ANNEXURE B

[Note: This document has been drafted as a model for use by or the assistance of provinces. It will be the prerogative of the provinces to draft their own land transport legislation, but should they do so, it is important that such legislation should cover at least the full functional field covered in the model legislation, so as to avoid gaps that are not addressed in either national or provincial legislation. The model will have to be adapted to cater for the particular characteristics and policy of the province concerned, and to cater for decisions taken as a result of consultation with stakeholders in the province. The model should not be seen in any way as an attempt to dictate to the provinces. The provinces will play the most important role in ensuring that the objects of land passenger transport policy are attained.

WORKING DOCUMENT FOR MODEL PROVINCIAL LAND TRANSPORT BILL

To provide for an intermodal provincial land transport system through the development of integrated land use, transport operations and infrastructure plans and programmes, developed, administered, regulated and funded by the Province and by 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 Provincial Land Transport Fund and transport authority funds and to provide for matters connected therewith. To provide a consistent provincial framework for the integration, regulation and funding of public passenger transport operations.

CONTENTS

  1. DEFINITIONS

      2. 1. Definitions

  2. PROVINCIAL LAND TRANSPORT POLICY
  3. GENERAL POWERS AND DUTIES OF THE MEC
  4. PROVINCIAL TRANSPORT COMMISSION

  5. ESTABLISHMENT OF PROVINCIAL PERMIT BOARD
  6. APPLICATIONS FOR PERMISSIONS AND AD HOC AUTHORIZATIONS
  7. ESTABLISHMENT OF PROVINCIAL TAXI REGISTRAR
  8. ESTABLISHMENT OF TRANSPORT AUTHORITIES
  9. ESTABLISHMENT AND ADMINISTRATION OF PROVINCIAL LAND TRANSPORT FUND AND LAND TRANSPORT FUNDS FOR TRANSPORT AUTHORITIES
  10. INTEGRATED LAND USE AND TRANSPORT PLANNING PROCEDURES
  11. PROVISION OF ROAD PUBLIC TRANSPORT SERVICES
  12. ADMINISTRATION OF RAIL COMMUTER ASSETS AND THE PROVISION AND CONCESSIONING OF RAIL COMMUTER SERVICES
  13. RAIL SAFETY AND SECURITY
  14. PASSENGER CARRIER REGULATIONS
  15. MEASURES TO SUPPORT SMALL, MEDIUM AND MICRO ENTERPRISES
  16. TRANSPORT STUDIES, INVESTIGATIONS, RESEARCH, TECHNOLOGY TRANSFER AND EDUCATION AND TRAINING
  17. GUIDELINES, NORMS, STANDARDS, INFORMATION REQUIREMENTS AND REGULATIONS FOR PROVINCIAL 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 26;

(ii) "Board" means the Provincial Permit Board established in terms of section 8 to consider applications for and issue permissions;

(iii) "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;

(iv) "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;

(v) "Commission" means the National Transport Commission referred to in section 9 of the National Act;

(vi) "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;

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

(viii) "Corporation" means the South African Rail Commuter Corporation Limited referred to in section 55 of the National Act;

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

(x) "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;

(xi) "cross border road transport" means the carriage of freight or passengers to or from the Republic and another country or in transit across the Republic or another country;

(xii) "Department" means the department in the Provincial Administration responsible for transport affairs;

(xiii) "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;

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

(xv) "Fund" means the Provincial Land Transport Fund established in terms of section 54;

(xvi) "Gazette" means the Provincial Gazette;

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

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

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

(xx) "inspector" means an inspector designated as such in terms of section 14;

(xxi) "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 67 of 1995) and section 2 of the National Act, and which encompasses a system which includes land use, spatial development, infrastructure, services and the financing thereof;

(xxii) "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;

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

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

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

(xxvi) "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;

(xxvii) "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;

(xxviii) "MEC" means the member of the Executive Council of the Province responsible for transport affairs;

(xxix) "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;

(xxx) "minibus taxi service" means an unscheduled public transport service authorized by a permission and provided in terms of a public transport plan with a motor vehicle prescribed by regulation;

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

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

(xxxiii) "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;

(xxxiv) "National Act" means the National Land Transport Act, 1997 (Act ... of 1997);

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

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

(xxxvii) "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;

(xxxviii) "permission" means the authority to operate public transport by road issued by the Board;

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

(xxxx) "prescribed" or "prescribed by regulation" means prescribed by the MEC by regulation in the Gazette;

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

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

(xxxxiii) "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;

(xxxxiv) "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;

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

(xxxxvi) "registered operator" means an operator registered by the Registrar;

(xxxxvii) "Registrar" means the Provincial Taxi Registrar appointed under section 36;

(xxxxviii) "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 in the Constitution: provided that national government may not impose such requirements on local government in respect of provincial functions;

(xxxxix) "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;

(L) "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;

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

(Lii) "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;

(Liii) "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;

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

(Lv) "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;

(Lvi) "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;

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

(Lviii) "transport authority" means an authority designated by the MEC by notice in the Gazette for a designated transport area;

(Lix) "transport authority fund" means a fund established for a transport authority in terms of section 56;

(Lx) "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;

(Lxi) "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.]

(Lxii) "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 and the pricing of parking;

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

(Lxiv) "vehicle" means a motor vehicle.

PART 2

PROVINCIAL LAND TRANSPORT POLICY

2. Provincial land transport policy

(1) Provincial land transport policy shall be consistent with any current national policy statement.

(2) The MEC may, on behalf of the Province, by notice in the Gazette, determine provincial land transport policy including inter alia-

  1. the Province's goals in relation to land transport; and
  2. the policy objectives to be pursued to achieve the Province's goals in relation to land transport; and
  3. the measurable targets (key performance indicators) to be met to achieve those goals and policy objectives.

(3) The MEC shall publish in the Gazette for comment details of any policy he or she intends to determine in terms of subsection (2) in accordance with a procedure prescribed by regulation.

(4) The MEC shall convene a public hearing to canvass viewpoints and hear objections to the provincial transport policy framework or amendments thereof.

(5) Any policy determined in terms of subsection (2) may be referred to by a court of law when interpreting the provisions of this Act.

[Note: This section should be supplemented by policy developed as part of the provincial policy development process.]

PART 3

GENERAL POWERS AND DUTIES OF THE MEC

[Note: Where this document states that the MEC or province "shall" do something, this wording is used to comply with drafting rules and is not intended to prescribe to the provinces.]

3. General powers and duties of the MEC

(1) In order to achieve the objects of this Act, the MEC may, either alone or in collaboration with 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 Province or elsewhere, in connection with any matter which has or is likely to have effect on the transport system of any area in the Province, including the transport characteristics of that area and, insofar 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,
  5. provided that any action taken in another province shall not be undertaken without the consent of the MEC of that province.

(2) The MEC shall-

  1. prepare a comprehensive land transport research programme aimed at achieving the goals and objectives of provincial 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.

(3) The MEC 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 MEC 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 passenger 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 MEC 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 MEC shall ensure that funding provided by the Province for public transport is applied in an efficient, cost effective, equitable and transparent way.

4. Specific powers of MEC in terms of this Act

In order to perform his or her functions under this Act, the MEC 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 or television;
  4. assist transport authorities which do not have the necessary staff or capacity therefor, in the execution of any of the functions assigned to them;
  5. assist in providing training facilities for public transport operators in cases where such facilities are not provided by another authority;
  6. give guidance to associations or bodies of persons working towards the promotion of public transport;
  7. organise 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.

5. Land transport regulations

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

  1. the form and manner of applications for permissions;
  2. the persons or bodies to be notified of applications for permissions;
  3. the information to be submitted with any application for the grant, renewal or amendment of any permission;
  4. the procedure to be followed by the Board in dealing with any such application;
  5. the information to be submitted with any appeal to the Commission;
  6. the information to be supplied by the Board to the Commission or the appellant in connection with any such appeal, and the manner in which and time within which such information shall be supplied;
  7. the procedure to be followed by the Commission in dealing with any such appeal;
  8. requiring the payment of fees in connection with-
    1. any application for the grant, renewal or amendment of a permission, or
    2. any appeal to the Commission;
    3. the issue by the Board of any permit, distinguishing mark or other document or any duplicate thereof,

    and prescribing the amount of such fee, the circumstances in which any amount paid by way of such fee shall be forfeited or refunded in whole or in part, the amount of any such partial refund and the circumstances in which any amount so paid may be forfeited or refunded in whole or in part;

  9. the effect of non-compliance with any time limit prescribed under this Act;
  10. the powers, duties and functions of transport authorities;
  11. the inspections and investigations in relation to applications for permissions and in relation to tenders;
  12. the fees and travelling allowances, if any, to be charged or paid in respect of any act required or authorized to be done under this Act;
  13. the procedure for drafting and the content of a standard constitution and code of conduct for taxi associations;
  14. any other matter which in terms of this Act is required or permitted to be prescribed or which he or she considers necessary to be prescribed in order to achieve the objects of this Act;
  15. the procedure for and manner in which appeals to the Commission shall be conducted;
  16. the provincial registration of taxi associations and operators;
  17. the co-ordination of and collaboration between law enforcement agencies at local and provincial level
  18. any other matter that will promote the objects of this Act.

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

6. Delegation

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

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

7. Intermodal co-ordination

In carrying out his or her functions under this Act, the MEC 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 interaction 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 give to user choice, whereby the user benefits from competition among different modes, independently or in combination.

PART 4

PROVINCIAL TRANSPORT COMMISSION

[Note: Those provinces that wish to do so may establish a provincial transport commission or similar body to hear appeals regarding permissions relating to intra-provincial transport, and/or to fulfil other functions. It is suggested that they consider the provisions in the national Bill in this regard as a guideline.]

PART 5

ESTABLISHMENT OF PROVINCIAL PERMIT BOARD

[Note: 1. This Part and Part 6 reflect only possibilities or scenarios for the establishment of provincial permit boards and applications for permissions. Each province may adapt it to comply with provincial policy. It is felt, however, that certain sections of this Part and Part 6 should be considered seriously for inclusion, such as sections 9, 12, 16, 18, 19, 20, 23, 25, 26 and 27.

2. 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.]

8. Establishment of Provincial Permit Board

(1) There shall be established a Provincial Permit Board for the Province.

(2) The Board shall consist of a chairperson and four other members who shall be appointed by the MEC and who shall be persons who possess wide experience of, and have shown ability in, public transport, industrial, commercial or financial matters or in the conduct of public affairs.

(3) Should the chairperson of the Board, or any person appointed to act in place of such chairperson, be unable to attend any meeting of the Board, such chairperson or person may designate any other member of the Board to act as chairperson at that meeting.

(4) A member of the Board who is in the full-time employment of the State, shall hold office during the MEC's pleasure, and any other member of the Board shall be appointed for such period not exceeding two years, and shall, subject to the provisions of this Act, hold office upon such conditions as to remuneration and otherwise, as the MEC may, with the concurrence of the MEC for Finance, determine when such member is appointed.

(5) Whenever a member of the board vacates his or her office or is removed therefrom or is temporarily unable to perform his or her functions as such, the MEC may appoint any person whom he or she considers suitable, to act in place of such member for such period, not exceeding 12 months, as the MEC may deem necessary, and any such appointment shall, in the case of a person who is not in the full-time employment of the State, be subject to such conditions as to remuneration and otherwise, as the MEC may determine with the concurrence of the MEC for Finance.

(6) A person whose period of office as a member of the Board has expired, shall be eligible for re-appointment.

9. Disqualification for office as, and termination of office of, member of Board

(1) No person shall be appointed as a member of the board-

  1. if he or she is an unrehabilitated insolvent; or
  2. if he or she has been convicted of an offence and sentenced to imprisonment without the option of a fine; or
  3. if he or she or any of his or her near relations is financially interested in any business of public transport or is engaged in any activity connected with such transport which, in the opinion of the MEC, is calculated to interfere with the impartial discharge by the member of the duties of his or her office.

(2) The chairperson of the Board shall have a casting vote.

(3) A member of the Board shall vacate his or her office-

  1. if he or she becomes subject to any of the disqualifications for appointment mentioned in subsection (1);
  2. if he or she is removed from office under subsection (4) or resigns by notice in writing addressed to the MEC.

(4) The MEC may remove from office any member of the Board-

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

(5) Members of the Board shall disclose the fact that they or their near relations are financially interested in any business of public 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.

10. Meetings and decisions of the Board

(1) Three members of the Board shall form a quorum for any meeting of the board.

(2) The decision of any three members of the Board present at any meeting thereof, shall constitute a decision of the board.

(3) No act, direction or decision of the Board shall be held to be invalid by reason only of the fact that, when such act was performed or such direction or decision was given, a casual vacancy existed on the the Board or a person disqualified under section 9 from being a member of the Board was such a member thereof, whether or not such person's concurrence was necessary to the performance of that act or the giving of that direction or decision.

11. General powers of the Board

(1) The Board shall-

  1. consider and give a decision on, or otherwise deal with, in accordance with the provisions of this Act, and in terms of a provincial transport policy framework and applicable public transport plan, any application made to it thereunder-
    1. for the granting of a permission within the Province;
    2. for the granting of a permission which commences in the Province and terminates in another province in consultation with the relevant provincial permit board(s).
    3. subject to the provisions of subsection (2), for the renewal or amendment of any permission granted by it;
  2. issue, in accordance with the provisions of this Act, any permission renewed or amended by it.

(2) The Board shall not grant an application for a permission which commences also in another province or for the renewal of such a permission, or for any amendment of such a permission within such other province, except with the concurrence of the provincial permit board established for such other province.

(3) The Board shall not consider any application relating to cross border road transport, which shall be referred to the Regulatory Committee established by the Cross Border Road Transport Act, 1997 (Act ... of 1997).

(4) For the purposes of this section, the service authorized by a permission shall be deemed to commence at any place where persons board any motor vehicle by means of which service is provided to any other place, and terminates at such other place.

12. Procedure

(1) The Board 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 authorized 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 Board, 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 Board at which any person appears as a witness may administer an oath or affirmation to the person so appearing.

(3) The Board shall provide any interested party on request with written reasons for any decision taken by it.

13. Staff of the Board

The Head of the Department shall, subject to the laws governing the public service, provide the staff necessary to assist the Board in the performance of its functions.

14. Designation of inspectors

The Head of the Department may designate any officer or employee of that department as a road transport inspector, whose powers and duties shall be prescribed by regulation.

PART 6

APPLICATIONS FOR PERMISSIONS AND AD HOC AUTHORIZATIONS

15. Application in respect of a permission

(1) Any person who wishes to provide public transport or a courtesy or staff service other than such transport which may be authorized by the issue of an ad hoc authorization, shall apply in the manner prescribed by regulation to the Board for a permission authorising him, her or it to do so.

(2) Any holder of a permission may apply to the Board for the renewal, amendment or transfer of such permission in the manner prescribed by regulation.

16. Exemptions

[Note: It may be more appropriate to have the exemptions in regulations, which would make it easier to amend them. It is felt that there will have to be some level of consistency between the provinces regarding exemptions.]

For the purposes of this Act, the conveyance of persons contemplated in the definition of "public transport" shall be deemed not to include the following:

  1. the conveyance by an individual farmer who is resident in the Republic (including a partnership or company carrying on farming operations) by means of a suitable motor vehicle of which he, she or it is the sole owner, of such farmer's farm labourers-
    1. from any place where they have been recruited to any place where they have agreed to be conveyed and where they are required for farming operations;
    2. from any place where they are or have been employed in his/her/its farming operations to any other place where they may be required in the farming operations or where another farmer may require them in his or her farming operations, or to the place where they have been recruited;
    3. between any place where they have been or are to be so employed and the place most convenient for their conveyance to any other place to which they are to be conveyed by public transport or to the place where they are to be so employed; or
    4. between the place where they are so employed and any other place within the Republic to do any shopping or to attend any church service or funeral or for purposes of any sports or recreational meeting; or
    5. between any place where they have been recruited and the place most convenient for their conveyance to any other place to which they are to be conveyed by public transport,

    and for the purposes of this paragraph labourers employed by a co-operative society, registered as such under the law relating to co-operative societies, of which such farmer is a member, or prisoners as defined in section 1 of the Prisons Act, 1959 (Act 8 of 1959), who are or have been or are to be employed by a farmer in his/her/its farming operations, shall be deemed to be such farmer's farm labourers;

  2. the conveyance by a municipality by means of a motor vehicle of which it is the owner, of its own employees;
  3. the conveyance, by means of an ambulance as defined in the Road Traffic Act, 1989 (Act 29 of 1989), of a patient, and any person attending that patient, to any place where he or she is to receive medical treatment from a person authorized to administer such treatment in terms of any law relating to the medical profession, or from any place where he or she has received such treatment;
  4. the conveyance of persons who were being conveyed by a motor vehicle that has become defective, to their destination, if the conveyance of such persons by means of such motor vehicle at the time when it became defective constituted public transport, such conveyance was authorized by a permission, and their conveyance is undertaken in accordance with the provisions of such permission and such original permission is carried on such vehicle for production on demand to any authorized officer;
  5. the conveyance of persons as contemplated in the definition of "lift club" in section 1 of the Road Accident Fund Act, 1996 (Act 56 of 1996);
  6. the conveyance by any person who carries on any industry, trade or business, of his or her employees from any place where they perform any work in the course of that industry, trade or business, to any other place where they are so to perform any work, by means of a motor vehicle of which he or she is the owner;
  7. the conveyance, in connection with the performance of his or her duties, by an employee of the State or Province or a State aided body or a company of which the State or Province is the sole member and shareholder or a municipality, by means of a motor vehicle of which such employee is the owner and which is used by him or her in the performance of those duties, of any person in respect of whose conveyance that employee is entitled to receive any reward from the State or Province or such State aided body or company or municipality;
  8. the conveyance of school children and teachers for the purpose of sport or recreation or on holiday, sightseeing or educational tours by means of a motor vehicle of which the relevant school is the sole owner or which, in terms of an agreement, is set apart for the use of that school;
  9. the conveyance by a university, technikon, technical college or teachers' training college (hereinafter referred to as an educational institution) of its own students and staff for educational, cultural or sports purposes by means of a motor vehicle of which that educational institution is the owner or by means of a motor vehicle which in terms of an agreement is set apart for the use of that educational institution: Provided that in the case of such conveyance by means of a vehicle employed in terms of an agreement, a document shall be carried in that vehicle in which an official of the educational institution concerned who has been authorized thereto, confirms that the passengers on such vehicle are enrolled students of, or staff attached to, that educational institution;
  10. the conveyance of any corpse;
  11. the conveyance for reward by a person who has been summoned to appear at any place as a witness in a criminal case, of any other person who has been summoned to appear as a witness in that case or in any other criminal case, whether at the same place and on the same day or at any other place or on any other day, to or from the place at which the person conveyed has been summoned to appear, by means of a motor vehicle of which the first-mentioned person is the owner;
  12. the conveyance for reward, by any person who has been summoned to appear at any place on any day to give evidence before any commission with reference to which the provisions of the Commissions Act, 1947 (Act 8 of 1947), have been declared to be applicable, or before any body established under any law in terms of which that body is empowered to summon persons to appear before it to give evidence, to or from the place at which such person has been summoned to appear, of any other person who has been summoned to appear before such commission or body to give evidence on the same day and at the same place, by means of a motor vehicle of which the first-mentioned person is the owner;
  13. the conveyance for reward, by a person who is required to proceed to an appointed place for the purpose of undergoing any training or performing any service or duty in terms of the Defence Act, 1957 (Act 44 of 1957), or any regulation made thereunder, or who is returning from such a place after undergoing such training or performing such service or duty, of another person proceeding to that place for such a purpose or returning from that place after having proceeded to that place for such a purpose, by means of a motor vehicle of which the first-mentioned person is the owner;
  14. the conveyance of any person who must necessarily be conveyed in connection with any conveyance of persons or of goods, which in terms of any preceding paragraph does not constitute public transport.

17. Publication of application in respect of a permission

The Board shall, before considering any application for a permission, or for the renewal or amendment of a permission, publish in the Gazette, and post a notice of such application on a notice board at its offices, of such particulars of the application as may be prescribed by regulation.

[Note: Individual provinces can provide for wider means of advertising if they so wish.]

18. Disposing of an application for a permission

(1) In deciding whether to grant, renew, amend or transfer a permission to operate public transport, or to refuse an application for such a permission, and in determining any conditions or requirements to be attached to such permission the Board shall consider-

  1. the permissions required by the transport authority in terms of an approved public transport plan in the transport area for which such plan has been approved;
  2. any specification for service frequency or regularity required by a transport authority in terms of a public transport plan; and
  3. the permissions required by any public transport operator who has been awarded a commercial service contract or a subsidised service contract by the transport authority or the provincial tender board;
  4. the recommendations of all relevant municipalities with regard to the availability of space for boarding, alighting, terminal, ranking or vehicle holding facilities;
  5. in the case of a minibus taxi service, the recommendations of the relevant taxi associations, taxi forums and local taxi liaison committees;
  6. the travel demand management systems applied by the transport authority;
  7. any other relevant matter in an approved transport plan;
  8. except in the case of a commercial service contract or a subsidized service contract, the ability of the applicant to provide in a manner satisfactory to the public the service for which the permission is sought;
  9. the existence of any by-law, regulation, prohibition, limitation or restriction by a relevant municipality that has relevance to the proposed transport;
  10. all representations duly submitted in relation to the application;
  11. any relevant previous offence committed by the applicant;
  12. any other factors which, in the opinion of the Board, may affect the desirability of granting or refusing such application.

(2) In deciding whether to grant or refuse an application for a permission to operate a courtesy or staff service and in determining any conditions or requirements to be attached to such permission the Board shall consider-

  1. whether such service may affect public transport provided in terms of an approved public transport plan;
  2. the ability of the applicant to provide in a manner satisfactory to passengers the passenger transport service for which the permission is sought;
  3. the recommendations of the relevant transport authorities and municipalities;
  4. any relevant previous offence committed by the applicant in terms of this Act; and
  5. any other factors which, in the opinion of the Board, may affect the desirability of granting such application.

(3) Permissions in respect of minibus taxi services shall be granted for a specified route or network of routes: provided that such a permission may be granted for a defined area, but not a radius, where the transport authority is satisfied that this is justified in terms of its public transport plan.

19. Period and transfer of a permission

(1) Permissions for commercial service contracts or subsidised service contracts shall be granted for the period of the contract subject to the conditions of the contract.

(2) Permissions for public transport issued under this Act and specified in a public transport plan shall be granted for a fixed period on the recommendation of the transport authority in the manner determined by regulation.

(3) Permissions for public transport not specified in a transport plan may be granted for such fixed period as the Board may, in its discretion determine, in the manner prescribed by regulation.

(4) Permissions for courtesy or staff services shall be granted for a fixed period as determined by the Board.

(5) If, at the date of expiry of a fixed period permission, an application for its renewal is pending before the Board, such permission shall continue in force until the application has been disposed of.

(6) Operators who provide public transport services in terms of a public transport plan may not transfer their permissions without the written consent of the relevant transport authority in the manner prescribed.

(7) Permissions which are area based or radius based shall be converted to route based permissions on transfer.

20. Issue of a permission and provisions thereof

(1) Subject to the provisions of subsection (2), the Board shall issue, in the manner prescribed by regulation, any permission granted, renewed, amended or transferred by it in terms of this Act.

(2) The Board shall not issue any permission granted, renewed, amended or transferred by it in terms of this Act, unless-

  1. it is satisfied that every vehicle in respect of which such permission was so granted, renewed or amended, is suitable for the service which it is to operate;
  2. a valid certificate of fitness or roadworthy certification issued under the Road Traffic Act, 1989 (Act 29 of 1989) on or after a date specified by regulation, or a copy of such certificate authenticated in the manner prescribed by regulation, has been submitted to it;
  3. the applicant is a registered operator, and
  4. the applicant is a qualified service provider in terms of section 51 of the National Act in the case of a commercial service contract or subsidised service contract.

(3) Any permission issued by the Board shall specify-

  1. the operator's registration particulars;
  2. the type of service for which it is granted;
  3. the points between and a detailed description of the route or routes or the defined area for which it is granted;
  4. the authorized picking up and setting down points;
  5. the fare structure where applicable.
  6. the registration number, make, chassis number, year of manufacture, type, seating or passenger capacity of the vehicle for which the permission has been granted;
  7. the certificate of fitness number and date of expiry;
  8. the period for which it is granted; and
  9. any other condition or requirement which the Board in its discretion may impose.

(4) The Board may issue a temporary permission for not more than 60 days where-

  1. the applicant is awaiting documentation for a replacement vehicle; or
  2. an application for the transfer of a permission is pending.

(5) Where more than one permission is issued to or held by a person authorizing public transport over routes or areas that link up with each other, the holder of the permission shall abide strictly by the route(s) specified in such permissions and may not regard the service as one combined service in respect of both or more than one of such permissions unless such a combined service is specially authorized by the Board in writing.

21. Records of permissions

The Board shall keep at its place of business a copy of every permission issued by it in terms of this Act and any amendment to any such permission, and shall enter such particulars thereof and of the holder of the permission and relevant motor vehicles on a computerised Permission Administration System as are prescribed by regulation.

22. Temporary replacement of a motor vehicle to which permission relates

The Board or any member thereof designated by the chairperson for that purpose, may grant written permission for any motor vehicle, of which the passenger capacity is equal to or smaller than or does not exceed by more than 20 percent that of a motor vehicle to which a permission relates to be used for such fixed period not exceeding 21 days as it or he may determine, by the holder of the permission in question for the transport authorized by that permission in place of the last-mentioned motor vehicle which has become defective or, due to an accident, has been temporarily withdrawn from service, and the first-mentioned vehicle shall, during the period referred to, be deemed to be the vehicle to which such permission relates.

23. Additional authority conveyed by a permission

Any permission shall, in addition to the transport expressly authorized by it, authorize also the conveyance of any person necessary in connection with such expressly authorized transport.

24. Duties of the holder of a permission

(1) The holder of a permission shall-

  1. carry the permission or the written permission referred to in section 22 on the motor vehicle to which they relate and produce them on demand to an authorized officer;
  2. keep the permission in such a condition that the letters and figures on it are clearly legible and, if the permission is damaged or ceases to be clearly legible, apply for a duplicate in the manner prescribed by regulation;
  3. cause the name, address and nature of business of the holder to be borne on the motor vehicle to which the permission relates, in a conspicuous place, in the manner prescribed by regulation or in such other manner as the Board may approve in writing in a particular case;
  4. exhibit such other particulars as may be prescribed by the Board in its discretion;
  5. affix and keep affixed in the manner prescribed by regulation, a distinguishing mark on all motor vehicles used in terms of such permission.

(2) A permission issued under this Act-

  1. shall not authorize the holder to undertake transport over a public road in the area of jurisdiction of any municipality if it is unlawful under any ordinance, regulation or by-law in such area or as a result of any action taken by such municipality in terms of any such ordinance, regulation or by-law, to use a motor vehicle on such road or to undertake on that road any transport to which such permission relates;
  2. shall not exempt the holder from the obligation to comply with any requirement imposed upon him, her or it under any law, licence or permit issued by any other authority.

25. Lapsing of certain permissions

(1) If the Board has by written notice sent by registered or certified post to the holder of a permission required him, her or it at any time after the issue of the permission, to commence the transport in respect of which the permission was granted, before a date specified in the notice or such later date as the Board may allow in writing, the permission in question shall lapse on the date so specified or, as the case may be, on such later date, unless the Board has declared itself in writing to be satisfied that such holder has commenced such transport before the date in question.

(2) Any permission that has lapsed in terms of subsection (1), or for any other reason, together with the distinguishing mark that relates to such permit, shall be returned by the holder thereof to the Board within seven days after the permission has lapsed.

26. 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 issued by the Board may apply to the Board for the issue to him, her or it, on payment of the prescribed fee, of a series of ad hoc authorizations.

(3) The Board shall sequentially number ad hoc authorizations issued by it 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 must 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 Board and, in the case of a minibus taxi service, 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.]

27. Withdrawal, suspension or variation of a permission

(1) Where a permission has been granted on the strength of a contract, the transport authority that has granted the contract may request the Board to withdraw the permission where the contract has been terminated for any reason, whereupon the permission shall be withdrawn if the Board is satisfied that the termination was justified.

(2) Subject to the provisions of subsection (3), in the case of a permission that has not been granted on the strength of a contract, the Board may at any time withdraw or suspend for such period as it may deem fit, any permission issued by it-

  1. if the holder of such permission or any employee of such holder has been convicted of any offence under this Act or under any law relating to motor vehicles or the regulation of traffic or occupational safety or labour relations, or
  2. if, in the opinion of the Board, the holder of such permission has not carried out faithfully the conditions or requirements of such permission, or
  3. if the holder has ceased to be registered with the relevant registrar; or
  4. if the holder of such permission has failed to initiate the service authorized by the permission for a period of not less than 90 consecutive days within six months of the granting of such permission; or
  5. if the holder of such permission has ceased to operate such service for 90 consecutive days.

(3) The Board shall not under subsection (1) or (2) withdraw, suspend or vary any permission unless-

  1. at least twenty one days' written notice of its intention to do so, together with reasons therefor, has been given to be holder of such permission by registered or certified post;
  2. such holder has been given an opportunity, either personally or through his or her authorized representative, to appear before the Board and provide evidence or submit representations in regard to the proposed action; and
  3. in the case of public transport provided in terms of an approved public transport plan, the transport authority has been given an opportunity to submit representations and make alternative arrangements.

28. Withdrawal of permission in terms of a public transport plan

(1) If the public transport authorized by any permission ceases to be appropriate to the requirements of a public transport plan, the transport authority may make submissions to the Board and the Board may, by written notice to the holder, withdraw such permission at a date not earlier than six months after the notice has been given on payment of compensation to the holder of the permission for losses suffered as a result of the withdrawal.

(2) A notice under subsection (1) shall be sent to the holder concerned by registered or certified post, and shall require such holder to submit his, her or its claim for compensation setting out in detail how the amount claimed is calculated, and substantiated by not less than three separate sworn appraisals, within ninety days of the date of the notice, or within such further period as the Board may allow.

(3) The amount of such compensation shall, subject to the provisions of subsection (4), be determined by the MEC with the concurrence of the MEC for Finance.

(4) If any person entitled to claim compensation under subsection (1) is not prepared to accept the amount determined under subsection (3) and offered in settlement of his or her claim, the amount shall be determined by arbitration in accordance with the provisions of the Arbitration Act, 1965 (Act 42 of 1965) by an arbitrator or arbitrators appointed in the manner prescribed by regulation.

(6) This section shall be of effect only for a period of ten years from the date of coming into operation of this Part of this Act.

29. Offences

(1) Any person who-

  1. undertakes public transport, or a courtesy or staff service, except under the authority of a permission; or
  2. being the holder of a permission, undertakes public transport, or a courtesy or staff service, otherwise than in accordance with the provisions of such permission;
  3. with intent to deceive, makes any writing falsely purporting to be a permission or other document issued under this Act, or alters or defaces or mutilates or adds anything to such a permission or document; or
  4. knowing that any such writing falsely is not a permission or document issued under this Act, or that any permission or other document issued under this Act has been altered, defaced, mutilated or added to in contravention of paragraph (c), utters such writing, permission or other document or uses it for the purposes of this Act; or
  5. except as allowed by this Act, transfers any permission or distinguishing mark, without the consent in writing of the Board, to any vehicle or person other than a vehicle or person referred to or named in such permission or distinguishing mark; or
  6. not being an inspector, by words, conduct or demeanour pretends to be an inspector; or
  7. wilfully obstructs or hinders or interferes with an inspector in the exercise of his or her powers or the performance of his or her duties; or
  8. without sufficient reason (the onus of proof whereof shall be upon him or her) fails or refuses to appear before the Commission or Board or member thereof after having been required to do so in terms of this Act, or fail or refuses to answer to the best of his or her knowledge any question lawfully put to him or her or to produce any book, plan or other document or article which he or she has been so required to produce; or
  9. makes any false statement in connection with any application, appeal, inquiry or investigation under this Act, whether orally or in writing, knowing it to be false; or
  10. obtains a permission from the Board knowing that a permission has already been issued to some other person in respect of the vehicle concerned,
  11. infringes any other provision of this Act,

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

30. Jurisdiction

A magistrate's court shall have jurisdiction to impose any penalty provided for in this Act.

31. Limitation of liability

No civil or criminal proceedings shall be instituted or continued in any court of law against any inspector by reason of any act done in good faith by any inspector or the employer of any inspector in terms of this Act.

32. Finance

(1) All monies received by the Board under this Act shall be paid into the Fund, and all expenditure incurred in the administration of this Act shall be defrayed from monies appropriated by the MEC for Finance out of the Fund.

(2) All monies received by a transport authority under this Act shall be paid into the land transport fund established for that authority.

33. Relation of Act to other laws

The provisions of this Part of this Act shall be additional to and not in substitution of any other law related to motor vehicles.

34. Transitional provisions

Any permit issued under the Road Transportation Act, 1977 (Act 74 of 1977) shall be converted into a permission issued under the corresponding provisions of this Act in the manner determined by regulation, and shall be valid for the period of issue thereof, subject to the presentation of a valid certificate of fitness or roadworthy certificate as required by the Road Traffic Act, 1989 (Act 29 of 1989) within six months from the date of commencement of this Part of this Act, failing which such permit shall lapse and be submitted to the Board for cancellation.

[Note: Current emergency and law enforcement legislation may require attention with a view to the amendment thereof to facilitate law enforcement and mediation in the case of taxi violence. Measures already exist, for example to close taxi ranks in the case of violence, but these measures may require improvement and streamlining in the light of the current critical situation.]

PART 7

ESTABLISHMENT OF PROVINCIAL TAXI REGISTRAR

[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.]

35. Definitions

In this Part of this Act-

  1. "association" means a formal grouping of minibus-taxi operators or body to which two or more such groupings are affiliated, which is formed not for gain and which is formed for any legal purpose, having the main object of promoting the group interests of its members, and which intends to apply its income in promoting such interests;
  2. "primary association" means an association to which no other association is affiliated;
  3. "federal association'" means an association to which two or more other associations are affiliated;
  4. "interprovincial association" means an association whose members pick up or set down passengers in two or more different provinces;
  5. "non-member" means a minibus-taxi operator who does not belong to an association.

36. Appointment of Provincial Taxi Registrar

(1) The MEC shall, subject to the laws governing the public service, appoint a Provincial Taxi Registrar, under the control of the MEC, who shall exercise the powers and perform the duties assigned to the Registrar by this Act.

(2) The Director-General shall, subject to the laws governing the Public Service, provide the staff necessary to assist the Registrar in the performance of his or her functions and duties.

(3) No person shall be appointed as a Registrar if he or she or any of his or her near relations is financially interested in any business of public transport or is an elected office bearer in an association, or is engaged in any activity which, in the opinion of the MEC, will interfere with the impartial discharge of the duties of his or her office.

(4) When the office of Registrar is vacant or when the Registrar is absent or is for any other reason unable to perform his or her functions, the MEC may appoint an acting registrar who shall act temporarily in the Registrar's stead.

37. Powers of Registrar

The Registrar shall have the power-

  1. to grant a certificate of full registration to any primary association and its members, federal association or non-member in terms of section 38;
  2. to advise the MEC on any matter falling within the scope of this act;
  3. to communicate to the MEC information on matters of public importance acquired by him or her or his or her office in the course of the performance of his or her functions under this Act;
  4. to consider and decide upon any application for registration under this Part of this Act;
  5. to decide upon the form of the register and certificates to be kept, maintained or issued under this Act;
  6. to take all reasonable steps to monitor and receive information with respect to the compliance or non-compliance of registered associations and registered non-members with the provisions of the Standard Constitution and Code of Conduct prescribed in terms of this Act; and
  7. to exercise any of the functions conferred upon him or her in terms of any other section of this Act.

38. Duties of Registrar

(1) The Registrar shall assist in the promotion of professional practices by registered associations and their registered members and by non-members.

(2) The Registrar shall take all reasonable steps to encourage associations to register in terms of this Act.

(3) The Registrar shall provide as much advice and assistance to associations as is reasonably possible to enable them to apply successfully for registration.

(4) The Registrar shall accept and consider applications for registration from associations and non-members.

(5) The Registrar shall grant a certificate of full registration and registration number to any primary association and each of its members who upon application made by it satisfies the Registrar-

  1. that it has been in existence for a period not less than the minimum period determinated by the Registrar and his or her panel of assessors in terms of section 41(7)(a)(i);
  2. that the constitution and code of conduct submitted by the association has been signed and accepted by each of its members as binding upon himself or herself;
  3. that the said constitution and code of conduct are consistent with and encompass the provisions of the Standard Constitution and Code of Conduct prescribed in terms of this Act;
  4. that the number of members meets the minimum determination made by the Registrar and his or her panel of assessors in terms of section 41(7)(a)(i);
  5. that each member in respect of whom application for registration is made holds a permission for each vehicle that he or she operates and that his or her operations are legally within the authority of such permission;
  6. that each member has signed and agreed to abide by the constitution and code of conduct submitted by the registered association of which he or she is a member in terms of subsection 42(7)(a)(ii); and
  7. that all the information required by the Registrar in terms of this Act has been provided by the association.

(6) The Registrar shall grant a certificate of registration to any member of a registered primary association who upon application made by him or her satisfies the Registrar -

  1. that the primary association to which he or she belongs is registered;
  2. that he or she holds a permission for each vehicle that he or she operates and that his or her operations are legally within the authority of such permission;
  3. that he or she has signed and agreed to abide by the constitution and code of conduct submitted by the registered association of which he or she is a member in terms of subsection (7)(b); and
  4. that all the information required by the Registrar in terms of this Act has been provided by the member.

(7) The Registrar shall grant a certificate of full registration to any federal association who upon application made by it satisfies the Registrar -

  1. that each of its affiliated associations based within the province has been granted a certificate of full registration;
  2. that the constitution and code of conduct submitted by the association has been signed and accepted by its office bearers and the office bearers of each of its affiliated associations as binding upon themselves;
  3. that the said constitution and code of conduct are consistent with and encompass the provisions of the Standard Constitution and Code of Conduct prescribed in terms of this Act; and
  4. that all the information required by the Registrar in terms of this Act has been provided by the association.

(8) The Registrar shall grant a certificate of full registration to any non-member who upon application made by him or her satisfies the Registrar that-

  1. no primary association has been established in respect of the route or routes which he or she plies; or
  2. a primary association has been established in respect of the route or routes which he or she plies but the conditions set by the associations for membership are unfair in the opinion of the Registrar; or
  3. a primary association has been established in respect of the route or routes which he or she plies but the association has failed in two or more applications to be granted registration; and
  4. he or she holds a permission for each vehicle that he or she operates and that his or her operations are legally within the authority of such permission;
  5. that he or she has signed and agreed to abide by the Standard Constitution and Code of Conduct prescribed in terms of this Act; and
  6. that all of the information required by the Registrar in terms of this Act has been provided by the non-member.

(9) The Registrar shall keep a register, in which he or she shall cause to be recorded and kept up to date-

  1. in respect of each primary association registered in terms of this Act-
    1. name;
    2. postal address;
    3. street address;
    4. telephone number;
    5. facsimile number;
    6. number of registered members;
    7. number of registered vehicles;
    8. joining fee and annual membership fee per member;
    9. names of other associations to which the association is affiliated;
    10. date of registration;
    11. position, identity number and name of each office bearer;
    12. for each route operated, the points between and the routes along which the transportation is conducted;
    13. particulars of each member registered in terms of this Act, namely date of registration, membership type, identification type, identity number or business registration number, name, postal address, street address and registration number;
    14. particulars of the vehicle or vehicles operated by each member registered in terms of this Act namely vehicle registration number, chassis number, certificate of fitness or roadworthiness certificate number, date of expiry of certificate of fitness or of roadworthiness certificate, permission number and description of the points between which transportation is conducted by the vehicle or description of the point from which transportation is conducted by the vehicle;
    15. registration number issued to the association; and
    16. a copy of the constitution and code of conduct accepted by the Registrar in terms of section 38(7)(b);
  2. in respect of any non-member registered in terms of this Act-
    1. name;
    2. postal address;
    3. street address;
    4. type of operator; type of identification;
    5. identity number/business registration number;
    6. trade name (if any);
    7. for each route operated, the points between and the routes along which the transport is conducted;
    8. for each vehicle operated, vehicle registration number, chassis number, vehicle make, vehicle type, certified seating capacity, certificate of fitness or roadworthiness certificate number, date of expiry of certificate of fitness or of roadworthiness certificate, permission number and type of service authorized by the permission;
    9. registration number issued; and
    10. date of registration.
  3. in respect of any federal association registered in terms of this Act-
    1. name;
    2. postal address;
    3. street address;
    4. telephone number;
    5. facsimile number;
    6. position, identity number and name of each office bearer;
    7. names and registration numbers of registered affiliated associations; and
    8. a copy of the constitution and code of conduct accepted by the Registrar in terms of section 38(7)(b);
  4. a record of all instances of non-compliance with the Standard Constitution and disciplinary action imposed in terms of section 42;
  5. such other particulars as the MEC may direct.

[Note: Subsection (9) will be more appropriate in regulations.]

(10) The Registrar shall in every calendar year submit to the MEC an annual report containing information concerning his or her activities, registration of associations and their members, the registration of non-members, decisions made by the panel of assessors appointed under this Act, and other matters as the MEC may direct, and the MEC shall table the report in the Provincial Legislature.

(11) The Registrar shall perform all of the duties imposed upon him or her in terms of any other section of this Act.

39. Powers of the MEC

(1) The MEC shall have the power to prescribe and amend a Standard Constitution and Code of Conduct and to make additional rules-

  1. as to the requirements with which an association registered in terms of this Act shall comply in conducting its affairs;
  2. as to the requirements with which a non-member registered in terms of this Act shall comply in conducting his or her business; and
  3. prescribing conduct on the part of a registered non-member or association, which shall constitute improper conduct.

(2) Any rule made in terms of subsection (1) or any repeal of such rule shall be made known by the MEC by notice in the Gazette.

(3) The MEC may make regulations-

  1. reserving forms of assistance created specifically for minibus-taxi operators and associations for persons and associations registered under this Act;
  2. prescribing the manner in which an association or non-member shall apply for registration and prescribing the fees payable to the Registrar in respect of any such application and any annual fees which may be payable to the Registrar by any association or non-member.

40. Registration procedures

(1) Any association, any member of an association or non-member who desires to be registered shall lodge with the Registrar, in the manner prescribed, an application in writing for such registration, accompanied by the prescribed application fee and such information as may be required by the Registrar.

(2) If after considering the application and verifying the information submitted the Registrar is satisfied that the applicant has satisfied the prescribed requirements, the Registrar shall register the applicant and issue to the applicant a certificate of registration and registration number.

(3) If after considering the application the Registrar is not satisfied that the applicant has satisfied such requirements, the Registrar shall inform the applicant of the requirements the applicant has failed to meet, and may provide the applicant with advice and assistance to enable the applicant to meet the said requirements.

(4) Upon registration of an inter-provincial association, the Registrar shall forward a copy of the certificate of registration and all registered details of the association to the Registrar in each province to or from which the members of the said association operate.

(5) Upon receiving an application from an inter-provincial association which has already obtained registration in another province, the Registrar may register such association if it meets the prescribed requirements, but may exempt such association from the obligation to pay an application fee and annual registration fees, if such fees have been paid or are payable in another province in which the association is registered.

OPTIONAL ESTABLISHMENT OF PANEL OF ASSESSORS

41. Establishment of panel of assessors

(1) There is hereby established a panel to be known as the Provincial Taxi Registrar's panel of assessors.

(2) The panel shall consist of two members appointed by the MEC.

(3) No person shall be appointed as a member of the panel if he or she or any of his or her near relations is financially interested in any business of public transport or is an elected office bearer in an association, or is engaged in any activity which, in the opinion of the MEC, will interfere with the impartial discharge by the member of his or her duties.

(4) One of the two members must be appointed on account of his or her knowledge of the law if the Registrar does not have such knowledge.

(5) Members of the panel shall hold office upon such conditions as to remuneration and otherwise as the MEC may determine with the concurrence of the MEC for Finance.

(6) The Registrar will chair all meetings of the panel and may cast a deliberative vote.

(7) The panel shall have the power to-

  1. prescribe-
    1. the minimum number of members any particular association shall be required to have in order to be eligible for registration;
    2. the minimum period of time for which any particular association must have been in existence in order to be eligible for registration;
    3. a tariff of maximum joining and annual membership fees, which shall be approved by the MEC, that is payable to any registered association by its members;
    4. any other additional requirements with which an association must comply in order to qualify for registration;
  2. consider and give a decision on-
    1. the suspension, as contemplated in section 42, of the registration of any registered non-member or registered association;
    2. the deregistration, as contemplated in section 42, of any registered non-member or registered association;
  3. determine the method of inquiry into allegations of improper conduct or failure to comply with the provisions of the Standard Constitution and Code of Conduct of which any association or non-member registered in terms of this Act is alleged to have been guilty; and
  4. carry out such other duties as the MEC may direct.

(8) One member of the panel and the Registrar shall form a quorum for any meeting of the panel.

(9) Where no consensus can be reached among the members of the panel about a decision it is required to give members will cast votes; and

  1. the decision of the majority of the members of the panel present at the meeting shall constitute the decision of the panel in respect of the proceedings; and
  2. in the event of an equality of votes, the chairperson shall have a casting vote in addition to his or her deliberative vote.

42. Failure to comply with Standard Constitution and disciplinary powers of Registrar

(1) The Registrar shall have the power, on receipt of a complaint, accusation or allegation or on the ground of information which has come to its notice and which may point to the failure of an association or non-member registered in terms of this Act to comply with the rules set out in the prescribed Standard Constitution and Code of Conduct, conduct an inquiry in the method determined by section 42.

(2) Any registered association or registered non-member found in terms of such inquiry to have failed to comply with the rules set out in the Standard Constitution and Code of Conduct, for reasons within the control of the association or non-member, shall be liable to receive-

  1. a written notification from the Registrar directing that the Standard Constitution be complied with and setting out the steps to be followed within a stated period;
  2. if the notification referred to in paragraph (a) is not complied with, a warning to comply within a stated period;
  3. if the notice referred to in paragraph (b) is still not complied with, the Registrar shall supply the association or member with reasonable assistance to comply therewith, and still failing such compliance-
    1. a fine not exceeding the amount prescribed imposed by the Registrar, or
    2. a written order signed by the Registrar of temporary suspension of the certificate of registration upon a decision made by the Registrar and the Panel of Assessors; or
    3. a written order signed by the Registrar withdrawing the certificate of registration upon a decision made by the Registrar and the Panel of Assessors.

(3) The Registrar shall immediately after the issuing of an order that the name of any association or non-member be struck off the Register forward a certified copy thereof to the MEC and to a senior official in any government department or institution providing any benefits or assistance to the deregistered association or its members or deregistered non-member by virute of their being registered.

ALTERNATIVE TO SECTION 41

41. Establishment of panel of assessors

(1) There is hereby established a panel to be known as the Provincial Taxi Registrar's panel of assessors.

(2) The panel shall consist of at least three members, appointed by the MEC being-

  1. at least one person representing the community;
  2. at least one person representing the minibus-taxi industry of the Province;
  3. one person appointed on account of his or her knowledge of the law.

(3) The Registrar shall at the request of the MEC co-opt, to serve on the panel with regard to any particular matter, not more than five additional members who may include-

  1. a person or persons representing a municipality;
  2. a person or persons representing a minibus-taxi co-operative,

and a member so co-opted may at the request of the chairperson participate in any proceedings at any meeting of the panel and cast a vote at such proceedings.

(4) Members and co-opted members of the panel shall hold office upon such conditions as to remuneration and otherwise as the MEC may determine with the concurrence of the MEC for Finance.

(5) The Registrar will chair all meetings of the panel and may cast a deliberative vote.

(6) The panel shall have the power to-

  1. prescribe-
    1. the minimum number of members any particular association shall be required to have in order to be eligible for registration;
    2. the minimum period of time for which any particular association must have been in existence in order to be eligible for registration;
    3. a tariff of maximum joining and annual membership fees, which shall be approved by the MEC, that is payable to any registered association by its members;
    4. any other additional requirements with which an association shall comply in order to qualify for registration;
  2. consider and give a decision on-
    1. the suspension, as contemplated in section 42 of the registration of any registered non-member or registered association;
    2. the deregistration, as contemplated in section 42 of any registered non-member or registered association;
  3. determine the method of inquiry into allegations of improper conduct or failure to comply with the provisions of the Standard Constitution and Code of Conduct of which any association or non-member registered in terms of this Act is alleged to have been guilty; and
  4. carry out such other duties as the MEC may direct.

(7) Three members of the panel and the Registrar shall form a quorum for any meeting of the panel.

(8) Where no consensus can be reached among the members of the panel about a decision it is required to give in terms of section, members will cast votes; and

  1. the decision of the majority of the members of the panel present at the meeting shall constitute the decision of the panel in respect of the proceedings; and
  2. in the event of an equality of votes, the chairperson shall have a casting vote in addition to his or her deliberative vote.

PART 8

ESTABLISHMENT OF TRANSPORT AUTHORITIES

ALTERNATIVE 1: EXISTING AUTHORITIES DESIGNATED AS TRANSPORT AUTHORITIES

43. Designation of Transport Authorities

(1) The MEC may, in agreement with-

  1. all local authorities concerned,
  2. providers of public transport operating in the relevant area;
  3. representatives of passengers involved;
  4. all other affected parties,

by notice in the Gazette, designate

  1. the Province;
  2. a municipality;
  3. a combination of local authorities;

as a transport authority for a transport area that is likewise designated, in accordance with regulations made by the MEC.

(2) If a transport authority is not established in terms of subsection (1) for a particular area, the province shall carry out the functions of a transport authority in respect of such area.

(3) The fact that a municipality has not been declared as a transport authority under this section shall not exempt it from carrying out the transport functions assigned to it by any applicable law.

44. Transport areas

(1) A transport area may be-

  1. an existing administrative area;
  2. a combination of two or more administrative areas; or
  3. an area whose boundaries cover parts of two or more administrative areas.

(2) In determining the boundaries of a transport area the MEC in consultation with the local authorities concerned shall have due regard to-

  1. economic inter-dependency between residents in respect of predominant travel patterns for work, education, medical care, recreational, consumer spending and social activities;
  2. integrated land use and transport development potential;
  3. effectiveness and efficiency in the provision of public transport services;
  4. the ability of the area to finance transport infrastructure and the provision of subsidised service contracts and concessions;
  5. natural and geographical characteristics; and
  6. the capacity of the authorities concerned to prepare and implement transport plans and administer the fund established for such purpose.

45. Functions of a transport authority

(1) Every transport authority shall take responsibility for-

  1. the development of transport policies and plans based upon national and provincial guidelines and the visions, policies and spatial frameworks of the transport area and its sub-structures;
  2. the preparation of plans, including a public transport plan, and implementation, maintenance and operational programmes and budgets;
  3. the implementation of transport plans;
  4. the administration of the transport authority fund referred to in Part 9;
  5. the preparation and delivery of an annual report to the MEC and the Provincial Legislature as well as the relevant councils of the transport authority;
  6. controlling of the right to operate on routes and at ranks and termini through permissions, contracts and concessions; [Note: This aspect depends on the functions of planning authorities vis-á-vis permit boards, and is still being discussed.]
  7. the maintenance, operation and management of the transport system;
  8. financial planning for transport;
  9. the development, implementation and monitoring of an environmental strategy;
  10. the regulation and management of movement of persons and goods.

(2) A transport authority may, in appropriate circumstances, undertake-

  1. the regulation of traffic and enforcement of transport regulations;
  2. the establishment of fare structures, fare levels, and concessionary fares for special categories of passengers and the periodic adjustment of fares in consultation with stakeholders;
  3. travel demand management;
  4. the marketing, promotion and publicity associated with the provision of transport services;
  5. the provision of public transport information for existing and potential passengers;
  6. public consultation, participation or involvement through hearings, workshops and other media to ensure communication with communities and operators;
  7. the provision of security in public transport;
  8. service delivery through the setting of performance standards;
  9. the evaluation of the financial statements of qualifying service providers;
  10. the calling for, evaluation and awarding of tenders for contracted public transport services and the preparation of tender specifications: provided that the award of tenders shall be subject to the approval of the Provincial Tender Board;
  11. the remuneration of service providers;
  12. the control of service delivery through the setting of standards (operational and technical) and monitoring of contracts;
  13. the establishment of integrated ticketing systems and the control of revenue sharing amongst relevant operators.

(3) The MEC may direct a transport authority by written notice to undertake one or more of the functions set out in subsection (1), where he or she is of the opinion that they are not receiving adequate attention, and such authority shall then give due attention to carrying out the function concerned.

(4) Where the MEC is of the opinion that one or more of the functions set out in subsection (1) are not being carried out, or are not adequately being carried out, he or she may direct the transport authority to carry out or assist with the carrying out of the function, subject to reasonable written notice being given to such authority: provided that such notice shall not be required in the case of what, in the opinion of the MEC, is an emergency situation.

(5) When a transport authority cannot or does not fulfil any function that it is obliged to perform under this Act, the MEC may intervene by taking any appropriate steps to ensure fulfilment of that function, including him or herself exercising or performing the function or causing it to be exercised or performed, subject to the provisions of section 139 of the Constitution, and in that case any moneys payable from the National or Provincial Land Transport Funds to that transport authority may be utilised by the MEC for the purpose for which they were intended, and the MEC may recover from such authority any relevant cost for which it may be liable.

(6) A specific technical department may be designated by the relevant municipality to perform the technical functions of the transport authority.

46. Powers of transport authorities

(1) A transport authority may enter into an agreement with a municipality or any other person or institution, regardless of whether the area of jurisdiction of that authority, person or institution is within or outside the transport area of that transport authority, or within or outside the Republic, in terms of which-

  1. the transport authority undertakes on behalf of that authority, person or institution to exercise a power or perform a duty which that authority, person or institution may exercise or is obliged to perform;
  2. that authority, person or institution undertakes to exercise or perform on behalf of the transport authority any function or duty of a transport authority or part thereof under this Act;
  3. where a transport authority undertakes to perform a function or exercise a power in an area outside the Republic, such area shall, on the conditions specified in the agreement, be deemed to be part of the transport area of the transport authority concerned.

(2) Any agreement contemplated in subsection (1) with an authority, person or institution outside of the Republic shall only be concluded with the approval of the Minister of Foreign Affairs.

(3) A transport authority may investigate any matter falling within the scope of this Act in its transport area.

(4) With the consent of, or at the request of the MEC, investigate any matter falling within the scope of this Act in any area outside of its transport area.

(5) A transport authority may let to any person the unoccupied part of land or any building which it has acquired and shall pay the net proceeds thereof into its fund established under section 56, unless the land, with or without improvements, was acquired by a municipality solely at its own expense.

(6) A transport authority may, with the consent of the MEC, delegate any power conferred on it by this Act to any member or officer of the authority, or of any municipality which forms part of the transport authority.

(7) The MEC may delegate in writing any power conferred on him or her under this Act to a transport authority or municipality or to any person in the service of his or her administration.

47. Agreements with other provinces

The MEC may enter into agreement with the MEC of another province regarding the joint exercise of functions between transport authorities within the respective provinces, after consultation with the affected transport authorities.

48. Transport advisory committee [transport forum]

The MEC may, in consultation with the chairperson of the transport authority appoint a transport advisory committee.

49. Composition of a transport advisory committee

(1) The transport advisory committee referred to in the previous section shall consist of not more than ten members who are in the opinion of the MEC fairly representative of the providers and beneficiaries of the public transport system appointed by the MEC of whom-

  1. two persons shall be nominated by the transport authority;
  2. not more than four shall be persons nominated by public transport operators; and
  3. 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 the public transport system.

(2) The MEC may make regulations governing the functions of advisory committees and any other matter necessary for the performance of their functions under this Act.

50. Transport executive

The MEC in consultation with a transport authority may establish a transport executive to perform the technical functions of the transport authority: provided that a transport executive may be established for the transport areas of more than one transport authority.

ALTERNATIVE 2: STATUTORY CORPORATION AS TRANSPORT AUTHORITY

51. Establishment of transport corporation

(1) The MEC may, by notice in the Gazette, establish a transport corporation as a legal person for a transport area for the purpose of carrying out the functions of a transport authority set out in section 45.

(2) The corporation shall appoint a Chief Executive as executive head of the corporation who shall receive a salary.

(3) The affairs of the corporation shall be under the supervision of a board consisting of not more than ... members appointed by the MEC and drawn from the elected representatives of the relevant municipality(ies).

(4) The MEC shall appoint a board member as chairperson of the board.

(5) The MEC may, in the circumstances and manner prescribed, appoint an acting chairperson and an acting Chief Executive.

(6) The MEC may make regulations dealing with all or any of the following:

  1. the functions, duties and proceedings of the board;
  2. the functions and duties of the Chief Executive, the acting Chief Executive, the Chairperson and acting chairperson, and the appointment and tenure of office of the same;
  3. the appointement, tenure and conditions of office, remuneration, allowances and functions and duties of board members, their disqualification and removal from office: provided that no member may be removed from office unless the removal has been decided upon by a majority of board members and approved by the MEC;
  4. the financial relations between the relevant municipalities or province and the board;
  5. the limitations of expenditure by the corporation in relation to estimates approved by the board;
  6. the utilisation by the corporation of the services and the like of the transport departments of the relevant municipalities, and vice versa, and the maintenance of co-ordination between the corporation and such departments;
  7. the delegation by the board of any of its powers, functions and duties;
  8. the setting up of a transport executive, consisting of municipal officials or employees of the corporation, to carry out the technical functions of the corporation, on the terms and conditions prescribed;
  9. generally, any matter that, in the opinion of the MEC, is necessary or expedient for the better functioning or management of the corporation.

(7) The corporation shall annually prepare a budget to be approved by the board in accordance with regulations made by the MEC.

(8) The Chief Executive shall be the accounting officer of the corporation and responsible as such for all moneys received and payments made by it.

(9) The corporation shall keep proper books of account and prepare financial statements in accordance with acceptable accounting practices and report thereon to the board.

(10) The activities of the corporation shall be audited annually by auditors to be appointed by the board.

(11) The corporation shall have the power to conclude contracts in order to fulfil its functions as set out in section 45, including, but not limited to the following:

  1. to establish and maintain transport infrastructure;
  2. to acquire, dispose of, develop, operate and exploit assets;
  3. to acquire and manage liabilities;
  4. to enter into contracts and perform other legal acts;
  5. to acquire or alienate movable and immovable property or rights therein: provided that the consent of the MEC shall be required to alienate property of a class or value determined by the MEC by regulation;
  6. to acquire or alienate rights in incorporeal things or to deal therewith in any other manner;
  7. to borrow money with the consent of the MEC and the MEC responsible for Finance;
  8. to lend or invest money in accordance with guidelines made by the MEC;
  9. to enter into indemnities, guarantees and suretyships and to secure payment in terms therof in any manner;
  10. to make donations;
  11. to grant service benefits of any nature, including pension and incentive schemes, to members of the board and employees;
  12. to conclude partnership contracts and to participate in joint ventures;
  13. with the approval of the MEC, 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;
  14. to undertake research,

Provided that the corporation shall not be empowered to own, conduct, manage or operate the undertaking of public transport services.

[Note: These powers may be adapted and supplemented.]

(12) The corporation shall consult and collaborate with the departments of the relevant municipalities responsible for land use planning in all of its planning endeavours.

(13) The corporation shall not be abolished or dissolved except by an act of the Provincial Legislature.

[Note: A further alternative is to have a public transport corporation instead of a transport corporation.]

52. Cancellation or amendment of transport authorities and areas

Subject to section 51(13), the MEC may cancel or amend any notice declaring a transport authority or area, for example if the authority does not comply with regulations promulgated in terms of this Act, after consultation with the authority or authorities concerned and after giving reasonable written notice.

53. By-laws

(1) Any transport authority may in accordance with any applicable approved transport plan-

  1. regulate the size, class or number of motor vehicles that may enter any specified portion of its transport area and determine the time or times when any class of vehicle may enter any such portion;
  2. regulate or prohibit the entry of any class of motor vehicle in any such portion during any specified period;
  3. prohibit the loading or off-loading of goods motor vehicles in any such portion during any specified period or periods, and determine the time or times when such loading or off-loading may take place;
  4. regulate or prohibit the provision of parking places for vehicles in any building or premises in any such portion during any specified period.

(2) Any municipality may make by-laws to further the objects of this Act including, but not limited to-

  1. the numbering of routes and allocation thereof to particular minibus taxi associations or operators, and the form and issuing of distinguishing marks in that regard;
  2. the establishment and functioning of taxi forums, local taxi liaison committees and similar bodies;
  3. the allocation of facilties to particular public transport operators or taxi associations and the issuing of permits or licences to such operators or associations and the charging of fees in that regard;
  4. the conduct of drivers of public transport vehicles;

(3) Any transport authority or municipality may enter into agreements with private persons or institutions regarding the allocation or use of facilties situated on private property, in accordance with regulations or guidelines made by the MEC.

(4) The provisions of the Businesses Act, 1991 (Act 71 of 1991) shall not apply to public transport services provided in terms of this Act.

PART 9

ESTABLISHMENT AND ADMINISTRATION OF PROVINCIAL LAND TRANSPORT FUND AND LAND TRANSPORT FUNDS FOR TRANSPORT AUTHORITIES

[Note: Money in the current provincial Urban Transport Funds will be transferred to the relevant provincial land transport funds, and money in the current consolidated metropolitan transport funds to the relevant transport authority funds.]

54. Establishment of Provincial Land Transport Fund

(1) There is hereby established a Provincial Land Transport Fund into which shall be paid the money referred to in section 38 of the National Act, interest on invested cash balances and money received from any other source.

(2) The Fund shall be administered by the MEC.

(3) Cash balances in the fund not required for immediate purposes shall be invested in the manner prescribed by regulation.

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

55. Utilisation of the Fund

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

  1. appropriations to transport authorities as he or she considers necessary to further provincial transport goals and objectives 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.

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

56. Establishment of land transport funds for transport authorities

(1) There is hereby established a land transport fund for each transport authority into which shall be paid-

  1. monies appropriated by the MEC for such funds;
  2. interest on invested cash balances belonging to the fund;
  3. any other monies received from supplementary national or provincial government transport grants in terms of or for the purposes of this Act;
  4. all money appropriated by Parliament and allocated by the Premier for the subsidisation of public transport;
  5. all money appropriated through fuel levies for the subsidisation of public transport;
  6. all money derived from vehicle licences, transport fines and transport levies;
  7. all money received from levies under section 59;
  8. money granted by a municipality whose area of jurisdiction is part of the transport area in question, with the approval or at the request of the MEC;
  9. any other money accruing to such fund or received by the transport authority from any other source.

(2) The transport authority shall administer its fund and shall defray from it all expenditure incurred in connection with the exercise or performance of the powers or functions of the authority in terms of this Act or the regulations made thereunder.

(3) The transport authority shall annually submit to the MEC for approval, estimates of expenditure to be defrayed from its fund, and shall make no payment from the fund except in accordance with estimates so approved or with the prior approval of the MEC.

(4) A transport authority may with the approval of the MEC invest monies in its fund not immediately required by it.

(5) Transport authorities shall keep proper accounts of all monies accruing to or paid out of their funds, and such accounts shall be audited by the Auditor-General.

57. Utilisation of transport authority funds

(1) A transport authority may in its discretion and on such conditions as it may think fit, from the fund-

  1. make a grant for the promotion of transport planning, for defraying a specified part of the cost involved in conducting or preparing a transport study or investigation required for the preparation or updating of a transport plan;
  2. make a grant to any person for training in transport engineering or transport economics or any other matter in relation to transport;
  3. make a grant for the provision of public transport infrastructure and facilities required in terms of an approved transport plan;
  4. defray a specified part of the expenditure, incurred by any municipality, which is connected with the construction of a road constituting part of an approved transport plan;
  5. defray a specified part of the cost of additional equipment required by any municipality for regulating and controlling traffic in a transport area in terms of an approved transport plan;
  6. pay the agreed price for subsidised service contracts or concessions in terms of an approved transport plan;
  7. assist directly special categories of passengers through concessionary fares or recompense the operator of any public transport service provided in terms of an approved public transport plan;
  8. defray the cost or part of the cost of any publication or publicity material or any activity which in the opinion of the transport authority will promote the objects of this Act;
  9. defray the costs of any municipality whose area of jurisdiction or part thereof is in the relevant transport area, of carrying out the objects of this Act;
  10. defray the costs of preparing or implementing a relevant transport plan or public transport plan;
  11. pay interest on loans granted to it and redeem such loan in such instalments and within such period as the MEC may determine with the concurrence of the MEC for Finance;
  12. defray the cost or part thereof of the introduction of new technology, through innovative and improved products, into public transport;
  13. make any other payment for a purpose to achieve the objects of this Act;
  14. pay the costs of the administration of the fund.

(2) Cash balances in the fund shall be invested in the manner prescribed by regulation.

58. Loans to transport authorities

(1) The MEC may from money appropriated by the Provincial Legislature therefor, grant loans to a transport authority for the purposes of this Act.

(2) The transport authority shall from its fund pay the interest on any loan so granted and redeem the loan in such instalments and within such period as the MEC, with the concurrence of the MEC responsible for finance, may determine.

59. Levies by MEC or transport authorities

Notwithstanding the provisions of any other law, the MEC or any transport authority may from time to time impose, in accordance with any applicable approved transport plan, levies determined or approved by the MEC and which may differ from case to case, on-

  1. specified classes of motor vehicles entering specified portions of the transport area in the area under its jurisdiction at specified times;
  2. land or buildings, except in so far as they are used or intended for private dwelling purposes and land or buildings of which the state is the owner, in the transport area in the area under its jurisdiction;
  3. the parking of motor vehicles in any buildings or on any land in specified portions of the transport area in the area under its jurisdiction;
  4. parking places for motor vehicles in such portions;
  5. places where goods are off-loaded from or loaded onto motor vehicles in such portions.

60. Discretionary grants

The MEC may make grants under this section to assist transport authorities in financing-

  1. capital projects for new fixed guideway systems, and extensions to existing fixed guideway systems, including the acquisition of fixed property, the initial acquisition of rolling stock for the systems, alternatives analysis related to the development of the systems, and the acquisition of rights of way, and relocation, for fixed guideway corridor development for projects in the advanced stages of alternatives analysis or preliminary engineering;
  2. capital projects, including property and improvements (except public highways other than fixed guideway facilities), needed for an efficient and co-ordinated public transport system;
  3. the capital costs of co-ordinating public transport with other transport;
  4. the introduction of new technology, through innovative and improved products, into public transport;
  5. transport projects that enhance economic development or incorporate private investment, including commercial and residential development, because the projects-
    1. enhance the effectiveness of a public transport project and are related physically or functionally to that public transport project; or
    2. establish new or enhanced co-ordination between public transport and other transport.
  6. public transport projects planned, designed, and carried out to meet the special needs of special categories of passengers;
  7. the capital costs of motor vehicles used in the provision of public transport under subsidised service contracts or concessions.

PART 10

INTEGRATED LAND USE AND TRANSPORT PLANNING PROCEDURES

61. 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 of the National Act shall apply to integrated land use and transport plans.

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

  1. also apply to the actions of the Province 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 sub-division, use and planning of land and transport.

(3) The MEC may by proclamation in the Gazette-

  1. prescribe any principle for land development in addition to, but not inconsistent with, the principles referred to in subsection (1) or prescribed by the Minister under the National Act;
  2. prescribe any principle referred to in paragraph (a) in greater detail, but not inconsistent therewith: and
  3. publish for general information provincial policy relating to land development or any aspect thereof which is consistent with the principles referred to or prescribed under the above subsections,

whereupon such principle or policy shall apply in the Province on the basis set out in subsection (2).

62. 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.
  3. in any transport area, development proposals that are in conflict with the principles set out in subsections (a) and (b) shall be referred to the Development Tribunal established in terms of the Development Facilitation Act, 1995 (Act 67 of 1995);
  4. likewise, any development proposals that are in conflict with an approved spatial framework or integrated transport plan, shall be referred to such Development Tribunal for approval in terms of the general principles for land development contained in the said Development Facilitation Act or the general principles for transport and spatial development contained in subsections (a) and (b);
  5. transport developments that are in conflict with subsections (a) and (b) or any spatial framework or integrated transport plan shall be referred by the transport authority to the Provincial Transport Commission/Tribunal.

[Note: Paragraph (e) can be amended according to whether the province has established its own transport commission or tribunal.]

63. 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) In developing integrated transport plans and programmes pursuant to this section, each transport authority shall ensure consideration of the following factors:

  1. preservation of existing facilities and where practical, ways to meet transport needs by using transport facilities more efficiently and safely by means of the transport system management process as defined in national and provincial guidelines;
  2. the consistency of transport planning with applicable national, provincial and local energy conservation programmes, goals and objectives;
  3. the need to relieve congestion and prevent congestion from occurring where it does not yet occur;
  4. the likely effect of transport policy decisions on land use and development and the consistency of transport plans and programmes with all applicable short and long-term land use and development plans prepared by other agencies;
  5. the programming of expenditure on transport enhancement;
  6. the effects of all transport projects to be undertaken within the area of jurisdiction without regard to whether such projects are publicly funded;
  7. access to ports, airports, intermodal transport facilities, major freight distribution routes, national parks, historical monuments, military installations;
  8. the need for connectivity of road transport routes within and across the borders of the authority;
  9. transport needs to be identified through the use of pavement, bridge, road safety, public transport, traffic congestion and intermodal transport management systems;
  10. preservation of rights-of-way for construction of future transport projects, including identification of unused rights-of-way which may be needed for future transport corridors and identification of those corridors for which action is most needed to prevent destruction or loss;
  11. methods to enhance the movement of freight;
  12. the use of life-cycle economic analysis in the design and engineering of transport infrastructures as prescribed in national and provincial guidelines;
  13. the overall social, economic, energy and environmental effects of transport decisions;
  14. methods to expand and enhance public transport services and to increase the use of such services;
  15. capital investments that would result in increased security in public transport systems.

64. Development of long-range plans

(1) In general, each transport authority shall prepare and update periodically, according to national and provincial guidelines a long range plan for the next 20 year period.

(2) A financial plan that demonstrates how the long-range plan can be implemented, including resources from public and private sectors that are reasonably expected to be made available to carry out the plan and recommending innovative financing techniques such as value capture, tolls and congestion pricing shall be included in the long-range plan.

(3) Participation by interested parties shall be promoted; before the approval of a long-range plan by the transport authority citizens, affected public agencies, private providers of transport and other interested parties shall be provided with a reasonable opportunity to comment on the long-range plan in terms of regulations made by the MEC.

65. Transport improvement programmes

(1) The respective transport authorities shall develop a five year transport improvement programme for the area for which such organisation is designated in accordance with national and provincial guidelines, which shall be updated every year and citizens, affected public agencies, private providers of transport and other interested parties shall be provided with a reasonable opportunity to comment on the proposed programme in terms of regulations made by the MEC.

(2) The transport improvement programme shall include the following:

  1. a priority list of projects and project segments to be carried out in each three year period after the initial adoption of the transport improvement programme;
  2. a financial plan that demonstrates how the public transport improvement plan can be implemented, indicating resources from public and private sources that can reasonably be expected to be made available to carry out the plan and recommending innovative financing techniques to finance needed projects and programmes;
  3. projects involving financing through the Provincial Land Transport Fund shall be carried out by the province in co-operation with all transport authorities.

(3) Before authorisation of payments from the National Land Transport Fund, the MEC must be satisfied that each transport authority is carrying out its responsibilities in the respective areas of jurisdiction and that all necessary approvals as required by law have been given.

66. Regulations for the preparation, submission and updating of integrated transport plans and transport improvement programmes

(1) The MEC may by notice in the Gazette, lay down regulations, requirements or guidelines regarding-

  1. the preparation, adjustment, revision and submission of integrated transport plans and transport improvement programmes;
  2. the collection of data and information regarding the status quo of transport in each transport authority area;
  3. the periodic collection of data in the form of key performance indicators reflecting the progress of each transport authority in implementing national and provincial land transport policy;
  4. procedures for the preparation of integrated transport plans;
  5. the provision and regulation of the use of transport facilities;
  6. the co-ordination of land transport;
  7. any other matter referred to in this Act which in the opinion of the MEC is necessary or expedient for the effective carrying out of the provisions and objects of this Act.

(2) The MEC may make regulations regarding the conflict of integrated transport plans as well as the content and schedule for submission of integrated transport plans and transport improvement programmes for approval by the transport authority and the MEC.

(3) The MEC may make regulations specifying the process for public participation.

(4) The MEC may make regulations after consultation with the designated authorities and any municipality he deems necessary in respect of-

  1. any matter which shall or may be prescribed in terms of this Act;
  2. any other matter which in his opinion is necessary or expedient for the effective carrying out of the provisions and objects of this Act.

67. 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 shall specify policy and standards for the conveyance of special categories of passengers.

68. General matters

(1) In preparing, adjusting or revising an integrated transport plan, the relevant authority 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 passenger or freight transport or any other matter which in the opinion of the relevant transport authority is necessary or expedient for the effective carrying out of the provisions of this Act.

(2) Every transport authority shall include in relevant transport plans the responsibilities and functions of local authorities involved in the implementation of public transport improvement programmes and aid local authorities to implement the programmes.

[Note: These sections are to be completed by the province according to its policy.]



PART 11

PROVISION OF ROAD PUBLIC TRANSPORT SERVICES

69. Principles for planning public passenger transport services

(1) In preparing and updating a public passenger transport plan, a transport authority 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 must take cognisance of national and provincial policies and principles.

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

70. 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 72.

71. 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 passenger 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.

72. 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 an operator shall-

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

[Note: The functions of the Registrar will probably be expanded later to embrace other modes than taxis.]

(2) Municipal and State owned bus undertakings that do not comply with sub-section (1)(b) and (c) will qualify as service providers for commercial service contracts or subsidised service contracts, subject to sub-section (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 MEC by proclamation in the Gazette, after consultation with the Minister.

73. Nature of contracts

(1) A commercial service contract or a subsidised service contract shall make provision with respect to-

  1. the period for which it operates;
  2. the manner in which it may be terminated;
  3. the age and types of vehicles to be operated;
  4. standards of safety for passengers and the public;
  5. standards of vehicle maintenance;
  6. the periods of time during which services are to be operated;
  7. the frequency and extent of operation of services during any specified period of time;
  8. the fares structure;
  9. ticketing systems;
  10. the means by which revenue may be shared with other operators in respect of integrated ticketing systems; and
  11. any other matters required to be specified in such contracts by this Act or the regulations.

(2) A commercial service contract or a subsidised service contract may make provision with respect to-

  1. monetary or other penalties for failure to meet minimum standards specified;
  2. monetary or other incentives for exceeding minimum standards specified or exceeding targets for passengers carried over a defined period of time;
  3. sub-contracting to small, medium and micro-enterprises;
  4. periodic revisions to services to meet changes in demand;
  5. changes to the number and types of vehicles required to meet changes in demand; and
  6. any other matters as the parties think fit to include to further the objects of this Act.

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

PART 12

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

74. Concessions

The MEC may enter into a concessioning agreement with the Corporation or a provider of rail services, either of his or her own accord or at the request of a transport authority, subject to the conclusion of an acceptable agreement with the owner of the relevant rail infrastructure, if applicable, and with the owner of the relevant rolling stock, also where applicable.

ALTERNATIVE TO SECTION 74

74. Concessions

A transport authority may request the Corporation to 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 in accordance with regulations made by the MEC.

75. Guidelines on the concessioning process

(1) The MEC 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) in the Province.

76. Variation, suspension or cancellation of concessions

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

77. Regulations in respect of concessioning

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

PART 13

RAIL SAFETY AND SECURITY

78. Rail safety and security

Regarding safety and security of users and employees of rail services, any concessioning or other contracts relating to rail services shall comply with the provisions of the National Land Transport Act, 1997 (Act ... of 1997).

PART 14

PASSENGER CARRIER REGULATIONS

(NOT COVERED BY OTHER LEGISLATION)

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

79. Passenger safety regulations

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

  1. the rights and obligations of passengers, for example providing that-
    1. persons must 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 by 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 authorized 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 authorized 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; and
  3. complaints, for example that passenger complaints must be dealt with promptly and systematically by the operator or the transport authority or the Board.

PART 15

MEASURES TO SUPPORT SMALL, MEDIUM AND MICRO ENTERPRISES

80. 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.

81. 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 transport plan in respect of subsidised service contracts as remuneration to SMMEs.

82. Annual listing of SMMEs

The Department shall annually survey and compile a list of appropriate SMMEs and their addresses for submission to the MEC.

83. Regulations and audit

(1) The MEC shall by regulation establish minimum uniform criteria for passenger 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

84. Powers and duties of MECs

(1) The MEC may undertake or make grants to private persons or government institutions at any level of government in respect of-

  1. research and investigations relating to land transport in the Province;
  2. demonstration projects and other special investigations;
  3. facilitation of technology transfer and human resource development.

(2) The MEC may refer proposals for education and training programmes to the Minister for alignment with the national qualifications framework.

(3) The Minister shall be responsible for the co-ordination of standards and content of land transport education and training programmes.

(4) The powers of the MEC in this Part of this Act shall be limited to studies, investigations, research, technology transfer, education and training in the Province or directly related to land transport matters in the Province.

85. Research funding, administration and implementation

(1) The MEC may undertake or make grants to private persons or legal persona or government institutions at any level of government for research and development projects related to land transport in the Province.

(2) The MEC 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 under this subsection 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.

86. Demonstration projects and other special investigations

(1) The MEC may undertake projects and other special investigations and make grants to other government agencies and private persons or legal persona 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 MEC is empowered to request and receive such information or data as he or she deems appropriate from public or private sources.

87. Facilitation of technology transfer

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

88. Human resource development

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

  1. strategies to provide resources for the development of professional staff;
  2. strategies to provide resources for the development of technical and administrative staff, and
  3. strategies to empower informal or marginalised operators.

PART 17

GUIDELINES, NORMS, STANDARDS, INFORMATION REQUIREMENTS AND REGULATIONS FOR PROVINCIAL LAND TRANSPORT

89. Guidelines, norms, standards, information requirements and regulations for provincial land transport

(1) The MEC may make regulations pertaining to guidelines, norms standards and information requirements in respect of land transport in the Province, provided that-

  1. the regulations are within the powers conferred on the MEC by the Constitution;
  2. the norms and standards are in conformity with any norms and standards specified by the Minister in accordance with national transport policy.

(2) The MEC may make guidelines regarding-

  1. the preparation, revision, updating and implementation of 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 in the Province;
  4. the co-ordination of transport;
  5. norms and standard in land transport;
  6. requirements for transport information, statistics and key performance indicators;
  7. any other matter which in the opinion of the MEC is necessary or expedient for the effective carrying out of the provisions and objects of this Act.

(3) The MEC may make regulations regarding provincial requirements in respect of-

  1. energy efficiency standards;
  2. standards for engine emissions;
  3. public transport information and marketing;
  4. public hearings and public participation in transport planning and policy formulation;
  5. environmental impact studies;
  6. performance auditing of the progress of transport authorities in implementing land transport policy; and
  7. any other matter which in the opinion of the MEC 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

90. Environmental issues

(1) In carrying out his or her functions under this Act the MEC 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 a 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 passenger 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 73 of 1989) as well as other relevant laws at national, provincial and local level which have provisions affecting environmental issues in the Province.


PART 19

GENERAL PROVISIONS

91. 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.

92. Repeal of laws and savings

The following Acts are hereby repealed:

  1. the Road Transportation Act, 1977 (Act 74 of 1977);
  2. the Urban Transport Act, 1977 (Act 78 of 1977).

[Note: Each province will have to give attention to the details of the transition from the two abovementioned Acts to the new legislation in terms of personnel, finances, etc.]

93. Short title and commencement

(1) This Act shall be called the Provincial Land Transport Act, 1997, and shall come into effect on a date determined by the MEC 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 C