ANNEXURE A

WORKING DOCUMENT FOR
NATIONAL LAND TRANSPORT BILL

To provide for an intermodal national land transport system through the development of integrated land use, transport operational and infrastructure plans and programmes, developed, administered, regulated and funded by provincial, metropolitan and local transport authorities. Pursuant to this purpose, to provide the framework for the development of provincial transport policies and plans and metropolitan and local transport plans. To establish a National Land Transport Fund and provincial and transport authority funds and to provide for matters connected therewith. To provide a consistent national framework for the integration, regulation and funding of public passenger transport operations.

CONTENTS

  1. DEFINITIONS
  2. NATIONAL LAND TRANSPORT PRINCIPLES AND POLICY
  3. POWERS AND DUTIES OF THE MINISTER
  4. NATIONAL TRANSPORT COMMISSION
  5. ESTABLISHMENT OF PROVINCIAL PERMIT BOARDS
  6. APPLICATIONS FOR PERMISSIONS AND AD HOC AUTHORIZATIONS
  7. ESTABLISHMENT OF NATIONAL TAXI REGISTER AND PROVINCIAL TAXI REGISTRARS
  8. ESTABLISHMENT OF TRANSPORT AUTHORITIES
  9. ESTABLISHMENT AND ADMINISTRATION OF NATIONAL LAND TRANSPORT FUND AND PROVINCIAL LAND TRANSPORT FUNDS
  10. INTEGRATED LAND USE AND TRANSPORT PLANNING PROCEDURES
  11. PROVISION OF ROAD PUBLIC TRANSPORT SERVICES
  12. ADMINISTRATION OF RAIL COMMUTER ASSETS AND PROVISION AND CONCESSIONING OF RAIL COMMUTER SERVICES
  13. RAIL SAFETY AND SECURITY
  14. PASSENGER CARRIER REGULATIONS (NOT COVERED BY OTHER LEGISLATION)
  15. MEASURES TO SUPPORT SMALL, MEDIUM AND MICRO ENTERPRISES
  16. TRANSPORT STUDIES, INVESTIGATIONS, RESEARCH, TECHNOLOGY TRANSFER AND EDUCATION AND TRAINING
  17. GUIDELINES, NORMS, STANDARDS AND INFORMATION REQUIREMENTS FOR LAND TRANSPORT
  18. ENVIRONMENTAL REGULATIONS IN RESPECT OF LAND TRANSPORT
  19. GENERAL PROVISIONS

PART 1

DEFINITIONS

1. Definitions

In this Act, unless the context indicates otherwise-

(i) "ad hoc authorization" means an authorization to operate a charter service issued under section 29;

(ii) "charter service" means a public transport service involving the charter of a vehicle and driver for pre-arranged journeys and charges where-

  1. neither the operator nor the driver receive individual fares; and
  2. the charterer has the right to decide the route, date and time of travel;

(iii) "commercial service contract" means an agreement to operate a route or network in terms of a public transport plan under which the operator is remunerated by passenger fares;

(iv) "Commission" means the National Transport Commission established by section 9;

(v) "concession" means an agreement to operate a public transport service on a rail line or network in terms of a public transport plan at an agreed price;

(vi) "co-ordination" means the mutual co-operation of different elements within the transport system to enhance the other;

(vii) "Corporation" means the South African Rail Commuter Corporation Limited referred to in section 55;

(viii) "corporatised entity" means that the entity is an independent, legal and taxable entity which replicates the environment of an equivalent private sector enterprise;

(ix) "courtesy service" means a passenger transport service provided by an organisation using a vehicle of the organisation or a vehicle provided under contract with an operator for its customers, clients or students;

(x) "Department" means the national Department of Transport;

(xi) "Director General" means the Director General of the Department;

(xii) "financial ringfencing" means that the entity is self-accounting in terms of profits and losses, has a sustainable balance sheet based on commercial accounting principles and has no hidden financial or other support;

(xiii) "framework" means an outline or skeleton which provides the structure and form around which a plan or policy or strategy is constructed;

(xiv) "Fund" means the National Land Transport Fund established in terms of section 35;

(xv) "Gazette" means the Government Gazette;

(xvi) "goal" means an idealised end state or a desired direction for the evolution of a system;

(xvii) "guideline" means a non-mandatory direction;

(xviii) "infrastructure" means the stock of fixed capital equipment and facilities in the transport system;

(xix) "integrated plan" means a plan aimed at the integrated development and management of an area that is compiled with regard to the general principles contained in Chapter 1 of the Development Facilitation Act, 1995 (Act No. 67 of 1995) and section 2 of this Act, and which encompasses a system which includes land use, spatial development, infrastructure, services and the financing thereof;

(xx) "integrated transport plan" means a plan produced as a result of an integrated process and relating to the regulation, provision and management of transport infrastructure (roads, rail, stations, terminals and public transport facilities) and for regulating public transport operations and services and the use of infrastructure by both operators of public transport and private travellers, developed in the context of a land use plan which is supportive of efficient public transport, and including details of public transport operations, circulation or movement and mobility needs, vehicles and rolling stock, depots, equipment and human resources;

(xxi) "integration" means the creation of a public transport system which is perceived as an homogenous unit regardless of ownership;

(xxii) "intermodal transport" means the integration and co-ordination of services, infrastructure and facilities between all modes within a transport system;

(xxiii) "land transport" means the movement of persons and goods on land by any means and the infrastructure facilitating such transport;

(xxiv) "limousine service" means an unscheduled public transport service provided by a motor vehicle with a seating capacity defined by regulation where the fare for a journey is decided before the journey begins;

(xxv) "long distance service" means a regular or scheduled public transport service which operates in terms of a permission that specifies the route, terminals and picking up and setting down points where passengers are carried-

  1. for purposes other than daily commuting; and
  2. beyond the boundaries of areas provided with public transport services under commercial service contracts, subsidised service contracts or concessions;

(xxvi) "LTCC" means the Land Transport Co-ordinating Committee established in terms of section 34;

(xxvii) "MEC" means the member of the executive council of a provincial government responsible for transport affairs;

(xxviii) "metered taxi service" means a public transport service by a motor vehicle with a seating capacity defined by regulation where the vehicle-

  1. is able to be hailed for hire when not hired;
  2. is able to be hired through electronic communication;
  3. may stand for hire at a rank; and
  4. is equipped with a sealed meter to charge fares.

(xxix) MINCOM means the Ministerial Conference of Ministers of Transport, consisting of the Minister and all of the MECs;

(xxx) "Minister" means the national Minister of Transport;

(xxxi) "motor vehicle" or means a motor vehicle as defined in the Road Traffic Act, 1989 (Act 29 of 1989);

(xxxii) "municipality" means any form of local government and includes a metropolitan council, metropolitan local council, local council, district council, rural council, representative council, services council or services board;

(xxxiii) "National Register" means the National Register established in terms of section 30;

(xxxiv) "objective" means a target the attainment of which will help towards reaching a stated goal;

(xxxv) "operator" means a person carrying on the business of providing a public transport service;

(xxxvi) "passenger transport" is a generic term which describes the movement of persons by any travel mode, including movement by motorised and non-motorised modes and on foot, and encompasses inter-city, urban and rural passenger travel, for any purpose, by air, sea and over land and by both private and public travel modes;

(xxxvii) "permission" means the authority to operate public transport by road issued by a provincial permit board;

(xxxviii) "policy" means an adopted framework or basis of action needed to overcome identified problems and achieve stated goals and objectives;

(xxxix) "prescribed" or "prescribed by regulation" means prescribed by the Minister by regulation in the Gazette, or by the MEC by regulation in the relevant Provincial Gazette, as the case may be;

(xxxx) "principle" means a fundamental rule concerning the behaviour of a system;

(xxxxi) "private transport" means transport by private modes for personal or business related travel and excludes public transport;

(xxxxii) "provincial fund" means a provincial land transport fund established in terms of section 38;

(xxxxiii) "provincial permit board" means a board appointed by an MEC as contemplated in section 27 to consider applications for and issue permissions;

(xxxxiv) "provincial transport framework" means a provincial transport framework contemplated in section 42;

(xxxxv) "public transport" means any service for the carriage of passengers by road and rail where the service is provided for a fare or other consideration including-

  1. a commercial service contract;
  2. a subsidised service contract;
  3. a charter service;
  4. a long-distance service;
  5. a metered taxi service;
  6. an unscheduled service;
  7. a scheduled service;
  8. a rail service;
  9. a tourist service;
  10. a limousine service, and excludes a courtesy service and a staff service;

(xxxxvi) "public transport plan" is any plan prepared and regularly updated by a transport

authority in consultation with its constituent communities, which specifies the public transport service that it proposes to provide or allow to operate within its area of jurisdiction in terms of routes, modes, service frequency, fare structure and any other matter pertinent to the integrated transport plan of which it is a part;

(xxxxvii) "rail service" means a public transport service by rail provided in terms of a public transport plan;

(xxxxviii) "registered operator" means an operator registered in the National Register or by a provincial registrar;

(xxxxix) "Registrar" means a provincial registrar contemplated in section 31;

(L) "Regulatory Committee" means the Regulatory Committee established by section 12 of the Cross Border Road Transport Act, 1997 (Act ... of 1997);

(Li) "requirement" means a minimum specification imposed by a "higher" level of government on a "lower" level, within the power of such higher level, in order that they may fulfil their functions contemplated by the Constitution;

(Lii) "ringfencing" means that the entity is self-accounting in terms of profit and loss, has a sustainable balance sheet based on commercial accounting principles, has no hidden financial or other support, and is separate from the transport planning function, with safeguards to ensure no preferential treatment for contracts or anti-competitive practices in the tendering system;

(Liii) "scheduled service" means a public transport service operating on a specified route in accordance with a regular timetable in terms of a public transport plan;

(Liv) "strategy" means a plan or programme of action to be taken in terms of a policy, and includes projects;

(Lv) "subsidised service contract" means an agreement to operate a route or network in terms of a public transport plan under which the operator is remunerated partly by passenger fares and partly from subsidy support in terms of a tendered contract;

(Lvi) "staff service" means a passenger transport service provided with an employer's vehicle or a vehicle provided under private contract with an operator for the exclusive use of its employees;

(Lvii) "this Act" includes any regulations made thereunder;

(Lviii) "tourist service" means a public transport service, accompanied by a tour guide, for the carriage of tourists who have pre-booked on a tour itinerary which is publicly available, to tourist attractions;

(Lvix) "traffic management" means the application of engineering measures such as traffic calming, road marking, road signs and traffic signals to regulate the use of road space and the speed, flow and safety of traffic, such engineering methods to be supported by law enforcement and economic measures including the application of road user charges;

(Lx) "Transnet" means the company Transnet Limited established by section 2 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989);

(Lxi) "transport area" means an area for which a transport authority has been established;

(Lxii) "transport authority" means an authority designated by a MEC as contemplated in section 32 for a designated transport area;

(Lxiii) "transport authority fund" means a fund established for a transport authority as contemplated in section 38;

(Lxiv) "transport improvement programme" means a plan which incorporates a prioritised group of projects for implementation within specified time periods for the attainment of stated goals and objectives;

(Lxv) "transport plan" is any plan prepared by a transport authority and approved by the MEC which integrates infrastructure, land-use, public transport, goods movement, traffic and travel demand management plans and programmes;

[Note: The question of whether transport plans should be approved by the MEC is currently being discussed.]

(Lxvi) "travel demand management" means a system of actions to maximise the capacity of the transport system for the movement of people and goods rather than vehicles and includes increasing vehicle occupancy, priority measures for public transport, encouraging off-peak travel, shifting demand between modes, restricting the space available for parking, the pricing of parking and other like measures;

(Lxvii) "unscheduled service" means a public transport service operating on a specified route or within a defined area in terms of a public transport plan;

(Lxviii) "vehicle" means a motor vehicle.

PART 2

NATIONAL LAND TRANSPORT PRINCIPLES AND POLICY

2. Principles for national land transport policy

All activities regarding land transport policy shall be undertaken within the framework of the following principles:

  1. public transport shall be promoted and enjoy priority over private transport, subject to qualifications to be determined by the Minister by regulation in respect of matters such as the protection of road networks, and emergency services;
  2. scarce resources available for the provision of transport shall be optimised;
  3. policies, particularly those involving investment in infrastructure and operations, shall be sustainable;
  4. efficiency and effectiveness shall be promoted in the rendering of services and the administration of transport functions;
  5. co-ordination of institutional functions in transport and the delivery of land transport services shall be promoted;
  6. land transport functions shall be integrated with related functions such as land use and economic development and in the delivery of passenger services by different modes;
  7. the goals of the Reconstruction and Development Programme for meeting basic needs, growing the economy, developing human resources, and democratising decision making shall be supported,

provided that, in observing these principles, transport authorities must be mindful of the constitutional principles pertaining to the allocation of powers between levels of government, and that powers shall be allocated to the level at which decisions in respect of the quality and rendering of services can be taken most effectively, but where possible at the lowest competent level of government.

3. National land transport policy

[Note: It may be preferable to embody this section in regulations, as policy should be flexible and will be easier to change in regulations.]

(1) The Minister may on behalf of the Government, by proclamation in the Gazette, determine national land transport policy including inter alia-

  1. the government's goals in relation to land transport in the Republic; and
  2. the policy objectives to be pursued to achieve the government's goals in relation to land transport in the Republic; and
  3. the measurable targets (key performance indicators) to be met to achieve those goals and policy objectives, or prescribe such policy in greater detail, whereupon such policy shall apply throughout the Republic

(2) The national land transport policy shall be consistent with the principles set out in section 2 and shall, where possible, be consistent with any national policy statement for the time being in force.

(3) The Minister shall publish in the Gazette for comment details of any policy he or she intends to determine in terms of subsection (1).

(4) The principles set out in section 2 and any policy determined by the Minister under subsection (1) may be referred to by a court of law when interpreting the provisions of this Act.

PART 3

POWERS AND DUTIES OF THE MINISTER

4. General powers

(1) In order to achieve the objects of this Act, the Minister may, after consultation with all affected parties, alone or in collaboration with or through any other Minister, MEC, any transport authority or municipality or any other person or institution do research or cause research to be done, institute any inquiry or cause any inquiry to be instituted or collect information or cause information to be collected, whether in the Republic or elsewhere, in connection with any matter which has or is likely to have an effect on the transport system of any area in the Republic, including the transport characteristics of that area and, in so far as any neighbouring area has or is likely to have any effect on the transport system of that area, the transport characteristics of any such neighbouring area, including but not limited to-

  1. the movement of persons and goods in that area;
  2. the existing and the planned transport infrastructure in that area;
  3. the sensitivity of the natural environment to transport development;
  4. economic and land use planning.

(2) The Minister shall-

  1. prepare a comprehensive land transport research programme aimed at achieving the goals and objectives of national transport policy, carry it out systematically and assign research projects to persons or institutions who, in his or her opinion, are best equipped to carry them out;
  2. ensure the collection of information in connection with land transport and the making available thereof to authorities, the persons concerned and the public generally;
  3. give guidance regarding land transport by means of congresses, symposia, workshops, training courses and study weeks, mass communication media and in any other manner he or she deems fit;
  4. promote and facilitate the increased utilisation of public transport;
  5. take ongoing steps that are calculated to ensure that there is no duplication of effort among the provinces or between the provinces and the national government.

(3) The Minister may-

  1. enquire into any matter falling within the objects of this Act;
  2. perform any other task which falls within the objects of this Act.

(4) The Minister shall ensure that public transport is developed in a way that-

  1. takes into account national and international benchmarks and best practice;
  2. promotes, within overall transport objectives, the safety of passengers;
  3. encourages efficient, competitive and commercial behaviour in the provision of public transport;
  4. ensures a strategic and integrated approach to the provision of public transport;
  5. promotes energy efficiency and reduces adverse environmental impact.

(5) The Minister shall ensure that public transport operates to achieve-

  1. efficiency;
  2. cost effectiveness;
  3. the highest quality and accessibility of service, and effective infrastructure consistent with reasonable cost; and
  4. operational safety.

(6) The Minister shall ensure that funding provided by the national Government for public transport is applied in an efficient, cost effective, equitable and transparent way.

5. Specific powers of the Minister in terms of this Act

In order to perform his or her functions, the Minister may-

  1. finance research in connection with land transport;
  2. finance demonstration or pilot projects in land transport;
  3. disseminate information in connection with land transport by means of the press, radio, television or other media;
  4. assist provinces which do not have the necessary staff in the execution of any of the functions assigned to them;
  5. assist in providing training facilities for operators;
  6. give guidance to associations or bodies of persons working towards the promotion of public transport;
  7. arrange congresses, symposia, workshops, training courses and study weeks and, if necessary, pay the costs thereof and remunerate persons contributing thereto; and
  8. take any other steps that may be necessary to achieve the objects of this Act.

6. Land transport regulations

(1) The Minister may make regulations with respect to the transport functions contemplated in this Act including, but not limited to, the following:

  1. the form, content and means of awarding of and procedure for entering into concessions;
  2. the effect of non-compliance with any time limit prescribed under this Act;
  3. the powers, duties and functions of transport authorities;
  4. the fees and travelling allowances, if any, to be charged or paid in respect of any act required or authorised to be done under this Act;
  5. the procedure for and manner in which appeals to the Commission shall be conducted;
  6. the process of national registration of taxi associations and taxi operators;
  7. the co-ordination of and collaboration between law enforcement agencies at local, provincial and national level;
  8. any other matter which in terms of this Act is required or permitted to be prescribed;
  9. any other matter which he or she considers necessary to prescribe in order to achieve the objects of this Act.

(2) The Minister may make different regulations in respect of different areas.

7. Delegation

(1) The Minister may delegate or assign any power or duty conferred or imposed upon him or her under this Act to a MEC or to any officer in the Department.

(2) A delegation or assignment under subsection (1) shall not prevent the Minister from himself or herself exercising the power or performing the duty concerned.

8. Intermodal co-ordination

In carrying out his or her functions under this Act, the Minister shall-

  1. ensure co-ordination between public transport modes to promote accessibility, reduce the need to travel and to promote infilling, densification and mixed land uses;
  2. ensure that land transport planning be carried out in an integrated fashion covering all modes, infrastructure, land use and public and private transport, which results in a focus on the most efficient way of moving from point to point in the system;
  3. promote effective and continuing partnerships among all the key participants in intermodal planning which result in working relationships reflecting long-term commitment, a sense of co-operation, and shared risks and benefits among participants;
  4. ensure that intermodal planning is an iterative, interactive and continuous process which involves stakeholder participation, development of information on interactions between modes, an evaluation framework, trade-off analyses and coalition building which lead to improving the performance of the land transport system, where the following performance measures must be taken into account:
    1. level of service;
    2. convenience;
    3. flexibility for accommodating additional intermodal travel;
    4. quality of travel;
    5. safety;
    6. cost of travel;
    7. reliability;
    8. environmental impact;
    9. opportunity for expansion of intermodal capabilities;
    10. trip time;
    11. amount of capacity, and
    12. energy use and efficiency;
  5. ensure that in the promotion of intermodalism consideration is given to user choice, whereby the user benefits from competition among different modes, independently or in combination.

PART 4

NATIONAL TRANSPORT COMMISSION

[Note: Two options are provided for the National Transport Commission for discussion purposes. In the first option the functions of the Commission are wider than merely the hearing of appeals in respect of applications for permissions. These wider functions include advising the Minister and possibly managing the proposed National Land Transport Fund. In the second option the Commission will be responsible only for hearing such appeals, and the Minister of Transport will fulfil the other functions. The structure of the Commission will depend on the functions finally allocated to it.]

ALTERNATIVE 1: COMMISSION RESPONSIBLE FOR WIDER FUNCTIONS THAN THE HEARING OF APPEALS

9. Establishment of National Transport Commission

There is hereby established a juristic person to be known as the National Transport Commission.

ALTERNATIVE TO SECTION 9

The Minister may recognise any body of persons established under any law as the National Transport Commission.

10. Functions of Commission

(1) The Commission shall administer the National Land Transport Fund and advise the Minister regarding allocations to the Fund.

(2) The Commission shall monitor the implementation of land transport policy, conduct investigations into disputes arising from the implementation of such policy and advise the Minister on any necessary policy adjustments.

(3) The Commission shall consider all appeals concerning acts, directions or decisions of the Regulatory Committee and the provincial permit boards, except appeals relating to intra-provincial public transport within any province that has established its own appeal body in respect of intra-provincial public transport.

(4) The Commission shall annually submit to the Minister for his or her approval, estimates of expenditure to be defrayed from the Fund and shall make no payment from the Fund except in accordance with estimates so approved or with the prior approval of the Minister.

[Note: If the Commission is to administer the Fund, some additional provisions may be required.]

11. Composition of Commission

(1) The Commission shall consist of not more than ten and not less than six members appointed by the Minister who are in the opinion of the Minister fairly representative of urban and rural transport interests or sectors, of whom-

  1. two shall be persons nominated by MINCOM;
  2. not more than four shall be persons nominated by organisations and community-based groups in civil society who represent the interests of communities intended to benefit from transport in urban and rural areas; and
  3. not more than four shall be persons who have expertise and experience relevant to the functions of the Commission, at least one of which shall be or have been a judge or magistrate or a practising attorney or advocate of not less than ten years standing.

(2) Prior to the appointment of a person to the Commission, the Minister shall-

  1. make known his or her intention to appoint such person by notice in the Gazette; and
  2. consider any comment or objection in respect of such appointment, which might be received by him or her from any person or body.

(3) The chairperson and deputy chairperson of the Commission shall be designated by the Minister, and the deputy chairperson shall act as chairperson of the Commission whenever the chairperson is for any reason unable to act as such.

(4) Whenever both the chairperson and the deputy chairperson of the Commission are absent or unable to fulfil any of the functions of the chairperson, the members of the Commission shall designate any other member of the Commission to act as chairperson of the Commission during such absence or incapacity.

(5) The Director General shall cause notice of the appointment of a member of the Commission, and the date of the appointment, to be published in the Gazette.

12. Period of office of members of Commission

(1) A member of the Commission shall hold office for the period specified by the Minister upon his or her appointment, but not exceeding three years, or, if no such period is specified, for a period of three years from the date of his or her appointment, and may be re-appointed on the termination of such period.

(2) A member of the Commission vacates his or her office if-

  1. he or she resigns;
  2. his or her estate is sequestrated;
  3. he or she is incapacitated to the extent of not being able to perform his or her duties;
  4. he or she is convicted of an offence involving dishonesty or corruption or sentenced to imprisonment without the option of a fine; or
  5. he or she is nominated as a candidate for election as a member of Parliament, a provincial legislature or the council or other governing body of a municipality.

(3) A Minister may remove from office any member of the Commission-

  1. who has failed to comply with a condition of his or her appointment; or
  2. who, in the opinion of the Minister, has been guilty of improper conduct or has regularly neglected his or her duties as a member of the Commission; or
  3. who, in the opinion of the Minister, is unable to perform efficiently his or her duties as a member of the Commission;
  4. who, in the opinion of the Minister has failed to attend three consecutive meetings of the Commission without good reason;
  5. who, in the opinion of the Minister, will not be able to be impartial in the exercise of his or her duties as contemplated in subsection (5).

(4) The Minister shall ensure that members of the Commission remain representative of the bodies or institutions that they represent during their terms of appointment.

(5) Members of the Commission shall disclose the fact that they or their near relations are financially interested in any business of public transport or freight transport or are engaged in any activity connected with such transport which may interfere with the impartial discharge by such member of their duties of office, if this is the case, before assuming their duties as such members.

13. Meetings of Commission

(1) The first meeting of the Commission shall be held at the time and place determined by the Minister, and thereafter meetings will be held at the times and places determined by the chairperson of the Commission.

(2) The chairperson or, in his or her absence, the deputy chairperson, may at any time in his or her discretion convene a special meeting of the Commission, and shall convene such meeting within fourteen days of receipt of a request signed by not fewer than three members of the Commission to convene such a meeting.

(3) A quorum for a meeting of the Commission shall be three members.

(4) The procedure at meetings of the Commission, including the procedure for taking decisions, shall be determined by the Commission subject to the directions of the Minister, if any.

(5) The decision of the majority of the members of the Commission present at any meeting shall constitute the decision of the Commission in respect of those proceedings and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.

(6) Appeals should be heard and decisions thereon communicated to all relevant parties within the time determined by the Minister by regulation, provided that appeals shall be heard within 60 days of noting thereof.

14. Conditions of service of members of Commission

(1) A member of the Commission, other than a person who is in the full-time employment of the State, shall be appointed on the conditions of service, including conditions relating to the payment of remuneration and allowances, which the Minister determines with the concurrence of the national Minister of Finance.

(2) Conditions of service determined under subsection (1) may differ according to whether the person concerned is a member or serves on the Commission because of his or her office or on a full-time or part-time basis or in a professional capacity.

15. Administrative, secretarial and investigatory functions of Commission

The administrative, secretarial and investigatory functions of the Commission shall be performed by:-

  1. officers and employees in the public service designated for such purpose by the Director-General; and
  2. outside organisations or persons according to conditions of service determined by the Director-General.

16. Expenditure of Commission

The expenditure in connection with the exercise of the powers and the performance of the functions of the Commission shall be paid out of money appropriated by Parliament for the purpose.

17. Appeals to Commission

(1) Save as otherwise provided in this Act and subject to subsection (2), any person who-

  1. has applied to a provincial permit board or the Regulatory Committee for the grant, renewal, amendment or transfer of any permission or permit;
  2. is the holder of any permission or permit issued by a provincial permit board or the Regulatory Committee;
  3. in the manner and within the time prescribed by regulation, submitted representations to the provincial permit board or Regulatory Committee objecting to or supporting any application published by such board or Committee,

and is affected by any act, direction or decision of that board or Committee, may, in the manner and within the time prescribed by regulation, after the said act was performed or the said direction or decision was given, appeal against such act, direction or decision to the Commission.

(2) Where a province has established its own appeal body to hear appeals relating to intra-provincial transport, this section shall not apply to the hearing of such appeals.

(3) Where a provincial permit board or the Regulatory Committee notifies any person of a direction or decision contemplated in subsection (1) by means of a written document, the date of that document shall be deemed to be the date on which that direction or decision was given.

(4) The Commission shall receive and, subject to the provisions of subsection (5) and the regulations, consider any appeal lodged with it in terms of subsection (1) and may, in its discretion-

  1. reject the appeal and confirm the act, direction or decision appealed against; or
  2. uphold the appeal, set aside the act, direction or decision appealed against, and-
    1. substitute therefor any other act, direction or decision which the board concerned could have performed or given; or
    2. remit the matter which gave rise to the appeal to the board concerned for consideration afresh; or
  3. uphold the appeal partially and vary the act, direction or decision appealed against.

(5) The chairperson of the Commission or a member thereof nominated by the chairperson may, in his or her discretion-

  1. grant an application for condonation of the late filing of a notice or appeal, provided such appeal is lodged in the manner prescribed by regulation within forty-two days after the act, direction or decision appealed against, or refuse it;
  2. grant or refuse an application to suspend the operation of an act, direction or decision appealed against;
  3. set aside an act, direction or decision appealed against and remit the matter to the board or Committee concerned for consideration afresh.

(6) Any act, direction or decision of the Commission under subsection (4)(b)(i) or (c) shall, except for the purposes of subsection (1), be deemed to be an act, direction or decision of the board or Committee against whose act, direction or decision the appeal was brought.

(7) The Commission shall provide any interested person on request, within fourteen days with written reasons for any decision made by it in terms of this section.

18. Procedure

(1) The Commission may, for the purpose of dealing with any matter before it in terms of this Act-

  1. allow any person affected by or interested in such matter, or the duly authorised representative of such a person, to appear before it and-
    1. to give evidence or make oral representations relevant to such matter; or
    2. to call witnesses and lead evidence on any question relevant to such matter; or
    3. to question any person who testified as a witness in such matter;
  2. by written notice prescribed by regulation and served in the manner so prescribed, require any person to appear before it to give evidence or to produce any book, plan or other document or article in his or her possession or under his or her control;
  3. call upon any person present in or at the place where such matter is dealt with by the Commission, to appear before it to give evidence or to produce any book, plan or other document or article which such person has with him or her;
  4. question any person appearing before it as a witness;
  5. refuse to hear any person appearing before it as a witness who refuses to be sworn or to be affirmed.

(2) The person presiding at a meeting of the Commission at which any person appears as a witness may administer an oath or affirmation to the person so appearing.

(3) A member of the Commission shall not take part in the discussion of or the making of decisions about any matter before the Commission in which he or she or his or her spouse, immediate family, partner or employer, including the State, or the partner or employer of his or her spouse, has, directly or indirectly, any pecuniary interest.

19. Mediation

(1) If any party to a dispute serving before the Commission applies to the Commission for the appointment of a mediator, the Commission may, or, if it is, after an inquiry, of the opinion that any dispute before it should, before any further inquiry is held by it, first be referred to mediation, the Commission shall, after consultation with the parties, appoint a person acceptable to all parties, as a mediator in such dispute: Provided that should all parties to the dispute not agree on the person to be so appointed, the Commission may appoint any person from the panel of mediators referred to in subsection (2) to act as mediator in that dispute.

(2) The Minister shall appoint a panel of mediators by reason of their qualifications in and experience or knowledge of mediating transport or similar disputes, for the purpose of being appointed as mediators under subsection (1).

(3) The panel of mediators referred to in subsection (2) shall be appointed by the Minister for the period specified by him or her upon their appointment and on the conditions, including conditions relating to remuneration and allowances determined by him or her.

(4) A mediator appointed under subsection (1) shall confer with the parties to the dispute, conduct such inquiries and investigations as he or she may deem necessary, endeavour to bring about a settlement and make a report to the Commission as to the results of his or her mediation and for these purposes shall have all of the powers conferred on the Commission.

(5) All discussions, disclosures and submissions made during mediation shall be privileged, unless the parties agree otherwise.

[Note: The mediation procedure could apply if the Commission is tasked with the function of solving disputes other than appeals in respect of applications for permits and permissions.]

20. Procedure for mediation

(1) The Minister may in respect of the Commission make, amend or repeal rules regulating-

  1. the form of process and the procedure at or in connection with the proceedings of the Commission;
  2. the procedure at or in connection with mediation;
  3. the representation of any party in mediation proceedings before the Commission and the basis upon which such party who requires representation by any other person but is unable to afford such representation, may qualify for financial or other assistance from the State;
  4. the powers, functions and duties of the administrative office of the Commission and the hours during which such office shall be open for business;
  5. the period within which an appeal shall be noted;
  6. the order of preference to be given to matters serving before the Commission, to ensure that priority is given to matters where delays are likely to affect adversely persons with pressing needs;
  7. generally all matters necessary for or incidental to the exercise of the powers and the performance of the functions of the Commission.

(2) The Minister may repeal or amend any rule made under subsection (1).

21. Review by Supreme Court

(1) Without derogating from the constitutional right of any person to gain access to any court of law, the proceedings of the Commission may be brought under review before any division of the Supreme Court having jurisdiction under the Supreme Court Act, 1959 (Act 59 of 1959).

(2) To the extent that a review relates to an interested person's rights which have been affected as a result of a mistake of law, the review court may nevertheless review the matter if, in the absence of such mistake, the decision of the Commission could not reasonably be justified on the facts found by the review court.

ALTERNATIVE 2: COMMISSION RESPONSIBLE ONLY FOR THE HEARING OF APPEALS AND CALLED A "TRANSPORT APPEAL TRIBUNAL"

22. Establishment of Transport Appeal Tribunal

(1) There is hereby established a Transport Appeal Tribunal.

ALTERNATIVE TO SUBSECTION 1

(1) The Minister may recognise any body of persons established under any law as a Transport Appeal Tribunal.

(2) The Transport Appeal Tribunal shall be a tribunal of record.

(3) The Minister may make regulations regarding periods and terms of office, conditions of service, remuneration and allowances of Tribunal members, and procedure at and frequency of meetings of the Tribunal.

23. Functions of Tribunal

The Tribunal shall consider all appeals concerning acts, directions or decisions of the Regulatory Committee and the provincial permit boards, except appeals relating to intra-provincial public transport within any province that has established its own appeal body in respect of intra-provincial public transport.

24. Composition of Tribunal

(1) The Transport Appeal Tribunal shall consist of three persons appointed by the Minister, one of whom shall have knowledge of the law and two of whom shall have knowledge of or experience in passenger or freight transport matters.

(2) The Minister shall designate a member of the Tribunal as chairperson.

(3) The Director General shall cause notice of the appointment of a member of the Tribunal, and the date of the appointment, to be published in the Gazette.

25. Appeals to Tribunal

(1) Save as otherwise provided in this Act and subject to subsection (2), any person who-

  1. has applied to a provincial permit board or the Regulatory Committee for the grant, renewal, amendment or transfer of any permission or permit;
  2. is the holder of any permission or permit issued by a provincial permit board or the Regulatory Committee;
  3. in the manner and within the time prescribed by regulation, submitted representations to the provincial permit board or Regulatory Committee concerned objecting to or supporting any application published by such board or Committee,

and is affected by any act, direction or decision of that board or Committee, may, in the manner and within the time prescribed by regulation, after the said act was performed or the said direction or decision was given, appeal against such act, direction or decision to the Tribunal.

(2) Where a province has established its own appeal body to hear appeals relating to intra-provincial transport, this section shall not apply to the hearing of such appeals.

(3) Where a provincial permit board or the Regulatory Committee notifies any person of a direction or decision contemplated in subsection (1) by means of a written document, the date of that document shall be deemed to be the date on which that direction or decision was given.

(4) The Tribunal shall receive and, subject to the provisions of subsection (5) and the regulations, consider any appeal lodged with it in terms of subsection (1) and may, in its discretion-

  1. reject the appeal and confirm the act, direction or decision appealed against; or
  2. uphold the appeal, set aside the act, direction or decision appealed against, and-
    1. substitute therefor any other act, direction or decision which the board or Committee concerned could have performed or given; or
    2. remit the matter which gave rise to the appeal to the board or Committee concerned for consideration afresh; or
  3. uphold the appeal partially and vary the act, direction or decision appealed against.

(5) The chairperson of the Tribunal or a member thereof nominated by the chairperson may, in his or her discretion-

  1. grant an application for condonation of the late filing of a notice or appeal, provided such appeal is lodged in the manner prescribed by regulation within forty-two days after the act, direction or decision appealed against, or refuse it;
  2. grant or refuse an application to suspend the operation of an act, direction or decision appealed against;
  3. set aside an act, direction or decision appealed against and remit the matter to the board or Committee concerned for consideration afresh.

(6) Any act, direction or decision of the Tribunal under subsection (4)(b)(i) or (c) shall, except for the purposes of subsection (1), be deemed to be an act, direction or decision of the board or Committee against whose act, direction or decision the appeal was brought.

(7) The Tribunal shall provide any interested person on request, within fourteen days with written reasons for any decision made by it in terms of this section.

26. Procedure

(1) The Tribunal may, for the purpose of dealing with any matter before it in terms of this Act-

  1. (a) allow any person affected by or interested in such matter, or the duly authorised representative of such a person, to appear before it and-
    1. to give evidence or make oral representations relevant to such matter; or
    2. to call witnesses and lead evidence on any question relevant to such matter; or
    3. to question any person who testified as a witness in such matter;
  2. by written notice prescribed by regulation and served in the manner so prescribed, require any person to appear before it to give evidence or to produce any book, plan or other document or article in his or her possession or under his or her control;
  3. call upon any person present in or at the place where such matter is dealt with by the Tribunal, to appear before it to give evidence or to produce any book, plan or other document or article which such person has with him or her;
  4. question any person appearing before it as a witness;
  5. refuse to hear any person appearing before it as a witness who refuses to be sworn or to be affirmed.

(2) The person presiding at a meeting of the Tribunal at which any person appears as a witness may administer an oath or affirmation to the person so appearing.

(3) A member of the Tribunal shall not take part in the discussion of or the making of decisions about any matter before the Tribunal in which he or she or his or her spouse, immediate family, partner or employer, including the State, or the partner or employer of his or her spouse, has, directly or indirectly, any pecuniary interest.

PART 5

ESTABLISHMENT OF PROVINCIAL PERMIT BOARDS

[Note: With the establishment of transport authorities, the role of permit boards may require revision and will be transitional until transport authorities are established and are in a position to carry out effective planning and deal with functions that are currently carried out by the boards.]

27. Establishment of provincial permit boards

(1) Each Province shall establish a provincial permit board with the function of dealing with applications relating to permissions: provided that such board may delegate its functions to other suitable institutions or bodies.

(2) Members of such board(s) and delegated institutions and bodies shall have the necessary independence, objectivity and impartiality and the capability to understand the needs and characteristics of the public transport industry in the relevant province.

PART 6

APPLICATIONS FOR PERMISSIONS AND AD HOC AUTHORIZATIONS

28. Granting of permissions

A provincial permit board shall grant permissions to registered operators and qualifying service providers-

  1. on the recommendation of the transport authority in respect of the permissions required for the public transport services specified in its public transport plan;
  2. subject to provincial legislation and the criteria established by the relevant MEC.

29. Ad hoc authorizations

(1) No person may underake a charter service except under the authority of an ad hoc authorization issued and completed under this section.

(2) Any holder of a permission may apply to the provincial permit board which issued such permission for the issue to him, her or it, on payment of the prescribed fee, of a series of ad hoc authorizations.

(3) Permit boards shall sequentially number ad hoc authorizations issued by them and keep a register of such authorizations with the name of the holder to which they have been issued.

(4) Before commencing a charter service, the operator concerned shall complete an ad hoc authorization for the trip(s) in question in the manner prescribed by regulation and shall keep the authorization on the relevant vehicle at all times when the charter service is undertaken and produce it on demand to an authorized officer.

(5) As soon as possible, but not later than 36 hours after completion of the charter service, the operator shall submit a completed copy of the ad hoc authorization to the relevant provincial permit board and, in the case of a minibus taxi service as defined in provincial legislation, to the relevant registered taxi association(s) operating on the route(s) or network(s) in question.

(6) Any person who habitually undertakes charter trips without completing the necessary authorizations, or who habitually abuses ad hoc authorizations, for example by undertaking regular services in the guise of charter services, may be disqualified by the relevant provincial permit board(s) from being issued with such authorizations in the future or from the undertaking of charter services.

[Note: The above section may be more appropriate in regulations.]

PART 7

ESTABLISHMENT OF NATIONAL TAXI REGISTER AND PROVINCIAL TAXI REGISTRARS

30. Establishment of National Taxi Register

[Note: This Part currently only involves taxis. The White Paper provides, however, that all public transport operators should be registered, and it is envisaged that the Registrar's functions will be expanded later to include other public transport modes as well, subject to discussions with interested parties.

The Minister shall establish a National Taxi Register in which shall be recorded such details of operators, vehicles and services as may be prescribed.

31. Appointment of provincial taxi registrars

Each province shall appoint a provincial taxi registrar in accordance with guidelines to be provided by the Minister and in terms of provincial legislation, and regulations to be made by the MEC.

PART 8

ESTABLISHMENT OF TRANSPORT AUTHORITIES

32. Establishment of transport authorities

(1) The MECs may establish transport authorities in accordance with guidelines made by the Minister.

(2) An MEC may, by agreement with the MEC of another province, establish a transport authority for a transport area embracing areas falling within the jurisdiction of both provinces provided that such areas are contiguous, in which case the financial implications of such establishment shall be agreed between the parties.

33. Power of Minister

The Minister may facilitate agreements between provinces regarding the establishment of transport authorities or the joint exercise of functions by such authorities where functional transport areas cross provincial boundaries.

34. Establishment of Land Transport Co-ordinating Committee

[Note: This section is put forward as an option for consideration.]

(1) There is hereby established a Land Transport Co-ordinating Committee (LTCC), consisting of one representative from each province and not more than ... representatives from transport authorities and municipalities in each province, as designated by the MEC of the province concerned after consultation with all municipalities in the province.

(2) The functions of the LTCC shall be-

  1. to co-ordinate land transport matters between the provinces inter se, and between provinces, transport authorities and municipalities;
  2. to formulate guidelines and standards on land transport matters for transport authorities, municipalities and provinces to further the objects of this Act;
  3. to advise the Minister and MECs on land transport matters;
  4. to investigate technical and economic matters regarding land transport referred to it by the Minister or an MEC;
  5. to submit proposals for amendments to legislation, guidelines and standards;
  6. to exchange information and expertise between its members.

(3) The LTCC shall annually elect a chairperson.

(4) When the chairperson of the LTCC is absent or unable to act as such, the LTCC shall elect a chairperson from its members for the specific meeting in question.

(5) The LTCC shall meet at least four times per annum.

(6) The LTCC may make rules for the conduct of its affairs and activities.

(7) The secretarial and administrative functions of the LTCC shall be performed by the Department.

(8) The LTCC may form subcommittees which may be temporary or permanent to investigate or research specific matters.

(9) Without derogating from subsection (8), the LTCC shall form a permanent subcommittee on planning, with the function of-

  1. providing inputs to transport planning policy, including infrastructure, public transport, traffic management, operations and financial issues;
  2. preparing integrated guidelines on transport planning matters;
  3. advising the LTCC on all aspects of metropolitan, urban and rural planning activities;
  4. maintaining and monitoring a collective data base.

PART 9

ESTABLISHMENT AND ADMINISTRATION OF NATIONAL LAND TRANSPORT FUND AND PROVINCIAL LAND TRANSPORT FUNDS

[Note: Money in the current national Urban Transport Fund will be transferred to the National Land Transport Fund and money in the provincial Urban Transport Funds to the relevant provincial land transport fund.]

35. Establishment of National Land Transport Fund

(1) A National Land Transport Fund is hereby established, into which shall be paid-

  1. all money appropriated by Parliament for the pursuing of the objects of this Act;
  2. levies collected in terms of section 37;
  3. interest on money invested in terms of subsection (3);
  4. money received from any other source.

(2) The Fund shall be controlled by the Minister [ALTERNATIVE: by the National Transport Commission].

(3) Cash balances in the fund not required for immediate purposes shall be invested in consultation with the Public Investment Commissioners referred to in the Public Investment Commissioners Act, 1984 (Act 45 of 1984).

(4) The Minister shall keep proper accounts of all monies accruing to or paid out of the Fund, which shall be audited by the Auditor-General.

36. Utilisation of the Fund

(1) The Minister may expend the money in the Fund for-

  1. appropriations to provinces, or, after consultation with the relevant MEC, to transport authorities, as he or she considers necessary to supplement the provincial land transport funds of such provinces, and may allocate the money so appropriated to such provincial funds;
  2. appropriations to the Corporation for establishing or maintaining infrastructure or rail operations: provided that such appropriations shall be in accordance with an applicable public transport plan;
  3. payments to the Corporation or rail operators in terms of concessioning agreements concluded in accordance with an applicable public transport plan;
  4. the payment of contributions to the costs of the provision and maintenance of public transport facilities;
  5. defraying a specified part of the expenditure incurred by any person or institution in connection with land transport research;
  6. making grants for the establishment and maintenance of chairs of transport engineering or transport economics, or any other subject directly connected with land transport, at universities or other educational institutions approved by him or her;
  7. making a grant to any person for training in transport engineering or transport economics or any other matter in relation to land transport;
  8. the introduction of new technology, through innovative and improved products, into land transport;
  9. any combination of the purposes mentioned above;
  10. any other purpose that will promote the objects of this Act;
  11. defraying the costs of the administration of the Fund.

(2) The Minister may with the concurrence of the Minister of Finance and the approval of the Minister of Foreign Affairs, enter into an agreement with the government of any foreign country for the subsidisation of public transport between the Republic and such country with money from the Fund, provided that such transport is provided in terms of an applicable public transport plan.

(3) The Minister may make grants or loans from the Fund to any province or transport authority for purposes of advancing the objects of this Act.

37. National transport levies

The Minister may, with the concurrence of the Minister of Finance, impose levies which shall be paid into the Fund.

38. Establishment of provincial land transport funds

Each Province shall establish a provincial land transport fund for its province into which shall be paid-

  1. all money appropriated for the fund by the province in question;
  2. appropriations received from the National Fund in terms of section 36;
  3. all money appropriated by the Department for the province for demonstration or pilot projects relating to public transport;
  4. interest on money invested;
  5. money received from any other source.

39. Utilisation of provincial land transport funds

The respective MECs may expend the money in the Provincial Land Transport Funds for-

  1. appropriations to transport authorities as they consider necessary to supplement the land transport funds of such authorities, and may allocate the money so appropriated to such authorities;
  2. appropriations to the Corporation for establishing or maintaining infrastructure or rail operations: provided that such appropriations for operations shall be in accordance with an applicable public transport plan;
  3. payments to the Corporation or rail operators in terms of concessions concluded in accordance with an applicable public transport plan;
  4. payments in terms of subsidised service contracts;
  5. assisting users of public transport to defray the cost of such transport;
  6. the payment of a contribution towards the costs of the provision and maintenance of public transport facilities;
  7. defraying a specified part of the expenditure incurred by any person or institution in connection with land transport research;
  8. any combination of the purposes mentioned above;
  9. any other purpose to achieve the objects of this Act;
  10. defraying the costs of the administration of the fund.

PART 10

INTEGRATED LAND USE AND TRANSPORT PLANNING PROCEDURES

(MODELLED ON THE DEVELOPMENT FACILITATION ACT)

40. General principles for land development

(1) The general principles set out in section 3 of the Development Facilitation Act (Act 67 of 1995) and the principles and policy set out in section 2 shall apply to integrated land use and transport plans.

(2) The principles and policy referred to in subsection (1) apply throughout the Republic and shall-

  1. also apply to the actions of the State, including provinces, and municipalities;
  2. serve to guide the administration of any physical plan, transport plan, guide plan, structure plan, zoning scheme, or any like plan or scheme administered by any competent authority in terms of any law;
  3. serve as guidelines by reference to which any transport authority shall exercise any discretion in terms of this Act or any other law dealing with land development including any such law dealing with the subdivision, use and planning of land and transport.

(3) The Minister may by notice in the Gazette-

  1. prescribe any principle for land development in addition to but not inconsistent with, the principles referred to in subsection (1); and
  2. prescribe any principle referred to in subsection (1) in greater detail, but not inconsistent therewith,

whereupon such principle shall apply throughout the Republic on the basis set out in subsection (2): provided that such a notice shall first be published for comment and consideration given to all comments received within 21 days of publication.

41. General principles for transport and spatial development

The following additional general transport and spatial principles apply to any land development:

  1. policy, administrative practice, laws and plans should promote efficient and integrated transport and spatial development in that they-
    1. must be subject to a land use and transport framework within an agreed development planning process:
    2. enhance the effective functioning of cities, towns and rural areas through integrated planning of land use, transport infrastructure, transport operations and bulk services;
  2. policy, administrative practice, laws and plans should promote effective spatial development, in that they-
    1. channel development, particularly employment activities, into public transport corridors and development nodes within the corridors;
    2. reflect priority being given to infilling, densification, mixed land use and the promotion of development corridors and nodes;
    3. discourage decentralisation which disperses employment activities; and
    4. contain unrestrained private vehicle usage and subsidisation of private vehicle parking through the application of strict parking policies, access restrictions for private vehicles, higher vehicle licence fees and road pricing and area licensing.

42. Preparation of provincial transport frameworks

Each province, whether it has been declared as a transport authority or not, shall prepare an integrated provincial transport framework containing-

  1. a long-term vision for road and rail transport in the province;
  2. provincial transport policy;
  3. a description of the approach to be followed in regulating transport;
  4. a description of the spatial development strategy integrating land use and transport development; and
  5. a description of the status quo of transport in the province in terms of key performance indicators specified in regulations issued in terms of this Act;
  6. transport plans.

43. Preparation of integrated transport plans

(1) Each transport authority shall within the prescribed time and in accordance with any national or provincial guidelines and regulations prepare an integrated transport plan for the co-ordination of, and the upgrading of transport in its area of jurisdiction and matters connected therewith.

(2) No part of a transport area shall be excluded from the ambit of an integrated transport plan.

(3) Plans must, specifically in terms of the national transport policy and national and provincial guidelines, address the transport needs of disabled people, namely, those listed in medical terms, the elderly, the frail, pregnant women, temporarily injured and others moving with difficulty.

44. Regulations for the preparation, submission and updating of provincial transport frameworks

The Minister may by notice in the Gazette, prescribe regulations or requirements regarding-

  1. the preparation, adjustment, revision and submission of provincial transport frameworks;
  2. the collection of data and information regarding the status quo of transport in a province;
  3. the periodic collection of data in the form of key performance indicators, reflecting the progress of each province in implementing national land transport policy; and
  4. the co-ordination of inter-provincial land transport.
  5. specification of the factors to be taken into consideration in the preparation of an integrated transport plan.

45. Principles and standards relating to transport for special categories of passenger

(1) Each transport authority shall consult with the provincial departments of health, welfare, tourism and education to determine the transport needs of the handicapped, elderly, tourists and scholars.

(2) The provincial transport framework should specify policy and standards for the conveyance of special categories of passengers.

(3) Funding and concessionary fare schemes for special categories of passengers should be co-ordinated by the provincial transport authority and be specified in the provincial transport policy framework.

(4) In preparing integrated transport plans, transport authorities should reflect and incorporate provincial policies for special categories of passengers, including concessionary fare schemes, staggered work and school hours and off-peak public transport services.

46. General matters

(1) In preparing, adjusting or revising a provincial transport framework, the province may by itself or in collaboration with any other person or authority make any investigation or cause any investigation to be made in connection with public transport or any other matter which in the opinion of the MEC is necessary or expedient for the effective carrying out of the provisions of this Act.

(2) Each province shall include in provincial transport frameworks the responsibilities and functions of transport authorities involved in the implementation of public transport improvement programmes and descriptions of provincial measures to aid transport authorities and municipalities to implement the programmes.

47. Integration of transport with land use planning

(1) Transport plans and frameworks prepared by any level of government shall not be prepared in isolation from land development objectives contemplated by the Development Facilitation Act (Act 67 of 1995) or of guide plans, structure plans, development plans, policy plans or any other plans affecting the utilization of land prepared by other relevant levels of government, and the authorities concerned shall collaborate to produce integrated plans that take cognisance of, inter alia-

  1. existing and planned public transport services servicing or to service the area, and
  2. the impact that the planned land utilisation will have on existing and future public transport services.

(2) Plans and objectives prepared under the Development Facilitation Act, 1995 (Act No. 67 of 1995), the Physical Planning Act, 1991 (Act No. 125 of 1991) and similar legislation at the national or provincial levels, and municipal by-laws, shall specifically take account of the public transport concerns mentioned in subsection (1).

PART 11

PROVISION OF ROAD PUBLIC TRANSPORT SERVICES

48. Principles for planning public transport services

(1) In preparing and updating a public transport plan, transport authorities shall determine the permissions required for its designated area for public transport where the service to be provided is-

  1. a commercial service contract;
  2. a subsidised service contract;
  3. a metered taxi service;
  4. a scheduled service;
  5. an unscheduled service, and where appropriate to the transport authority,
  6. a long distance service.

(2) In determining the permissions required, the transport authority shall take cognisance of national and provincal policies and principles.

49. Commercial service contracts

A transport authority may invite commercial service contracts by tender or in such other manner as allowed by regulation, provided that the service providers comply with the criteria set out in section 51 and that the Minister may provide in such regulations for exemptions from these requirements.

50. Subsidised service contracts

(1) A transport authority shall not enter into a subsidised service contract otherwise than by accepting a tender in accordance with regulations made by the MEC for this purpose and in accordance with an approved public transport plan: provided that the MEC may provide in such regulations for exemption from this requirement.

(2) A transport authority must incorporate routes or networks into subsidised service contracts in such a way as to-

  1. encourage competition for contracts;
  2. avoid monopolistic situations;
  3. encourage integration and co-ordination within and between modes;
  4. encourage supportive land use development;
  5. minimise the amount of subsidy required;
  6. meet the objectives of and comply with the policies set out in the transport plan.

51. Qualifying as a service provider for a commercial service contract or subsidised service contract

(1) In order to qualify as a service provider for a commercial service contract a public transport operator shall-

  1. be registered with the registrar(s) in the province(s) in which the contracted service(s) will operate;
  2. be a separate legal entity, and
  3. be liable for taxation.

(2) Municipal and State owned bus undertakings that do not comply with subsection (1)(b) and (c) will qualify as service providers for commercial service contracts or subsidised service contracts, subject to subsection (3), only in respect of routes or networks operated by them on 1 October 1996 provided that they-

  1. operate on business principles with financial ringfencing, and
  2. have no unfair access to financial resources other than on a commercial basis, or
  3. are ringfenced.

(3) Municipal and State owned bus undertakings, to qualify as service providers for commercial service contracts or subsidised service contracts must be totally corporatised by a date to be determined by the Minister by proclamation in the Gazette, after consultation with the relevant MECs.

52. Courtesy services and staff services

Courtesy services and staff services will not be subject to compliance with regulations made by the MEC in respect of public transport.

53. Regulations by MEC

The MEC may make regulations for the management and control of public transport services and facilities.

54. Offences

Any operator who-

  1. infringes the conditions of registration stipulated in provincial legislation;
  2. infringes the conditions or requirements of a permission;
  3. infringes any provision of this Act or any regulations made in terms of this Act;

shall be guilty of an offence and punishable on conviction by imprisonment for a period not exceeding the period prescribed by regulation or by a fine not exceeding the amount prescribed by regulation, or by both such fine and such imprisonment.

PART 12

ADMINISTRATION OF RAIL COMMUTER ASSETS AND PROVISION AND CONCESSIONING OF RAIL COMMUTER SERVICES

(NATIONAL LEGISLATION UNTIL DEVOLVED)

55. Continued existence of Corporation

The South African Rail Commuter Corporation Limited established by section 22 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989) shall continue to exist as a legal person notwithstanding the repeal of Chapter V of that Act.

56. Objects

(1) The main object and main business of the Corporation shall be to ensure that rail commuter services are provided within, to and from the Republic in the public interest, in accordance with relevant public transport plans.

(2) A secondary object and business of the Corporation is to generate income from the exploitation of its assets, which income shall be used primarily for the achievement of its main object.

57. Powers of Corporation

(1) To achieve its objects the Corporation shall have the capacity and powers of a natural person of full capacity insofar as a juristic person is capable of having such capacity or of exercising such powers.

(2) Without derogating from the generality of the provisions of subsection (1), the Corporation shall have power-

  1. to establish and maintain rail infrastructure and to operate rail commuter services;
  2. to develop, operate and exploit its assets;
  3. to manage its liabilities;
  4. to participate in the planning and co-ordination of public transport in collaboration with a transport authority;
  5. to enter into contracts and perform other legal acts;
  6. to acquire or alienate movable and immovable property or rights therein: provided that the consent of the Minister shall be required to alienate property of a class or value determined by the Minister by regulation;
  7. to acquire or alienate rights in incorporeal things or to deal therewith in any other manner;
  8. to borrow money with the consent of the Minister and the national Minister of Finance;
  9. to lend or invest money in accordance with guidelines made by the Minister;
  10. to make, draw, issue, execute, accept, endorse, discount, buy or sell financial instruments of any nature and to acquire or alienate them in any other manner: provided that where this amounts to borrowing money, the consent of the Minister and the national Minister of Finance will be required;
  11. to enter into indemnities, guarantees and suretyships and to secure payment in terms therof in any manner;
  12. to make donations;
  13. to grant service benefits of any nature, including pension and incentive schemes, to members of the Board of Control and employees;
  14. to conclude partnership contracts and to participate in joint ventures;
  15. with the approval of the Minister, to form companies or acquire interests therein and to finance them, and to transfer all or any portion of its business, assets and liabilities to such companies;
  16. to undertake research, and
  17. generally, to do any other thing or perform any other act, whether within or outside the Republic, that may assist the Corporation in achieving its objects.

(3) The consent of the Minister and of the national Minister of Finance required in terms of this section may be provided in general or in particular cases, and may be given subject to conditions.

58. Assets and shareholding

(1) The Corporation shall continue to own the assets transferred to it in terms of section 25 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989) or acquired by it thereafter, and the State shall remain the holder of the shares in the Corporation issued under that section.

(2) The authorized share capital of the Corporation will be the amount determined by the Minister from time to time after consultation with the Board of Control, and with the consent of the national Minister of Finance, and shall be divided into ordinary shares of one rand each: provided that the first determination of such amount shall not be less than the value of the shares referred to in subsection (1).

(3) Shares in the Corporation shall be held by the State and shall not be transferable.

(4) The State may to such extent and subject to such conditions as the Minister may determine in consultation with the national Minister of State Expenditure, take up shares in the Corporation.

(5) The rights attached to shares in the Corporation shall be exercised by the Minister.

(6) The liability of the State as the holder of shares in the Corporation shall be limited to any unpaid amount in respect of the shares so held.

59. Operational provisions

Items 1 to 9 and 12 of Schedule 1 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989) shall apply mutatis mutandis to the operation of the Corporation and the Corporation shall possess in respect thereof the same powers as Transnet in that regard.

60. Use of name of Corporation

(1) The Registrar of Companies shall maintain the name of the Corporation in his or her registers.

(2) No person may carry on business and no company or close corporation may be registered under or with a name that is the same as that of the Corporation, or so close thereto that it may cause confusion.

61. Liquidation

The Corporation shall not be liquidated or placed under judicial management except on the authority of an act of Parliament.

62. Funding of Corporation

The Corporation shall be funded from-

  1. share capital referred to in section 58;
  2. money paid to the Corporation by a transport authority in terms of a concessioning agreement;
  3. money appropriated by Parliament to enable the Corporation to achieve its objects;
  4. money received by the Corporation from the development, exploitation and management of its assets;
  5. money borrowed or acquired by the Corporation;
  6. money received from any other source.

63. Board of Control

(1) The affairs of the Corporation shall be managed and controlled by a Board of Control who may, subject to the provisions of this Act, carry out all powers and functions of the Corporation.

(2) The Board shall consist of ... members appointed by the Minister, one of which shall be appointed as chairperson.

(3) At least ... of the Board members shall have experience in the management of the affairs of a private sector business undertaking, and at least ... members shall represent the provinces.

(4) Subject to the approval of the Minister, the Board shall appoint a managing director for the Corporation, who shall be ex officio a member of the Board, as the full-time chief executive officer of the Corporation.

(5) Members of the Board of Control appointed in terms of section 24 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989) shall be deemed to be members of the Board for the remaining period of their appointment.

64. Disqualifications

No person shall be appointed to the Board of Control if he or she-

  1. is disqualified under sections 218 or 219 of the Companies Act, 1973 (Act No. 61 of 1973) from being a director of a company;
  2. is an unrehabilitated insolvent;
  3. has been convicted of an offence and sentenced to imprisonment without the option of a fine;
  4. is subject to a disqualification prescribed by regulation.

65. Period of office, reappointment, termination of office

(1) A member of the Board shall be appointed for the period determined by the Minister, but not exceeding three years.

(2) A Board member whose period of office has expired shall be eligible for reappointment.

(3) The Minister may remove from office a member of the Board-

  1. if that member, in the opinion of the Minister, has been guilty of misconduct or has neglected his or her duties or is unable to perform his or her duties;
  2. if that member has become disqualified;
  3. who has failed to comply with his or her conditions of appointment.

(4) A Board member shall vacate his or her office-

  1. (a) if he or she becomes disqualified under section 64;
  2. (b) if he or she is absent from three consecutive Board meetings without an acceptable excuse;
  3. (c) if he or she resigns.

(5) The acts of a director of the Corporation shall be valid notwithstanding a defect in his or her appointment that may be discovered later.

66. Duty to disclose interest

(1) Sections 234(1), (2), (3) and (5), 235 and 237(1), (2), (3) and (4) of the Companies Act, 1973 (Act No. 61 of 1973) shall apply mutatis mutandis to the Corporation, and for this purpose a reference to a company, director or officer of a company shall be interpreted as a reference to the Corporation, a director or employee of the Corporation respectively.

(2) A director or employee who fails to comply with a duty referred to in subsection (1) shall be guilty of an offence and punishable by imprisonment for a period not exceeding 12 months or a fine not exceeding the amount prescribed.

67. Meetings, quorums and decisions

The Board of Control shall determine procedure at meetings and quorums, subject to any regulations made by the Minister in this regard.

68. Delegation and ratification

(1) The Board of Control may, subject to such conditions as it may stipulate, delegate any of its powers to any member of the Board, employee or any other person with or without the power to delegate such power further.

(2) Any action taken by a member of the Board of Control, employee or other person on behalf of the Corporation may be ratified by the Board.

69. Limitation of liability of Board members

(1) A member of the Board of Control shall not be personally liable for any loss or damage in the course of his or her employment as such unless the loss or damage is due to his or her intentional misconduct, dishonesty, gross negligence or failure to observe the provisions of this Act.

(2) Subsection (1) shall not be so construed as to imply that a member will be indemnified against claims against him or her by the Corporation.

70. Directives and regulations

(1) The Minister may impose directives, in consultation with the Board of Control to guide the Corporation in the attainment of its objects.

(2) The Board shall see that any such directive is taken into account in managing the affairs of the Corporation.

(3) The Minister may make regulations by notice in the Gazette in respect of any matter contemplated, required or allowed in terms of this Part of this Act, or in respect of any other matter that he or she deems advisable to achieve the objects of this Part of this Act.

71. Strategic or economic interests of the Republic

Without in any way derogating from the provisions of this Act, should the Corporation act in a manner contrary to the strategic or economic interests of the Republic, the Minister may direct the Corporation by means of a written notice or by any other means that he or she may deem desirable, to discontinue such activity within a reasonable period, which shall be stipulated in the notice or other means of communication employed.

72. Application of laws

(1) The provisions of sections 13, 18 and 19 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989) shall apply mutatis mutandis to the Corporation, provided that-

  1. references therein to the Minister shall be interpreted as referring to the Minister of Transport;
  2. the reference in section 19 to the memorandum of association and the provisions of the Companies Act, 1973, shall be interpreted as referring to the capacity and powers of the Corporation in terms of this Act.

(2) Except as specifically stated otherwise in this Act, the provisions of the Companies Act, 1973 (Act No. 61 of 1973) shall not be applicable to the Corporation.

(3) The Minister may, in consultation with the Board of Control, by notice in the Gazette declare that any provision of the Companies Act, 1973 or the Close Corporations Act, 1984 (Act No. 69 of 1984) shall be applicable to the Corporation with such adjustments as he or she may make, and the Minister may amend or repeal such notice in consultation with the Board.

73. Accounting and financial statements

(1) The managing director shall be the accounting officer of the Corporation and responsible as such for all moneys received and payments made by it.

(2) The Corporation shall keep proper books of account and prepare financial statements in accordance with acceptable accounting practices and report thereon in accordance with the Reporting by Public Entities Act, 1992 (Act 93 of 1992).

(3) The activities of the Corporation shall be audited annually by the Auditor General.

(4) The Corporation shall prepare a budget which is submitted to the Minister annually for approval in accordance with guidelines laid down by the national Department of State Expenditure.

(5) The financial year of the Corporation shall co-incide with that of the Department.

74. Exemption from taxes etc.

(1) Notwithstanding the provisions of any other law (except a law relating to customs and excise, value added tax or services council levies), the Corporation shall be exempt from the payment of any tax, transfer duty, stamp duty, levies, imposts or any other costs of any nature, payable by the Corporation to the State in terms of any law.

(2) The exemptions in subsection (1) shall apply to a subsidiary of the Corporation for as long as the Corporation, either itself or jointly with the State, owns all of the issued shares in such subsidiary.

75. Rail infrastructure

The Minister, a MEC or a transport authority may enter into an agreement with the Corporation in terms of which the Corporation will manage rail assets or infrastructure owned by the State, province or transport authority, as the case may be, on behalf of the State or such provice or authority, or appoint the Corporation as its his, her or its agent in general for this purpose.

76. Concessions

(1) A transport authority shall specify the rail services to be provided in terms of an applicable transport plan, and the Corporation may enter into an operating or maintenance concessioning agreement with an operator of rail services for the provision of rail commuter services on infrastructure owned by the Corporation, subject to regulations made by the Minister or MEC.

(2) Where an agreement contemplated in subsection (1) has been concluded, the agreement shall serve as a concession authorizing the operator concerned to operate the rail services in accordance with regulations made by the Minister or MEC.

(3) Where subsidies are paid to a transport authority for rail commuter services by the national Government or the relevant provincial government, the relevant rail commuter services shall be provided by or through the mediation of the Corporation, unless the Minister or MEC directs otherwise in any particular case.

(4) Transport authorities shall have no direct contractual links with concessionaires as concession agreements will be concluded through the agency of the Corporation.

(5) This section will cease to be of effect from a date determined by the Minister by notice in the Gazette.

77. The purpose of concessioning rail commuter services

The purpose of concession rail commuter services shall be to achieve-

  1. cost reduction and reduction of subsidies;
  2. operational efficiency;
  3. optimal resource allocation;
  4. social equity;
  5. environmental protection;
  6. market development.

78. The structure of concessions

(1) Concession agreements shall be structured in the manner determined by the Minister or MEC by regulation.

(2) Concession agreements shall strive to-

  1. encourage competition for contracts;
  2. avoid monopolistic situations;
  3. encourage integration and co-ordination within and between modes;
  4. encourage supportive land use development;
  5. minimise the amount of subsidy required;
  6. meet the objectives of and comply with the policies set out in the transport plan.

(3) Concession agreements shall be concluded in accordance with relevant transport plans.

79. Guidelines on the concessioning process

(1) The Minister may make guidelines on the concessioning process.

(2) The Corporation, transport authorities and rail operators shall give due regard to guidelines published under subsection (1).

80. Variation, suspension or cancellation of concessions

Concession agreements shall not be varied, suspended or cancelled except in accordance with regulations made by the Minister or MEC.

81. Regulations in respect of concessioning

(1) The Minister or MEC may make regulations regarding concessioning, apart from those specifically mentioned, to further the objects of this Part of this Act.

(2) The Minister may make regulations providing for operating authorities for rail commuter services: provided that a concession shall serve as such an operating authority pending the making of such regulations.

82. Transitional provisions

(1) All acts lawfully performed in terms of the provisions of the Legal Succession to the South African Transport Services Act, 1989 (Act 9 of 1989) that are repealed by this Act, shall be deemed to have been performed under the corresponding provision of this Act.

(2) This Part of this Act may be amended or repealed by the Minister by proclamation in the Gazette.

83. Repeal of Chapter V of Act 9 of 1989

Chapter V of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989) is hereby repealed.

PART 13

RAIL SAFETY AND SECURITY

84. Powers of the Minister regarding rail safety and security

(1) The Minister shall appoint a suitably qualified person as Controller of Rail and Associated Infrastructure.

(2) In any concessioning or other contracts relating to rail services, the Controller referred to in subsection (1) shall establish a safety and security management system which ensures the safety and security of all users and employees participating in the activities of the applicable system, and no such contract shall be finalised before the Controller has provided a certificate to the effect that he or she is satisfied with the safety and security aspects of the system.

(3) All safety and security management systems shall in respect of safety comply with the provisions of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) and regulations made thereunder, and in respect of security, with regulations made by the Minister for the purpose.

(4) The Controller referred to in subsection (1) shall, with the approval of the Minister, appoint an independent person as Safety and Security Auditor of the specified system who shall-

  1. verify the implementation and compliance of safety and security measures, proposed or undertaken in terms of the Occupational Health and Safety Act, 1993 and regulations made thereunder;
  2. assess the effectiveness of such implementation;
  3. evaluate and confirm that the safety and security measures meet the objectives and specifications of the safety and security management system;
  4. comply with regulations made by the Minister in terms of this section; and
  5. report irregularities to the Controller and the Minister.

PART 14

PASSENGER CARRIER REGULATIONS

(NOT COVERED BY OTHER LEGISLATION)

[Note: This Part may more appropriately be contained in regulations.]

85. Passenger regulations

The MEC may make regulations concerning the safety and comfort of passengers on public transport vehicles and related matters including, but not limited to-

  1. the rights and obligations of passengers, for example providing that-
    1. persons may not smoke in a public transport vehicle;
    2. a passenger on a public transport vehicle who has not paid the required fare must pay it on demand to the driver;
    3. if a passenger on a public transport vehicle causes a nuisance to the driver or other passengers on the vehicle or a danger to him- or herself or others the driver or authorised person may direct the person to leave the vehicle;
    4. a driver must carry evidence of his or her driver authorisation and display it to passengers;
    5. a driver must be neatly dressed; and
    6. a driver must be courteous and helpful to passengers.
  2. operational safety, for example providing that-
    1. standing passengers may be carried only if the vehicle is designed and constructed for the purpose and authorised to do so;
    2. standing passengers must not be carried on a long-distance journey;
    3. vehicles must not carry more than one seated passenger per seat;
  3. complaints, for example that passenger complaints must be dealt with promptly and systematically by the operator or the transport authority or the Provincial Permit Board.

PART 15

MEASURES TO SUPPORT SMALL, MEDIUM AND MICRO ENTERPRISES

86. Definition

In this Part of this Act, unless the context indicates otherwise-

"small, medium or micro enterprise" (SMME, plural SMMEs) means a small business as defined in the National Small Business Act, 1996 (Act No. 102 of 1996), except that such term shall not include any concern controlled by the same socially and economically marginalised individual or concern which has average annual gross receipts over the preceding three years in excess of an amount specified by regulation and adjusted for inflation as specified by regulation.

87. Set asides in the allocation of subsidised service contracts

Transport authorities shall expend not less than ten percent of the amounts authorized to be appropriated for the implementation of a public transport plan in respect of subsidised service contracts as remuneration to SMMEs.

88. Annual listing of SMMEs

Each provincial department responsible for public transport shall annually survey and compile a list of appropriate SMMEs and their addresses for submission to the MEC.

89. Regulations and audit

(1) Each MEC shall by regulation establish minimum uniform criteria for transport authorities to use in certifying whether a concern qualifies for purposes of this Chapter, which shall include, but not be limited to, on site visits, personal interviews, licences, ownership of assets and equipment, analysis of credit ratings, listing of work completed, resumé of principal owners, financial capacity and type of work preferred.

(2) The Auditor-General shall conduct annually a study of the marginalised business programmes of transport authorities, which shall include-

  1. the percentage of SMMEs which have qualified after a period of three years;
  2. the percentage of SMMEs which have not qualified after three years.

PART 16

TRANSPORT STUDIES, INVESTIGATIONS, RESEARCH, TECHNOLOGY TRANSFER AND EDUCATION AND TRAINING

90. Research funding, administration and implementation

(1) The Minister may undertake or make grants to private persons or government institutions at any level of government for research and development projects related to land transport.

(2) The Minister may make grants to non-profit institutions of higher-learning-

  1. to conduct research and investigations into the theoretical or practical problems of land transport;
  2. to conduct research and investigations, including-
    1. the planning, design and use of land transport systems and urban roads;
    2. the inter-relationship between various modes of urban land transport, inter-urban land transport, and rural land transport;
    3. the role of land transport planning in overall urban and rural planning;
    4. public preferences, socio-economic and transport information relating to land-based tripmaking;
    5. the economic and financial allocation of land transport resources;
    6. the legal, financial, engineering and environmental aspects of land transport;
    7. any other matter to enhance the objects of this Act.

91. Demonstration projects and other special investigations

(1) The Minister may undertake projects and other special investigations and make grants to other government agencies and private persons or government institutions at any level of government for projects that will use innovative techniques and methods in managing and providing land transport.

(2) In carrying out the provisions of this section, the Minister is empowered to request and receive such information or data as he or she deems appropriate from public or private sources.

92. Education and training programmes aligned with the national qualifications framework

(1) The Department shall liaise with the national Department of Labour to ensure that all transport education and training is directed towards complying with the National Qualifications Framework (NQF).

(2) In particular, as far as education and training is concerned, uniformity of selection of service providers and uniform course standards shall be striven for across the provinces.

(3) In the longer-term a national Taxi Training Board shall be investigated, and if considered desirable, shall be instituted.

(4) A forum of Transport Training Boards shall be instituted to further direct transport education and training towards complying with the NQF, in consultation with existing training bodies such as the Local Government Training Board.

93. Facilitation of technology transfer

The Department shall facilitate the effective transfer of technology in land transport.

94. Human resource development

(1) The Department shall in consultation with provincial auhorities, municipalities and the industry, develop a comprehensive strategy to determine and address the full scope of education and training needs in land transport, which should cover at least-

  1. professional and administrative training of officials at all levels of government;
  2. professional and technical training to enlarge the pool of expertise in the field;
  3. education and training programmes to promote career paths in land transport; and
  4. empowering of small, medium and micro enterprises such as small bus and minibus-taxi operators by means of appropriate training courses.

(2) Attention shall be paid to the development of a broad-based curriculum for land transport, including courses in management, strategic and operational planning as well as establishing effective training methodologies for application in job training in the industry.

(3) The work of education and training institutions in this field such as universities, technikons, training boards, etc. shall be co-ordinated by the Department through the establishment by the Department of a National Land Transport Training Institute in order to ensure that a comprehensive framework of education and training is available; this Institute shall develop and conduct training programmes where needs are inadequately met through other resources and act as a clearing house for information on available training and shall also ensure that effective liaison takes place between itself and the forum of Transport Training Boards.

(4) The Department shall continue to support education and training in the field through the funding of centres of development, training courses and the provision of bursaries.

95. Delegation of powers and duties to research and educational and training institutions

(1) In terms of the establishment of centres of development, the Minister may devolve powers and duties for the managing of research, education and training to the lead centre in each designated area of a centre of development.

(2) In these instances, the research, educational and training institutions allocated to a particular lead centre shall be responsible to such lead centre in all matters devolved by the Minister.

96. Funding of research, investigations and education and training

The Minister shall, in conjunction with the national Ministers of Labour and Education and Training decide upon annual allocations of funds to be paid into the National Land Transport Fund for the funding of land transport education and training.

PART 17

GUIDELINES, NORMS, STANDARDS AND INFORMATION REQUIREMENTS FOR LAND TRANSPORT

97. Guidelines for requirements and duties in respect of land transport

The Minister may make guidelines regarding-

  1. the preparation, revision, updating and implementation of integrated transport plans;
  2. the exercise or performance of functions or duties of a transport authority in terms of this Act;
  3. the provision and regulation of the use of land transport facilities;
  4. the co-ordination of transport;
  5. national norms and standard in land transport;
  6. national requirements for transport information, statistics and key performance indicators;
  7. any other matter which in the opinion of the Minister is necessary or expedient for the effective carrying out of the provisions and objects of this Act.

PART 18

ENVIRONMENTAL REGULATIONS IN RESPECT OF LAND TRANSPORT

98. Environmental issues

(1) In carrying out his or her functions under this Act the Minister shall ensure that land transport is developed in such a way that the environmental impacts of transport development are minimised. A primary objective is reduction in the environmental impacts associated with travel through reduced energy consumption, vehicle exhaust emissions, vehicle noise emissions, road traffic accidents, residential amenity and driver stress.

(2) In the formulation of an integrated transport plan, transport authorities shall ensure that environmental goals, objectives and strategies are developed in accordance with the following requirements:

  1. the formulation of integrated environmental programmes whereby transport authorities-
    1. instigate a holistic, multi-disciplinary and balanced management process, embracing the whole life cycle of transport projects, taking account of social and economic considerations and ensuring that all aspects and stages, from conceptualisation of a project through the subsequent planning and assessment of possible effects to the taking and complementing of decisions and the monitoring of results;
    2. promote the use of environmentally sound modes of land transport such as public transport, high occupancy vehicle transport such as carpools, pedal cycling and walking;
    3. minimise transport generated noise, air pollution, water pollution and vibration as well as visual, severance and other social impacts;
    4. safeguard public health which includes the promotion of road traffic safety;
    5. establish public participation procedures which identify and consider the interests, needs and values of affected parties and ensure that these are properly evaluated in the decision making process;
    6. promote programmes aimed at reducing the need to travel through land use, travel demand management and telecommunication policies.
    7. promote programmes that increase the utilisation by motor vehicles of unleaded petroleum, diesel fuel and electricity;
    8. promote area licensing and stringent parking controls in areas where the air is heavily polluted by motor vehicle emissions;
    9. withhold funds in areas where any road project will result in a significant increase in carrying capacity for single occupant vehicles unless the project is part of an approved congestion management programme;
    10. promote the establishment of fringe and corridor park-and-ride facilities;
  2. all land transport planning, implementation and operational programmes forming part of a transport plan are subject to the Environmental Conservation Act, 1989 (Act No. 73 of 1989) as well as other relevant laws at national, provincial and local level which have provisions affecting environmental issues in the Republic.

PART 19

GENERAL PROVISIONS

99. State bound

Save as expressly or by implication provided by this Act, the provisions of this Act and the regulations, rules and requirements made thereunder shall bind the State, including provinces, except in so far as criminal liability is concerned.

100. Short title and commencement

(1) This Act shall be called the National Land Transport Act, 1997, and shall come into effect on a date determined by the Minister by notice in the Gazette.

(2) Different parts or sections of this Act may be brought into effect on different dates, or in respect of different areas.

Index | Annexure B