LIBERALISING TRANSPORT SERVICES IN THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC)

1. LIBERALISING TRANSPORT SERVICES IN THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) 11-12TH September 2012

2. ROAD TRANSPORT - ADRESSING THE ISSUES • THE REGULATORY FRAMEWORK • THE PROTOCOLS • THE PROTOCOL ON TRANSPORT, COMMUNICATIONS AND METEOROLOGY (PTCM ) • THE INTER-STATE BILATERALS AND MOUs • TERMS AND APPLICATIONS • THE PERMIT SYSTEMS • LIBERALISATION OF MARKET ACCESS • CONTROL OF QUANTITY (SUPPLY) – “Protection of Markets” • CONTROL OF QUALITY STANDARDS - Safety, Vehicle Standards ,

3. THE REGULATORY FRAMEWORK FOR LIBERALISATION IN SADC

4. PTCM Chapter 3: Integrated Transport

5. PTCM Chapter 5: Road Transport

6. PTCM Chapter 6: Road Traffic

7. Aspects of Transport Liberalisation

8. PROTOCOLS, TREATIES, MOUs AND BILATERAL AGREEMENTS

9. HEADINGS AND CHAPTERS IN BILATERALS

12. CROSS-BORDER ROAD TRANSPORT PERMIT ZAMBIA

14. APPLICATION OF HIGH LEVEL PROTOCOLS AND AGREEMENTS

15. IDENTIFIED BARRIERS TO TRANSPORT EFFICIENCY • BORDER CONGESTION • DUPLICATE CROSS-BORDER PROCEDURES • CROSS-BORDER PAPER WORK AND INSPECTIONS • INADEQUATE FACILITIES AND STAFF AT BORDERS • REPEATED WEIGHINGS EN ROUTE • POLICE CONVOY ESCORT SYSTEMS • REPEATED POLICE STOPS • TRANSIT PERMIT CONDITIONS (ONLY INTERSTATE OPERATIONS) • CONTINUAL CHANGES AND ADDITIONAL REQUIREMENTS • IN SOME COUNTRIES LOCAL AUTHORITY REGULATIONS • PROHIBITION OF “THIRD COUNTRY” AND CABOTAGE • NEED TO PAY OFFICIALS “SIGNATURE FEES” • THE NEED FOR “AGENTS” AT ALL POINTS ON CORRIDORS • POOR COMMUNICATIONS ON SOME ROUTES • ARBITRARY APPLICATION OF REGULATIONS • LACK OF SERVICES ON MANY ROUTES • THEFT AND HARASSMENT BY LOCAL PEOPLE

16. Truck Queue at Beit Bridge – August 2009

17. AERIAL VIEW OF SOUTH AFRICAN SIDEOF BORDER AT BEIT BRIDGE

18. LONG HAUL VEHICLES AT NAMIBIAN BORDER POST MAMUNO

19. TYPICAL LONG DISTANCE CROSS-BORDER TRUCKS ON DAR-ES-SALAAM CORRIDOR IN ZAMBIA

20. BREAKDOWNS AND ACCIDENTS DUE TO ROAD CONDITIONS AND COSTS OF QUALITY CONTROL

21. THE STAGES OF INCREASING LIBERALISATION

22. OPTIONS FOR EFFECTIVE CONTROL OF ROAD TRANSPORT • AS SHOWN LOCALLY AND INTERNATIONALLY IT IS NOT PRACTICAL OR DESIRABLE TO TRY TO REGULATE QUANTITY (SUPPLY) OF ROAD TRANSPORT • THE INTERNATIONAL TREND IS TO ENHANCE QUALITY REGULATION USING THE BASIC PRICIPLES OF TRANSPORT REGULATION SO AS TO SET AND MAINTAIN STANDARDS BY OPERATOR REGISTRATION, GRADING AND ACCREDITATION TO ENCOURAGE HIGH LEVELS OF VOLUNTARY COMPLIANCE • NEED TO REVIEW ALL SYSTEMS AND ALIGN REVISED FRAMEWORK AND PROCESSES WITH THE PRINCIPLES OF EFFECTIVE REGULATION • REGULATORY PROCEDURES NEED EFFICIENT IT SYSTEMS SUPPORT • STANDARDISED SYSTEMS ENHANCE INTER-STATE COORDINATION, EQUITY AND COMPARISON • A PRACTICAL STANDARDISED APPROACH TO OPERATOR REGISTRATION AND LICENCING WILL PROMOTE LIBERALISATION

23. QUALITY REGULATION : THE ESSENTIAL ALTERNATIVE • THERE ARE PRINCIPLES OF TRANSPORT REGULATION THAT APPLY IN ALL MODES • IN ALL COUNTRIES THERE ARE ROAD TRANSPORT OPERATOR QUALITY CONTROLS • THE FUNDAMENTAL BASE FOR ALL TRANSPORT REGULATION IS THE “OPERATOR” • LICENCES TO OPERATE ARE ONLY ISSUED TO OPERATORS THAT MEET SPECIFIC CONDITIONS • COMESA INTER-STATE ROAD CARRIER LICENCE , SUMATRA ROAD SERVICE LICENCE, ETC, • FOLLOW THESE PRINCIPLES • ALL ASPECTS OF THE OPERATIONS MUST BE LINKED TO THE RESPONSIBLE OPERATOR • ALL OPERATORS ARE REGISTERED : BUT ONLY THOSE THAT MEET “A LEVEL” PRESCRIBED CONDITIONS MAY PERFORM CROSS- BORDER TRANSPORT • EFFECTIVELY, EACH COUNTRY WILL ONLY PERMIT QUALIFIED “A” LEVEL OPERATORS TO CROSS BORDERS THEREFORE NEIGHBOURING COUNTRIES CAN PERMIT THEM TO ENTER AND OPERATE. • QUALIFICATIONS INCLUDE FINANCIAL, VEHICLES, DRIVERS, COMPETENT PERSONS, MAINTENANCE RECORDS , OPERATING RETURNS, MONTHLY REPORTS ETC • “B” OR “C” GRADE OPERATORS THAT DO NOT WISH TO CROSS BORDERS , MAY HAVE LOWER CONDITIONS • COUNTRY RULES CAN STILL INCLUDE SOME PROHIBITIONS E.G. CABOTAGE

24. MULTILATERAL AGREEMENT  ON OPERATOR REGISTRATION, GRADING AND ACCREDITATION Article 1: General Principles Article 2: Definitions Article 3: Objectives Article 4 : REC Technical Committee and Secretariat Article 5: Operator Registration Article 6 – Terms for Registration of Operators 1. Schedule A – The Transport Operator Application (as prescribed). 2. Schedule B – Competent Person Application for Registration as “Nominated Competent person” (as prescribed). 3. Schedule C – Insurance Article 7 – Registration of Vehicles Article 8 – Registration of Professional Drivers Article 9. – Interstate Operations Article 10 – Record of Offences and Grading

25. TRADE IN SERVICES IN ROAD TRANSPORT • ROAD TRANSPORT FREIGHT • TRANSPORT OF PASSENGERS • ABNORMAL LOAD TRANSPORT • TRANSPORT OF DANGEROUS GOODS • ANCILLARY SERVICES • Manufacture of Vehicles and Equipment • Manufacture of Components • Maintenance of Vehicles and Equipment • Towing and Recovery • Supply of Vehicles and Equipment • Vehicle Rentals and Hire • Supply of Components and Spare Parts • Driver Training • Security Monitoring, Tracking and Reporting • Transport Management Education

26. REGISTERED, ACCREDITED AND GRADED OPERATORS

27. MAYBE GRADE D

28. BUS AND COACH TRANSPORT BOTH LOCAL AND LONG DISTANCE

29. Vehicle and Trailer Manufacturing

30. COMPONENT MANUFACTURING AND ASSEMBLY

31. AERIAL VIEW OF OSHIKANGO ON NAMIBIA – ANGOLA BORDER

32. ROAD CHARGES FOR ABNORMAL LOAD COMBINATIONS ARE A SOURCE OF CONTENTION

33. CRITICAL ASPECTS OF ROAD TRANSPORT LEGISLATION TO ACHIEVE EFFICIENT “REGULATED COMPETITION “ • OPERATOR REGISTRATION, GRADING AND ACCREDITATION • INTRODUCTION OF THE INTER-STATE CARRIERS LICENCE • DRIVER TRAINING FOR COMMERCIAL VEHICLES • STANDARDISATION OF LICENCING FORMATS • TRAINING EQUIPPING AND CONTROLLING TRAFFIC POLICE • STANDARDISING WEIGHBRIDGE PROCEDURES • HARMONISED VEHICLE DIMENSION AND PERFORMANCE STANDARDS • STANDARDISED VEHICLE INSPECTION PROCEDURES • HARMONISE 3RD PARTY INSURANCE AND ROAD CHARGES