of operations where necessary. Section 91(2)(e) to be added To make provisions for the MEC to be able to determine a fare structure for metered taxis services where necessary.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 92A to be added: Tourist services. To make provisions for tourist services operations. Section 92A(a) to be added To force all tourist service operators to register with the accredited Tourism Authority. To prevent illegal tourist service operators. Section 92A(b) to be added To prevent illegal tourist service operators. Section 92A to be added: Tourist services. To make provisions for tourist services operations.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 92A(c) to be added To prevent illegal tourist service operators. To comply with the Tourism legislation. Section 92A(d) to be added To give a time-frame (deadline) in within which the Tourism Authority must make recommendations to the operating licence board. Section 92A(e) to be added To restrict the use of tourist services to leisure purposes only.

PROPOSED AMENDMENTS & PURPOSE (Cont.) Section and Clause of the Act Purpose for the proposed amendment Section 92A(f) to be added To ensure that a registered Tour Guide accompanies the tourists. Section 92A(g) to be added To make provision for the operating licence board to be able to prescribe the maximum number of passengers to be conveyed by tourist services where necessary. Section 92A(h) to be added To create some means of ensuring that the over- saturation of the tourist services industry is prevented

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

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