NATIONAL DEPARTMENT OF TRANSPORT

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NATIONAL DEPARTMENT OF TRANSPORT

• AMENDMENTS TO THE NLTTA
• To address the areas that hamper the effective
  implementation of the Act

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CONTENTS

• Background
• Main purposes of the amendments
• Proposed Amendments

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BACKGROUND

• The NLTTA came into operation on 1st Dec 2000
  (Part 7 1 June 2002)
• May 2003 Dept presented progress report on the
  status of implementation to the Portfolio
  Committee on Transport (PCT).
• PCT
• commissioned an independent study to assess
  progress made in implementation.
• conducted public hearings ( SALGA, SACO, SABOA,
  et.al made presentations.

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BACKGROUND (cont.)

• Key issues hampering implementation were
  identified.
• The Dept initiated co-ordinated a review
  process to address /amend the problematic areas.
• W/shops were held written submissions
  considered from stakeholders.
• Review framework developed.

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BACKGROUND (cont.)

• Sep 2002 Review process presented to LTCC, COTO
  and MINMEC.
• Issues divided into 4 priority areas.
• Priority 1 issues to be amended.
• Priority 2-4 to be part of the NLTA.
• Started the bill drafting process.

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MAIN PURPOSES OF AMENDMENTS

• To provide for additional definitions.
• To review (simplify) the transport planning
  regime.
• To make provision for the new taxi vehicle sizes
  in anticipation of the TRP.
• To extend certain time limits.
• To extend duties/ responsibility of a holder of
  an operating licence

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MAIN PURPOSE OF AMENDMENTS (Cont.)

• To extend the functions of the registrar, the
  Minister, the MECs, and the Operating Licence
  Board
• To regulate the meter taxi and tourist services
• To regulate the conveyance of passengers by LDVs,
  trucks, etc
• To effect textual corrections and other matters.

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PROPOSED AMENDMENTS PURPOSE
Section and Clause of the Act Purpose for the proposed amendment
Section 1 Purpose for the proposed amendment
Definition of an Association. To expand the definition of an association to include other modes as opposed to reference to taxis only
Definition of an adapted light delivery vehicle. To provide for a definition of ldvs with the addition of provisions allowing conveyance of people with modified ldvs, under special cases where the Minister and MECs make special provision.
Definition of municipal public transport. To provide contextual meaning and clarity on municipal public transport.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 5 Functions of the Minister
Section 5(2)(d) To expand the functions of the Minister so that the Minister also sets targets for transformation of the land based public transport sector, in the context of Black Economic Empowerment.
Section 5(5)g(i) To acknowledge the role that TETA must make in transport education, training and development.
Section 5(6) (i) to be added To expand the functions of the Minister to including setting of standards and specifications for sealed meters for metered taxis. The aim is to ensure that the metered taxi fare is determined in a fair manner.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 13 Transport Authorities
Section 13(4) Cross reference to all applicable to all local government legislation instead of only toone
Section 18 Transport Planning
Section 18 Cross reference to the appropriate section of the Development Facilitation Act
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 19 to 25 Transport Planning To revise the principles of transport planning (Part 7)
Section 20 To correct cross referencing
Section 21(1)(a) To provide clarity on the frequency and procedures to be followed in preparing the National Land Transport Strategic Framework.
Section 21(1)(b) to be added To provide clarity on the frequency and procedures to be followed in preparing the National Land Transport Strategic Framework.
Section 21(3)(n) to be added To provide clarity on the frequency and procedures to be followed in preparing the National Land Transport Strategic Framework.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 22(1)(a) To provide clarity on the frequency and procedures to be followed in preparing the Provincial Land Transport Framework.
Section 22(1)(b) to be added To provide clarity on the frequency and procedures to be followed in preparing the Provincial Land Transport Framework.
Section 22(1)(c) to be added To make a requirement that the PLTF must be informed by the NLTSF.
Section 22 (3)(q) to be added To ensure that a Travel Demand Management strategy is prepared by all provinces. To create a requirement that the issue of lift clubs be dealt with as part of the Travel Demand Management strategy.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 23 To be repealed
Section 24 To be repealed
Section 25 To be repealed
Section 26 To be repealed
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 27
Section 27(1) To provide clarity on the frequency and procedures to be followed in preparing the Integrated Transport Plan.
Section 28 To provide for PLTFs and rail components of ITPs to be submitted to the Minister
Section 29(2)(d)   To extend the time (from 30 to 90 days) required for the notification of the relevant planning authority prior to taking any action that may affect the quantity or availability of land transport. This will ensure that the planning authority is informed well in advance and to have sufficient time to analyse and respond on the issue.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 29(4) To extend the time (from 28 to 90 days) in which the relevant planning authority must respond regarding the application for change or intensification in land use or development. This will allow the planning authority sufficient time in which to thoroughly examine the application.
Section 31Types of vehicles which may be used for Public Transport
Section 31(1)(a) to (d) To redefine vehicle categories in line with the TRP.
Section 31(6) to be added To provide for special cases for the usage of LDVS in areas where no appropriate land based public transport is available.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 38 Disqualification with regard to holding an operating licences.
Section 38(f) to be added To prevent / prohibit examiners of testing centers from holding operating licences. This is aimed at preventing corruption.
Section 43 Duties of a holder of an operating licence or permit.
Section 43(c) to be added To force holders of operating licences to inform the board where the vehicle to which the operating licence relates, changes ownership by any means.
Section 43(d) to be added To prevent illegal operators who may first, acquire a vehicle, apply for an operating licence, and then operate illegally when refused an OL due to transport plan.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 47 Regulated competition / Subsidised services.
Section 47(3)(d) Section 47(3)(f) To extend the maximum contract period from 5 to seven years in order to support SMMEs and BEE. To be removed
Section 78 Duties of the board
Section 78(b) to be added To allow for joint meetings of OLBs to consider inter provincial applications.
Section 78(c) to be added To extend the functions of the Operating Licence Board to include registration of LDVs.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 89 To specify safe vehicle brakes
Section 90 To make provision for licencing replacing vehicles.
Section 91 Special conditions relating to metered taxi and staff services. To make provisions that cater for metered taxis.
Section 91(2)(a) to be added To prescribe the maximum number of passengers to be conveyed by a metered taxi.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 91(2)(b) to be added To prevent exploitation of users in terms of fair determination. To ensure that the fare is determined in a fair and unmanipulated manner.
Section 91(2)(c) to be added To expand the functions of the Minister to include setting specifications and standards for sealed meters for metered taxis.
Section 91(2)(d) to be added   To allow the Operating Licence Board to prescribe pick up points for passengers, routes and times of operations where necessary.
Section 91(2)(e) to be added To make provisions for the MEC to be able to determine a fare structure for metered taxis services where necessary.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 92A to be added Tourist services. To make provisions for tourist services operations.
Section 92A(a) to be added To force all tourist service operators to register with the accredited Tourism Authority. To prevent illegal tourist service operators.
Section 92A(b) to be added To prevent illegal tourist service operators.
Section 92A to be added Tourist services. To make provisions for tourist services operations.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 92A(c) to be added To prevent illegal tourist service operators. To comply with the Tourism legislation.
Section 92A(d) to be added To give a time-frame (deadline) in within which the Tourism Authority must make recommendations to the operating licence board.
Section 92A(e) to be added To restrict the use of tourist services to leisure purposes only.
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 92A(f) to be added To ensure that a registered Tour Guide accompanies the tourists.
Section 92A(g) to be added To make provision for the operating licence board to be able to prescribe the maximum number of passengers to be conveyed by tourist services where necessary.
Section 92A(h) to be added To create some means of ensuring that the over-saturation of the tourist services industry is prevented
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PROPOSED AMENDMENTS PURPOSE (Cont.)
Section and Clause of the Act Purpose for the proposed amendment
Section 127 Offences and penalties.
Section 127(r) to be added To provide conditions under which a penalty may be imposed for offences relating to illegal operation of LDVs.
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THANK YOU