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NATIONAL LAND TRANSPORT TRANSITION BILL, 2000. BRIEFING OF NATIONAL COUNCIL OF PROVINCES 8 FEBRUARY 2000. PROCESS LEADING TO NLTTB. White Paper principles were translated since 1997 into a draft NLTB. - PowerPoint PPT Presentation
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NATIONAL LAND TRANSPORT TRANSITION
BILL, 2000
BRIEFING OF NATIONAL COUNCIL OF PROVINCES
8 FEBRUARY 2000
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.
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.
PROCESS LEADING TO NLTTB (2)
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
FURTHER CONSULTATION & APPROVAL
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
CHAPTER 1: Introductory matters CHAPTER 2: Matters of National
concern CHAPTER 3: Matters of Provincial
concern CHAPTER 4: General matters
STRUCTURE OF THE NLTTB
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No current legislation will be repealed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
SCOPE OF THE BILL (2)
Institutional structures Planning Public transport Regulation & enforcement Impacts on:
– Tourism – Freight
PILLARS OF THE BILL
RE
GU
LA
TE
D C
OM
PE
TIT
ION
&
RE
ST
RU
CT
UR
ING
OF
TH
E
MO
DE
S
SU
ST
AIN
AB
LE
FU
ND
ING
EF
FE
CT
IVE
TR
AN
SP
OR
T L
AW
E
NF
OR
CE
ME
NT
PL
AN
NIN
G
AP
PR
OP
RIA
TE
IN
ST
ITU
TIO
NA
L B
OD
IES
PRINCIPLES OF NATIONAL POLICY
Not included in the Bill, to be published in regulations
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
Impartiality : Members of Permissions Boards Staff of Boards directly involved Members of Appeal Boards Officials of PA’s - developing permissions
strategy Officials - transport law enforcement Registrar
PRINCIPLES OF NATIONAL POLICY (2)
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
FUNCTIONS OF THE MEC’s 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 PA’s 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
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
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 MTA’s if applicable
COMPULSORY FUNCTIONS OF TA’S
Must:Prepare transport plansDevelop transport policyPerform financial planningManage movement of persons & goodsPromote public participation
Must by a date determined by the Minister in consultation with the MEC:perform transport contracting function
FUNCTIONS OF TA’S (2)
Wide rage of optional functions in Provincial Chapter
Optional functions can be added to by Provincial legislation
TRANSPORT EXECUTIVES
Technical and administrative personnel
Municipal administration One or more municipal departments Separate body Province
BOUNDARIES OF TA’S 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 Gov’t & Finance
Provision is made for cross-provincial TA’s and agreements between the relevant MEC’s
FINANCES OF TA’S
Management of finances of TA’s prescribed - similar to the Local Government Transition Act
PROVINCIAL
SOURCES APPLICATION
LOCAL
COUNCIL
NATIONAL
FISCUS
LEGISLATURE
BUDGET
BUDGET
BUDGET
LOCAL FUNCTIONS
TA
CONDITIONAL GRANTS
CONDITIONAL GRANTS
NATIONAL FUNCTIONS
TA
CONDITIONAL GRANTS (PROV & TA’S)
PROVINCIAL FUNCTIONS
TA
CONDITIONAL GRANTS
(PROV & TA’S)
CONDITIONAL GRANTS
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
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
FUNCTIONS OF PROVINCIAL REGISTRARS Disposing of applications Monitoring compliance Promote professional practices Suspension & cancellation Establish & maintain Provincial
Register Report annually to MEC
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
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
Nat
ion
al L
and
Tra
nsp
ort
Str
ateg
ic F
ram
ewo
rk
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
Pro
vin
cial
Lan
d T
ran
spo
rt
Fra
mew
ork
Initially as a guide for planning authorities in
Province
Inte
gra
ted
Dev
elo
pm
ent
Pla
n
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, KPI’s, tourism,the environment, land use,inter-provincial and persons with disabilities
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
- KPI’s
INTEGRATED TRANSPORT PLAN
To be done annually by TA’s, 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
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
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
REGISTRATION
Establishment of National Transport Register
Info re associations, members & vehicles
Database - monitoring implementation Sensitivity of information
REGISTRATION (2)
In one Province only - where association is based
Registration ito Provincial legislation =
provisionally registered Full registration only when all
members have permissions
REGISTRATION (3)
Uniform info on certificates & marks
Constitution & Code of Conduct - prescribed by Minister in consultation with MECs
BENEFITS OF REGISTRATION
Economic assistance (incl taxi-recapitalisation)
Tender for contracts
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
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
- >2 Provinces - origin
- renewal, amendment or transfer - original Province
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 >35 >46
CONVERSION OF PERMITS
Converted to:
Minibus-taxi
Type of permit
Vehicle up to 35 seats (2 for 1)
Radius or area Route or network-based
Metered taxi Particular area
Long distance Specify 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 9 - 18 (2 for 1)
Indefinite period
Definite period
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
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
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
REGULATED COMPETITION
SERVICES TO BE PROVIDED ITO:
- subsidised service contracts
- negotiated service contracts
- commercial service contracts
- permissions only
REGULATED COMPETITION (2)
All subsidized services » subsidized service contracts or
Negotiated contracts by the MEC in consultation with the MINISTER
REGULATED COMPETITION (3) 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) 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) 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) 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)
CONTRACTING AUTHORITIES
- Provinces
- TA’s
- Core cities
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
RAIL SAFETY REGULATOR
Deleted from NLTTB
Will be published with other rail related legislation
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)
LAW ENFORCEMENT (2)
Offences & penalties
- The Bill provides a list of offences & penalties
MEC may appoint inspectors
- The Bill provides a list of powers
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
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