REPUBLIC OF SOUTH AFRICA
NATIONAL LAND TRANSPORTTRANSITION AMENDMENT BILL
(As amended by the Select Committee on Public Services (National Council of
Provinces)) (The English text is the official text of the Bill)
(SELECT COMMITTEE ON PUBLIC SERVICES)
[B 38B—2005] ISBN 0 621 36278 6
No. of copies printed .................................... 1 800
GENERAL EXPLANATORY NOTE:
[] Words in bold type in square brackets indicate omissions from existing
enactments.
Words underlined with a solid line indicate insertions in existing enactments.
BILL
To amend the National Land Transport Transition Act, 2000, so as to define
expressions and to amend certain definitions; to extend the information that
may be included in the notice containing the national land transport policy; to
provide anew for the co-ordination of the planning process of provincial
planning authorities; to reduce the number of plans required by the Act; to
empower the Minister to designate the planning authorities that must supply
transport plans to the relevant provincial board; to provide anew for the
preparation of a national land transport strategic framework and provincial
land transport strategic frameworks; to repeal provisions in respect of current
public transport records, operating licence strategies, rationalisation plans
and public transport plans; to provide anew for the preparation of integrated
transport plans; to extend certain time limits; to provide anew for the type of
vehicles that may be used for public transport services; to extend the
disqualifications for the holding of operating licences; to extend the duties
of holders of operating licences or permits; to specify the vehicles that may
be used on long-distance operations; to provide anew for the amendment of operating
licences; to empower the Minister to set standards for sealed meters for
metered taxis and to empower MECs to determine fare structures for metered taxi
services; to make provision for the granting of operating licences for tourist
services; to provide anew for the temporary replacement of specified vehicles;
to create new offences; and to effect textual corrections; and to provide for
matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—
Amendment of section 1 of Act 22 of 2000
1. Section 1 of the National Land Transport Transition Act, 2000 (hereinafter
referred to as the principal Act), is hereby amended by— 5 (a) the substitution
in the definition of ‘‘association’’ for the words preceding paragraph (a) of
the following words: ‘‘ ‘association’ means any group of persons formed
primarily [in relation to] for the operation of [minibus taxi-type services] a
public transport service, and—’’; 10
(b) the substitution for the definition of ‘‘bus’’ of the following definition:
‘‘ ‘bus’ means a motor vehicle [designed, or lawfully adapted, by a registered
manufacturer in compliance with the Road Traffic Act,3
1989 (Act No. 29 of 1989), to carry more than 35 persons, excluding the driver,
subject to] contemplated in section 31(1)(d);’’;
(c) the substitution for the definition of ‘‘midibus’’ of the following
definition: ‘‘ ‘midibus’ means a motor vehicle [designed, or lawfully adapted,
by a registered manufacturer in compliance with the Road Traffic Act, 1989 (Act
No. 29 of 1989), to carry from 19 to 35 seated persons, excluding the driver]
contemplated in section 31(1)(b) or (c);’’; (d) the substitution for the
definition of ‘‘minibus’’ of the following definition: ‘‘ ‘minibus’ means a
motor vehicle [designed, or lawfully adapted by a registered manufacturer in
compliance with the Road Traffic Act, 1989 (Act No. 29 of 1989), to carry from
nine to 18 seated persons, excluding the driver] contemplated in section
31(1)(a);’’; (e) the insertion after the definition of ‘‘municipality’’ of the
following definition: ‘‘ ‘municipal public transport services’ means any public
transport service that is rendered for a consideration within the area of a
planning authority;’’; (f) the insertion after the definition of ‘‘registered’’
of the following definition: ‘‘ ‘registered builder’ means a builder registered
under section 5 of the National Road Traffic Act, 1996 (Act No. 93 of 1996);’’;
(g) the insertion after the definition of ‘‘unregistered constitution’’ of the following
definition: ‘‘ ‘registered importer’ means an importer registered under section
5 of the National Road Traffic Act, 1996 (Act No. 93 of 1996);’’; and
(h) the substitution for the definition of ‘‘registered manufacturer’’ of the
following definition: ‘‘registered manufacturer’’ means a manufacturer[,
importer or builder of motor vehicles] registered under section 5 of the
National Road Traffic Act, 1996 (Act No. 93 of 1996).’’.
Amendment of section 5 of Act 22 of 2000
2. Section 5 of the principal Act is hereby amended by— (a) the deletion in
subsection (2) of the word ‘‘and’’ at the end of paragraph (b), the addition of
the word ‘‘and’’ to paragraph (c) and the addition to that subsection of the
following paragraph: ‘‘(d) target dates for the transformation of the
land-based public transport sector.’’; and
(b) the substitution in subsection (5)(g) for subparagraph (i) of the following
subparagraph: ‘‘(i) may do so only in consultation with the Minister of
Education and the Minister of Labour with a view to ensuring that education and
training in subjects or training courses relating to land transport, are
directed towards complying with the National Qualifications Framework defined
in section 1 of the South African Qualifications Authority Act, 1995 (Act No.
58 of 1995), and with the Skills Development Act, 1998 (Act No. 97 of 1998);’’.
Amendment of section 13 of Act 22 of 2000
3. Section 13 of the principal Act is hereby amended by the substitution for
subsection (4) of the following subsection: ‘‘(4) A transport authority, in
awarding contracts for goods and services, must apply a system which is fair,
equitable, transparent, competitive and cost-effective, and which is in
accordance with the Preferential Procurement Policy Framework Act, 2000 (Act
No. [4] 5 of 2000), and [relevant provisions of the Local Government Transition
Act, 1993 (Act No. 209 of 1993), which will apply with the changes required by
the context] any relevant local government laws.’’.
Amendment of section 18 of Act 22 of 2000
4. Section 18 of the principal Act is hereby amended by— (a) the substitution
in subsection (1) for paragraphs (a) and (b) of the following paragraphs,
respectively: 5
10
15
20
25
30
35
40
45
50
55
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‘‘(a) where the relevant planning authority is a municipality contemplated in
section 20(1)(c), the plans mentioned in [paragraphs (c) to (g) of subsection
(1) of] section 19(1)(g) must form the transport component of the integrated
development plan of the municipality;
(b) where the jurisdictional area of a municipality falls wholly or partly in a
transport area or MTA, the plans mentioned in [paragraphs (c) to (g) of that
subsection] section 19(1)(g) constitute the transport component of the
integrated development plans of such municipality in respect of that part of
its jurisdictional areas that falls within the transport area or MTA.’’; (b)
the deletion of subsection (3); and (c) the substitution for subsection (6) of
the following subsection: ‘‘(6) The MEC must ensure the co-ordination of the
planning processes of all planning authorities under the jurisdiction of the
province [and, in so doing, must ensure that all plans address—
(a) public transport services operating across the boundaries of the areas of
planning authorities; (b) road and rail networks; (c) freight movements; (d)
the needs of special categories of passengers; (e) rivalry between neighbouring
planning authorities that may result in the duplication or over-supply of
transport facilities and infrastructure in the region; (f) the integration of
transport and land use planning within the context of the Development
Facilitation Act, 1995 (Act No. 67 of 1995), or any other similar provincial
law].’’. Amendment of section 19 of Act 22 of 2000
5. Section 19 of the principal Act is hereby amended by— (a) the deletion in
subsection (1) of paragraphs (c), (d), (e) and (f); (b) the substitution in
subsection (2) for the words preceding paragraph (a) of the following words:
‘‘The [relationship and sequence of transport plans which are illustrated in
Figures 1 and 2, are] responsibility for the preparation of transport plans is
as follows:’’;
(c) the deletion in subsection (2) of paragraph (c); (d) the substitution in
subsection (2) for paragraph (d) of the following paragraph: ‘‘(d) transport
authorities and core cities, and other municipalities requested by the MEC,
must prepare an integrated transport plan [of which the public transport plan
forms a component] dealing with the matters prescribed by the Minister;’’;
(e) the substitution in subsection (4) for paragraph (b) of the following
paragraph: ‘‘(b) The date for [each of] the integrated transport plans
mentioned in subsection (1)[(c) to] (g) must be linked to the provincial land
transport framework and must be as agreed upon by the MECs.’’; and
(f) the substitution for subsection (7) of the following subsection: ‘‘(7) The
content of the frameworks and plans mentioned in subsection (1)(b) [to] and
(g), respectively, must be as required by this Act, but the Minister may, in
consultation with the relevant MEC or MECs, modify the requirements for those
plans, in the prescribed manner, in relation to rural areas in particular
provinces.’’.
Amendment of section 20 of Act 22 of 2000
6. Section 20 of the principal Act is hereby amended by— (a) the substitution
in subsection (1) for the words preceding paragraph (a) of the following words:
‘‘[Plans] The integrated transport plans contemplated in [section 19(1)(c) and
(d) and, where appropriate, section 19(1)(e), (f) and (g),]
section 19(1)(g) must be prepared by the following authorities, to be known as
planning authorities, subject to subsections (4) and (5), and
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these plans may be different in respect of rural planning authorities except
for those that have subsidised public transport services:’’;
(b) the substitution for subsection (3) of the following subsection: ‘‘(3)
Every planning authority designated by the MEC to do so must supply relevant
transport plans to the board and make recommendations to that board about the
conversion of permits to operating licences, and about applications for new
operating licences, as required by Part 9.’’; and
(c) the deletion of subsection (6). Amendment of section 21 of Act 22 of 2000
7. Section 21 of the principal Act is hereby amended by the substitution for
subsection (1) of the following subsection: ‘‘(1)(a) The Minister must,
[annually,] by a date to be determined by the Minister after consultation with
the MECs and published by notice in the Government Gazette, prepare a five-year
national land transport strategic framework for the country [for a five-year
period corresponding with the Department’s financial years, with due regard to
subsection (3)].
(b) The Minister must update the national land transport strategic framework
every two years.’’. Amendment of section 22 of Act 22 of 2000
8. Section 22 of the principal Act is hereby amended by— (a) the substitution
for subsection (1) of the following subsection: ‘‘(1)(a) Every MEC must
[annually] prepare a five-year provincial land transport framework [for a
five-year period] in accordance with the requirements prescribed by the
Minister after consultation with all the MECs and must publish it in the
Government Gazette on a date determined by the Minister.
(b) An MEC contemplated in paragraph (a) must, subject to section 21(1)(b),
update his or her provincial land transport framework at least once every two
years. (c) When preparing the provincial land transport framework, the MEC must
be guided by the national land transport strategic framework.’’; and (b) the
insertion in subsection (3) after paragraph (g) of the following paragraph:
‘‘(gA) set out a strategy for travel demand management in the province;’’.
Repeal of sections 23, 24, 25 and 26 of Act 22 of 2000
9. Sections 23, 24, 25 and 26 of the principal Act are hereby repealed.
Amendment of section 27 of Act 22 of 2000
10. Section 27 of the principal Act is hereby amended by— (a) the substitution
for subsection (1) of the following subsection: ‘‘(1) Transport authorities,
core cities and other municipalities required by the MEC to do so, must prepare
and submit to the MEC [annually] by the date determined by the MEC, integrated
transport plans [which comply with subsection (2)] for their respective areas
for the five-year period commencing on the first day of that financial year.’’;
(b) the deletion of subsection (2); (c) the substitution for subsections (4)
and (5) of the following subsections, respectively: ‘‘(4) The [plan] integrated
transport plans must by the date [so] determined in terms of subsection (1) be
submitted to the MEC for approval, which approval must relate only to [the
matters mentioned in section 24(4)(b)]—
(a) procedures and financial issues that affect the province; (b) provincial
policy and principles regarding transport across the boundaries of the areas of
planning authorities;
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(c) interprovincial transport; and (d) any other matter provided for in the
relevant provincial laws. (5) A person may not transport hazardous substances
contemplated in section 2(1) of the Hazardous Substances Act, 1973 (Act No. 15
of 1973), in the area of a planning authority, except on [a route determined
under paragraph (h) of subsection (2), where such a route has been determined
and published under section 29(1), and any person who does so is guilty of an
offence] a designated route indicated in an integrated transport plan
contemplated in section 29(1), that is in accordance with the general strategy
or plan contemplated in section 22(3)(l).’’; and (d) the addition of the
following subsection: ‘‘(6) Any person who contravenes or fails to comply with
subsection (5) is guilty of an offence.’’. Substitution of section 28 of Act 22
of 2000
11. The following section is hereby substituted for section 28 of the principal
Act: ‘‘Approval of commuter rail components of transport plans
28. Until the function of commuter rail is devolved from the national to
another sphere of government, the transport framework and plans contemplated in
section 19(1)(b) [to] and (g), respectively, must be submitted to the Minister
for approval of the commuter rail component of such framework and plans, within
the prescribed manner and time.’’. Amendment of section 29 of Act 22 of 2000
12. Section 29 of the principal Act is hereby amended by— (a) the substitution
for subsection (1) of the following subsection: ‘‘(1) On approval of the
national land transport strategic framework, a provincial transport framework[,
a public transport plan] or an integrated transport plan, the Minister or
planning authority, as the case may be, must publish, in the Provincial
Gazette, or, in the case of the national land transport strategic framework, in
the Government Gazette, the prescribed particulars of such plans, which must include
particulars of routes [determined] designated under section [27(2)(h)]
27(5).’’;
(b) the substitution in subsection (2) for paragraph (d) of the following
paragraph: ‘‘(d) no action may be taken that would have the result of
substantially decreasing the quantity or availability of land transport
infrastructure or services, unless the owner of the land on which the
infrastructure is situated, or the holder of the relevant operating licence,
[as the case may be,] has notified the relevant planning authority in writing
not less than [30] 90 days before the action is taken.’’;
(c) the substitution in subsection (4) for the words preceding paragraph (a) of
the following words: ‘‘The planning authority must, within [28] 90 days—’’; and
(d) the substitution in subsection (5) for paragraph (a) of the following
paragraph: ‘‘(a) prior to the expiry of the [28-day] 90-day period referred to
in subsection (4); or’’.
Amendment of section 31 of Act 22 of 2000
13. Section 31 of the principal Act is hereby amended by— (a) the substitution
for subsection (1) of the following subsection: ‘‘ (1) Despite this Act or any
other law, from a date to be determined by the Minister by notice in the
Government Gazette, [which may not be earlier than 1 October 2004,] operating
licences may only be issued for vehicles designed or lawfully [adapted]
modified by a registered manufacturer, registered builder or registered
importer in compliance with the National Road Traffic Act, [1989 (Act No. 29 of
1989)] 1996
7
(Act No. 93 of 1996), according to acceptable safety standards, to carry—
(a) fewer than nine persons, excluding the driver; or (b) 11 to 16 seated
persons, including the driver; or (c) [18] 17 to 23 seated persons, [excluding]
including the driver; or (d) [35] 24 to 34 seated persons, [excluding]
including the driver; or (e) [46 or] more than 34 persons, [excluding]
including the driver, unless the Minister, in consultation with the MECs,
provides otherwise for special categories of vehicles by notice in the Government
Gazette,to cater for exceptional cases in rural areas, or exceptional cases in
relation to tourist or courtesy services.’’; (b) the substitution in subsection
(3) for the words preceding paragraph (a) of the following words: ‘‘A midibus
or minibus may be used for the operation of an unscheduled service only
where—’’; and
(c) the addition of the following subsection: ‘‘(6) (a) An adapted light
delivery vehicle may be used for public passenger road transport services in a
particular area if—
(i) there is no appropriate public transport available in that area; and (ii)
the services are rendered under such conditions as may be determined by the MEC
concerned. (b) For the purposes of this subsection, an ‘‘adapted light delivery
vehicle’’ means a light delivery vehicle that has been manufactured or modified
by a registered manufacturer, registered builder or registered importer in
compliance with the National Road Traffic Act, 1996 (Act No. 93 of 1996), for
the conveyance of persons.’’. Amendment of section 38 of Act 22 of 2000
14. Section 38 of the principal Act is hereby amended by the addition of the
following paragraph: ‘‘(f) acting as examiner at a testing station in terms of
the National Road Traffic Act, 1996 (Act No. 93 of 1996).’’.
Amendment of section 43 of Act 22 of 2000
15. Section 43 of the principal Act is hereby amended by— (a) the addition of
the following paragraph: ‘‘(c) inform the board in writing of the sale or any
other change of ownership of the vehicle to which the operating licence or
permit relates at least 14 days before such sale or change takes place.’’; and
(b) the addition of the following subsection, the existing section becoming
subsection (1): ‘‘(2) The person who acquires a vehicle referred to in
subsection (1)(c) must obtain an operating licence before the acquisition of
the vehicle if he or she intends to use that vehicle for public transport.’’.
Amendment of section 47 of Act 22 of 2000
16. Section 47 of the principal Act is hereby amended by— (a) the substitution
in subsection (3) for paragraph (d) of the following paragraph: ‘‘(d) the
contract to be negotiated complies with all requirements prescribed under
subsection (4)(a), is substantially in the form of the model contract documents
contemplated in subsection (4)(b) and has a maximum validity period of [five]
seven years.’’; and
(b) the deletion in subsection (3) of paragraph (f).
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Amendment of section 78 of Act 22 of 2000
17. Section 78 of the principal Act is hereby amended by the substitution in subsection
(4) for paragraph (b) of the following paragraph: ‘‘(b) have the prescribed
particulars of each operating licence, which includes, for the purposes of this
paragraph, an operating licence as renewed, amended or transferred from time to
time, and of its holder and the vehicle to which it relates, entered on [the
Land Transport Permit] such Information System as may be prescribed by the
Minister.’’.
Substitution of section 90 of Act 22 of 2000
18. The following section is hereby substituted for section 90 of the principal
Act: ‘‘Amendment of operating licence: Replacement of specified vehicle
90. (1) Where the holder of an operating licence for the operation of any
public transport service wishes to replace the vehicle that is specified in
that operating licence for the operation of that public transport service with
another vehicle [with the same passenger capacity,] the holder must apply for
the replacement, in the manner prescribed by the MEC, to a member or official
of the board whom the board has authorised in writing to dispose of the matter,
provided the nature of the replacing vehicle and the quality and standard of
the service are not affected by the replacement. (2) The authorised member or
official of the board must allow the replacement and issue an amended operating
licence to the holder, if [satisfied that] the replacing vehicle— (a) [the
replacing vehicle] has the same passenger capacity [, or less, and is of the
same nature] as the vehicle which it replaces, and [that] the quality and
standard of the service which is authorised by the operating licence [will] is
not likely to be affected by the replacement; and (b) [the replacing vehicle]
is otherwise suitable for the operation of the public transport service
authorised by that operating licence, has a national information system model
number allocated to it, has been certified as roadworthy in compliance with
road traffic laws and is properly licensed[; and (c) the applicant for
replacement has provided the information necessary to establish the
requirements of this section]. (2A) The national information system model
number contemplated in subsection (2) must be linked to the registered builder
who built or modified the body of the vehicle in question.
(3) Where a subcontractor operates any part of the public transport service to
which an operating licence relates, on behalf of the holder of the operating
licence, the subcontractor may rely on the provisions of this section to
replace any vehicle of which the latter is the registered owner and which is
specified in that operating licence, in all respects as if the subcontractor
were the holder of that operating licence. (4) For the purposes of this section
‘national information system’ means the national information system contemplated
in section 6(1).’’. Amendment of section 91 of Act 22 of 2000
19. Section 91 of the principal Act is hereby amended by the addition of the
following subsections: ‘‘(3) The Minister must set standards for sealed meters
for metered taxis in accordance with standards set by the South African Bureau
of Standards in terms of the Standards Act, 1993 (Act No. 29 of 1993).
(4) The MEC, in consultation with the board, may determine a fare structure for
metered taxi services and the MEC must publish such fare structure in the
Provincial Gazette.’’.
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Insertion of section 91A in Act 22 of 2000 20. The following section is hereby
inserted in the principal Act after section 91: ‘‘Tourist services 91A. (1) The
following conditions apply to tourist services: (a) A board may not grant an
operating licence for tourist services unless 5 it has been furnished with and
has considered recommendations from a tourism board or similar authority within
the relevant province; (b) a board granting an operating licence for tourist
services must state in the licence the maximum number of passengers that may be
conveyed by the vehicle used for tourist services; 10 (c) a board must take
into account the supply and demand for the particular tourist services so as
not to over-saturate the industry by granting too many licences. (2) The
tourism board or similar authority contemplated in subsection (1)(a) must
submit its recommendations to the board concerned within 90 15 days of
receiving a request for such recommendations. (3) The MEC may, in addition to
the provisions of this Act, prescribe the circumstances under which an
operating licence may be granted for tourist services.’’. Amendment of section
94 of Act 22 of 2000 20 21. Section 94 of the principal Act is hereby amended
by the substitution for subsection (3) of the following subsection: ‘‘(3) (a)
The passenger capacity of the replacing vehicle [preferably] must be equal to
that of the vehicle specified in the licence[, but may— (i) be smaller; or 25
(ii) exceed that capacity by not more than 20 per cent] (b) The replacing
vehicle must be suitable for the operation of that public transport service
and, except in so far as this section provides otherwise, must comply in all
other respects with the requirements and conditions that apply and are in force
in terms of this Act and the National Road Traffic Act, 1996 (Act No. 93 of 30
1996), with regard to the vehicle so specified in the operating licence.’’.
Amendment of section 127 of Act 22 of 2000 22. Section 127 of the principal Act
is hereby amended by the addition to subsection (1) of the following
paragraphs: ‘‘(r) if the person operates an adapted light delivery vehicle in
contravention of 35 section 31(6); (s) if, being a metered taxi operator, the
person contravenes or fails to comply with a fare structure contemplated in
section 91(4).’’. Short title 23. This Act is called the National Land
Transport Transition Amendment Act, 2005. 40
MEMORANDUM ON THE OBJECTS OF THE NATIONAL LANDTRANSPORT TRANSITION BILL, 2005
1. BACKGROUND 1.1 The National Land Transport Transition Act, 2000 (Act No. 22
of 2000) (‘‘the Act’’), was promulgated in June 2000 and thereafter all spheres
of government began to implement it. In May 2002, an assessment of the status
of the implementation of the Act was done and a number of issues were
identified as hampering the effective implementation of the Act. The Department
of Transport consulted stakeholders and conducted a review process. Workshops
were held to evaluate the issues raised. 1.2 Some of the issues raised are
urgent and require amendments to the Act in order to enable the effective
implementation of the Act. Cabinet also approved a set of proposals in relation
to the Taxi Recapitalisation Programme and to effectively regulate the taxi industry.
2. OBJECTS OF BILL The objects of the Bill can be explained as follows:
2.1 Amendment of definition of ‘‘association’’ The Bill seeks to amend the
definition of ‘‘association’’ so as to include buses and other modes of
transport. The current definition is confined to minibus taxis and does not
focus on all public transport operators.
2.2 Amendment of specifications for the types of vehicles that may be used for
public transport by bringing them in line with the New Taxi Vehicle (NTV) The
Bill seeks to amend the Act in respect of the types of vehicles that may be
used for public transport by providing for the seating capacities of the NTVs
and addressing issues regarding taxi regulations and changing operations. In
this context, the role of the South African National Taxi Council (SANTACO)
will be changed so that it promotes and speeds up the process of integration of
the taxi industry into the formal public transport system and its effective
regulation. SANTACO will thus bring together the taxi industry, public
transport experts appointed by the Minister and MECs of Transport.
2.3 Revision and simplification of the principles of transport planning The
Bill seeks to revise the principles of transport planning in such a manner that
only completion of the Integrated Transport Plan (ITP) will be a statutory
requirement for planning authorities. The proposed amendment will address
comments from Parliament and the local sphere of government that the current
requirements in the Act are onerous and demand capacity beyond the capability
of the local sphere. The Bill seeks to introduce a simpler planning framework
for district and local municipalities.
2.4 Extension of certain time limits The Bill seeks to extend the maximum bus
contract period from 5 to 7 years in order to bring the Act into line with
Black Economic Empowerment (BEE) and Small, Medium and Micro-Enterprise (SMME)
development principles. The Bill also seeks to extend due dates for certain
plans in order to give planning authorities sufficient time to update and
implement their plans as required by the Act.
2.5 Extension of duties of holders of operating licences The Bill seeks to
extend the duties of the holder of an operating licence to include notification
of any change of ownership or sale of a vehicle in respect of which an
operating licence is attached to the Operating Licence Board. This will prevent
the situation where more than one operating licence exists for the same
vehicle.
2.6 Extension of the functions of the Minister, MECs and Operating Licence
Boards The Bill seeks to amend and extend the functions of the Minister to
include the setting of targets for transformation of land transport and the
setting of standards for metered taxis. The Bill also seeks to amend the
functions of MECs with regard to the frequency of the preparation and reviewing
of transport plans. The functions of boards are also extended to include the
consideration and approval of applications in special cases.
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2.7 Regulation of tourist services The Bill seeks to regulate tourist services
that require operating licences.
2.8 Provision for the conveyance of passengers by light delivery vehicles
(LDVs) The Bill proposes amendments which seek to regulate the problem
associated with the conveyance of people in LDVs, especially in rural and
remote areas.
2.9 Effecting certain textual corrections and other matters The Bill seeks to
make certain textual corrections in the Act, and to effect the necessary
consequential amendments.
3. CONSULTATION The proposed amendments are a result of consultation with and
recommendations by the Portfolio Committee of Transport in the National
Assembly, MINMEC (Minister and MECs), the Committee of Transport Officials
consisting of Heads of Provincial Transport Departments, the Land Transport
Co-ordinating Committee, public transport operators and the South African Local
Government Association.
4. FINANCIAL IMPLICATIONS FOR STATE None.
5. PARLIAMENTARY PROCEDURE 5.1 The State Law Advisers and the Department of
Transport are of the opinion that this Bill must be dealt with in accordance
with the procedure prescribed by the provisions of section 76(1) or (2) of the
Constitution since it falls within a functional area listed in Schedule 4 to
the Constitution, namely ‘‘Public transport’’. 5.2 The State Law Advisers are
of the opinion that it is not necessary to refer this Bill to the National
House of Traditional Leaders in terms of section 18(1)(a) of the Traditional
Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it
does not contain provisions pertaining to customary law or customs of
traditional communities.
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ISBN 0 621 36278 6