GENERAL NOTICE

NOTICE ... OF 1997

DEPARTMENT OF TRANSPORT

WORKING DOCUMENTS FOR
LAND TRANSPORT BILLS
AND
CROSS-BORDER ROAD
TRANSPORT BILL

Foreward

The framework for land transport policy was developed by the Department of Transport (DOT) from the recommendations of a group of land transport stakeholders (Land Passenger Transport Working Group - LPTWG) on the desired future direction (or vision) for the industry in preparation for the Green Paper on National Transport Policy. Emphasis has been placed on the desired future end-state for land transport rather than on detailing solutions to specific current problems. To this end, the recommendations reflect "principles" towards which policies should be directed.

The process of development of the framework has been influenced by a wide range of stakeholders serving on the LPTWG. Officials of the DOT as well as provincial and metropolitan transport officials and executives of parastatal, municipal and private transport operators served on the working group.

The process revolved around the Working Group making recommendations for submission to other bodies. For example, the LPTWG recommendations were appraised by the DOT executive team, the Ministerial Conference of Ministers of Transport (MINCOM) and Committees of the Committee of Land Transport Officials (COLTO) including the Land Transport Co-ordinating Committee (LTCC) comprising national, provincial and metropolitan officials. In addition, stakeholder groups such as the South African Commuters Organisation (SACO), the National Taxi Task Team (NTTT), the Coach Operators Association of South Africa (COASA), the South African Bus Operators Association (SABOA), transport Trade Unions (TU) and the South African Rail Commuter Corporation (SARCC)were canvassed. The viewpoints of stakeholders who attended a broadly representative transport policy plenary and two land passenger transport workshops in 1995 were also incorporated in this framework. The contents of this framework are therefore an elucidation of the policies set out in the White Paper on National Transport Policy

The conclusions and recommendations in this framework largely represent a consensus view of future directions as far as the viewpoints could be reconciled. Where there remain differences of opinion and emphasis, the view of the Department of Transport has prevailed.

The purposes of the publication of the framework are threefold, namely:

After deliberation it was decided that the terminology "land passenger transport" should be changed to "land transport", which more aptly describes the context of this document. The Land Transport Policy (LTP) framework and the working documents on legislation will be circulated for comment until 18 February 1997. Thereafter, a Land Transport Bill will be prepared for submission to Parliament.

1. Introduction

The national Department of Transport hereby makes known that it intends to submit to Parliament bills based on the following three working documents:

  1. National Land Transport Bill (Annexure A);
  2. model provincial Land Transport Bill (Annexure B);
  3. Cross-Border Road Transport Bill (Annexure C).

The working documents have been prepared pursuant to the White Paper on National Transport Policy, 1996, which expresses the policy of the Government on, inter alia, land transport matters. Since the working documents on the proposed Land Transport Bills provide for far-reaching amendments to the existing land transport management systems and the powers and functions of various transport institutions, they have been drafted in close consultation with the provinces and metropolitan authorities. As far as the proposed Cross-Border Road Transport Bill is concerned, to a high degree it consolidates and formalises cross-border road transport policy which has evolved over a number of years and which is currently already being implemented. In this regard, consultation on these provisions has been ongoing over the years. Wide consultation and participation in respect of all the proposed bills is being and will also be undertaken to canvass the views of all role players.

It is important to note that the attached working documents are not yet draft bills, but are published for general information and comment prior to the publication of the actual bills.

2. The proposed National Land Transport Bill and model provincial Land Transport Bill (Annexures A and B)

The main objects of the proposed National Land Transport Bill and model provincial Land Transport Bill are to

The model provincial Land Transport Bill is intended as a model or guideline for the use of provinces that wish to use it, either in whole or in part, as their own legislation or as input into their own legislation. The model provincial Bill will be subject to amendment and adaptation by any province according to its own policy, needs and special circumstances, within the broad framework of national transport policy and legislation.

Regarding the content of the working documents attached as Annexures A and B, they provide for intermodal national and provincial land transport systems that cover all land transport modes. Because the freight transport industry is largely deregulated, the focus of the Bills is on public passenger transport (defined as "public transport"). As a further elucidation of the national land transport policy flowing from the White Paper, a Land Transport Policy Framework document is available on request at the address set out below. This framework document provides further details of the broad policy statements in the White Paper and the implementation thereof. The proposed National Land Transport Bill and model provincial Land Transport Bill provide for the following matters:

3. The proposed Cross-Border Road Transport Bill (Annexure C)

In support of continued cross-border road transport policy development and implementation, the proposed bill provides for institutional reform through the establishment of the International Road Transport Agency. The Agency will be managed and governed along commercial lines by a Board of Directors which is representative of mainly the private sector and the Department of Transport. The Board in turn will be supported technically by a Chief Executive Officer, supportive staff and national road transport inspectors who will provide focused professional services in support of the advisory, regulatory, facilitatory and law enforcement functions of the Board. The Chief Executive Officer will be required to establish consultative networks and forums to link the Agency to all relevant public and private stakeholders. The regulatory function of the Agency will be performed by a small Regulatory Committee whose terms of reference are statutorily defined.

The link between the Agency and the National Transport Commission envisaged in the proposed National Land Transport is also statutorily defined since that Commission will serve as an appeal body in respect of the regulatory function of the Board. The Board also has the power to consult on an ongoing basis with the Commission on matters of mutual concern.

In summary: the proposed bill lays the basis for dynamic, co-operative and co-ordinated provision of advice, regulation, facilitation and law enforcement in respect of cross-border road transport on a partnership basis between the public and private sectors within the context of an arms-length institutional framework.

4. Procedure and address for comments

All persons and bodies wishing to comment on the working documents are requested to do so on or before 18 February 1997 whereafter all comments received will be considered and, where appropriate, utilized for the preparation of draft Bills with a view to entering them into the parliamentary process during 1997. Comments should be addressed to:

Mark it for the attention of Ms A Riekert

Afrikaans versions of the working documents will be available on request at the same address after 10 January 1997.

Annexure A