NATIONAL DEPARTMENT OF TRANSPORT

AMENDMENTS TO THE NLTTA

To address the areas that hamper the effective

implementation of the Act

CONTENTS

BackgroundMain purposes of the amendmentsProposed Amendments

BACKGROUNDBACKGROUND

The NLTTA came into operation on 1The NLTTA came into operation on 1stst Dec Dec 2000 (Part 7: 1 June 2002)2000 (Part 7: 1 June 2002)

May 2003 – Dept presented progress report on May 2003 – Dept presented progress report on the status of implementation to the Portfolio the status of implementation to the Portfolio Committee on Transport (PCT). Committee on Transport (PCT).

PCT:PCT: commissioned an independent study to assess commissioned an independent study to assess

progress made in implementation.progress made in implementation. conducted public hearings ( SALGA, SACO, conducted public hearings ( SALGA, SACO,

SABOA, et.al made presentations.SABOA, et.al made presentations.

BACKGROUND (cont.)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.)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; 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 etcSafety 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.

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. )

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.

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 legislation governing

financial management in Transport Authorities

Section 18: Transport Planning

Section 18 Simplify transport planning

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 in terms of the numbers 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

Only an Integrated Transport plan is to be prepared by the planning authorities

PROPOSED AMENDMENTS & PURPOSE (Cont.)

PROPOSED AMENDMENTS & PURPOSE (Cont.)

Section and Clause of the Act Purpose for the proposed amendmentSection 20(1)(a)(b) To correct cross referencing in terms of the

Integrated Transport PlansSection 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 added To provide clarity on the frequency and 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 To provide clarity on the frequency and procedures to be followed in preparing the Provincial Land Transport Framework.

Section 22(1)(c) to be added To make a requirement that the PLTF must be informed by the NLTSF.

Section 22 (3) to be added To 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 Act Purpose for the proposed amendment

Section 23 To be repealed. Only Integrated Transport Plans are to be prepared

Section 24 To be repealed. Only Integrated Transport Plans are to be prepared

Section 25 To be repealed. Only Integrated Transport Plans are to be prepared

Section 26 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 To provide clarity on the frequency and 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 PLTF’s and rail components of ITP’s to be submitted to the Minister

Section 29 (1) Clarify procedures of approval 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.11-16 seated persons including driver17-23 seated persons including driver24-34 seated persons including driverMore 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 amendmentSection 38: Disqualification with regard to holding an operating licences. 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 licence or permit.

Section 43(c) to be added To 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 added To 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 Act Purpose for the proposed amendmentSection 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 make provision for licencing replacing vehicles.

Section 91: Special conditions relating to metered taxi and staff services.

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 of:Number of passengers Demand and supply

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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