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NATIONAL LAND TRANSPORT TRANSITION AMENDMENT BILL. Briefing to National Council of Provinces 19 June 2001. BACKGROUND. NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 (ACT 22 OF 2000) : - Promulgated June 2000

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national land transport transition amendment bill

NATIONAL LAND TRANSPORT TRANSITION AMENDMENT BILL

Briefing to National Council of Provinces

19 June 2001

background
BACKGROUND

NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 (ACT 22 OF 2000) :

- Promulgated June 2000

- Brought into operation 1 December 2000 excluding certain parts such as the planning

Urgency to proceed - minibus-taxi processes

1 background to the amendments key issues
1. BACKGROUND TO THE AMENDMENTS:KEY ISSUES

- DEFINITIONS NEED TO BE REALIGNED

- PLANNING PROVISIONS OF THE ACT NOT

YET OPERATIONAL

Operating licences

Contracts

Conversions of permits

- ALLOW SUBSIDISED SERVICES TO BE CONCLUDED WITH OUT TRANSPORT PLANS

1 background to the amendments key issues1
1. BACKGROUND TO THE AMENDMENTS:KEY ISSUES

- EXTENSION OF INTERIM AND CURRENT TENDERED CONTRACTS

Implication of Golden Arrow court case

- OPERATING LICENCE BOARD

Lack of provincial legislation

Remuneration of board members

Quorum

- REGISTRATION

Permits or operating licence for registration

1 background to the amendments key issues2
1. BACKGROUND TO THE AMENDMENTS:KEY ISSUES

- DEFINITION OF BUS

- National Road Traffic Act, 1996

- TRANSITIONAL PROVISIONS

- Proceed with processes without plans

- CPTRs in terms Interim Act

- Minister and MECs determine dates for plans

- Transitional arrangements for provinces without OLB

2 proposed amendments
2. PROPOSED AMENDMENTS
  • 1. DEFINITIONS

- “contracting authority” and “current tendered contracts” in line with definition of “planning authority”

- “long distance service” to include rail

- “planning authority” amended due to Part 7 of Act not in operation

- “registered manufacturer” to align it with the National Road Traffic Act, 1996

2. CORRECT INCORRECT REFERENCES

2 proposed amendments1
2. PROPOSED AMENDMENTS
  • 3. SECTION 47(1)

- ensure no disruption of subsidised services

- proceed with new tendered contracts without plans

- allow for extension of interim and current tendered contracts

4. SECTION 49(3)

- allow for payment of parastatal and municipal operators on negotiated contracts

2 proposed amendments2
2. PROPOSED AMENDMENTS
  • 5. SECTION 77
    • MEC to provide for remuneration of members of OLB
    • 6. SECTION 78

- Add “Powers” to heading of section

- Enables OLB to issue temporary permits ito:

- RTA; or

- Provincial Legislation; or

- When provincial laws are not clear

2 proposed amendments3
2. PROPOSED AMENDMENTS
  • 6. SECTION 78 (continued)
    • Procedures of the board are addressed in –

the proposed subsection (6)

7. SECTION 112

- Registration of new members of taxi associations will include:

- holders of permits

- those who have applied for operating licences but not issued yet

2 proposed amendments4
2. PROPOSED AMENDMENTS
  • 8. SECTION 113

- Non-members holding permits can be registered

9. SECTION 130

- A printing error is corrected

10. SECTIONS 131 AND 132

- Definition of “bus” is repealed to keep it line with the Road Traffic Act and until the standards of homologation are amended in the Standards Act. This address the safety standards of the vehicles.

2 proposed amendments5
2. PROPOSED AMENDMENTS
  • 11. SECTION 134 (Transitional Provisions) -
    • Minimise disruption to activities of the due Part 7 (transport plans) not in operation – provide for continuity
    • CPTRs ito National Land Transport Interim Arrangements Act, 1998 to be acceptable
    • Minister and MECs provide different dates for different areas wrt preparation of

transport plans

- Transitional arrangements for Provinces which do not have OLBs in place

3 financial implications
3. FINANCIAL IMPLICATIONS
  • To clean up the Act and to provide for gaps between National and Provincial legislation
  • No additional burden place on any sphere of Government
  • If Act is not amended – Government will not be able to proceed with certain actions due to potential court interdicts
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