National Land Transport Act 5 of 2009


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 526 Cape Town 8 April 2009 No. 32110
THE PRESIDENCY No. 413 8 April 2009
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 5 of 2009: National Land Transport Act, 2009.

2 No. 32110
Act No. 5, 2009
GOVERNMENT GAZETTE, 8 APRIL 2009
NATIONAL LAND TRANSPORT ACT, 2009
(English text signed by the President.) (Assented to 3 April 2009.)
ACT To provide further the process of transformation and restructuring the national land transport system initiated by the National Land Transport Transition Act, 2000 (Act No. 22 of 2000); and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:— CONTENTS OF ACT
Sections
GENERAL PROVISIONS
1. Definitions 2. Purpose and scope of Act 3. Application of Act in provinces 4. Principles for national land transport policy 10 5. Functions of Minister 6. Information systems 7. Delegations by Minister 8. Regulations by Minister 9. Functions of MECs 15
10. Regulations by MECs
CHAPTER 2
INSTITUTIONAL ARRANGEMENTS FOR LAND TRANSPORT
Institutional arrangements: general matters
11. Responsibilities of spheres of government 20 12. Intergovernmental relations
13. Impartiality
Institutional arrangements: planning authorities
14. Planning authorities 15. Intermodal planning committees 25 16. Land transport advisory boards
Institutional arrangements: Municipalities 17. Establishment of special division for and arrangement of administration of
certain municipalities 18. Regulatory functions of municipalities 30
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19. Adjacent municipalities
Institutional arrangements: National Public Transport Regulator
20. Establishment of Institutional arrangements National Public Transport Regu­ lator
21. Functions of National Public Transport Regulator 5 22. Powers of National Public Transport Regulator
Institutional arrangements: Provincial regulatory entities
23. Establishment of provincial regulatory entities 24. Functions of provincial regulatory entities 25. Powers of provincial regulatory entities 10 26. Agreements on regulatory matters
CHAPTER 3
FUNDING ARRANGEMENTS FOR LAND TRANSPORT
27. Municipal land transport funds 28. Public transport user charges 15 29. Minister may provide funds for land transport
30. MEC may provide funds for land transport
CHAPTER 4
TRANSPORT PLANNING 31. General principles for transport planning and its relationship with land use and 20
development planning 32. Types of plans required by this Act 33. General provisions on transport planning 34. National Land Transport Strategic Framework 35. Provincial land transport frameworks 25 36. Integrated transport plans 37. Freight transport 38. Publication of transport plans and substantial changes in land use and public
transport infrastructure and services 39. Rationalisation of public transport services 30
CHAPTER 5
CONTRACTING FOR PUBLIC TRANSPORT SERVICES
40. Integration of bus contract system into larger public transport system 41. First phase negotiated contracts 42. Subsidised service contracts 35 43. Commercial service contracts 44. Requirements to qualify as tenderer for commercial or subsidised service
contracts 45. Involvement of municipalities and transport authorities in public transport
services 40 46. Existing contracting arrangements
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Act No. 5, 2009 NATIONAL LAND TRANSPORT ACT, 2009
CHAPTER 6
REGULATION OF ROAD BASED PUBLIC TRANSPORT
Parti
Transitional provisions
47. Rationalisation of operating licences: general 5 48. Rationalisation of existing scheduled services
49. Rationalisation of operating licences: minibus taxi-type services
Part 2
General provisions
50. Regulation of road based public transport 10 51. Entities thai must issue operating licences 52. Maximum validity period of operating licences 53. Exemptions 54. Application for new operating licence 55. Operating licences for public transport services provided for in transport plans 15 56. Operating licences for contracted services 57. Disposing of applications with regard to operating licences for non-contracted
services 58. Renewal, amendment and transfer of operating licences 59. Publication of decisions 20 60. Special events 61. Major special events 62. Issue and contents of operating licences 63. Authority conveyed by operating licence 64. Persons who may hold operating licences 25 65. Long distance services 66. Metered taxi services 67. Charter services 68. Staff services 69. Lift clubs 30 70. Tuk-tuks 71. Adapted light delivery vehicles 72. Transporting of scholars, students, teachers and lecturers 73. Amendment of operating licence to replace specified vehicle 74. Temporary replacement of vehicles 35 75. Interaction between public transport and cross-border road transport 76. Duties of holder of an operating licence 77. No cession, alienation or hiring out of an operating licence 78. Cancellation of operating licences not in use 79. Withdrawal, suspension or amendment of operating licence or permit 40
Part 3
Regulation of tourist transport services
80. Tourist transport services: general provisions 81. Accreditation of operators of tourist transport services 82. Application for accreditation 45 83. Cancellation of accreditation 84. Use of vehicles for tourist transport services
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CHAPTER 7
LAW ENFORCEMENT
85. Land transport law enforcement 86. Appointment of inspectors 87. Impoundment of vehicles 5 88. Presumptions and proof of certain facts 89. Powers of authorised officers 90. Offences and penalties
91. Extraordinary measures in declared areas
CHAPTER 8 10
APPEALS
92. Appeals to the Transport Appeal Tribunal
CHAPTER 9
TRANSITIONAL AND FINAL MATTERS
93. Transitional provisions 15 94. Laws repealed or amended 95. Act binds the State
96. Short title and commencement
SCHEDULE
CHAPTER 1 20
GENERAL PROVISIONS
Definitions 1. (1) In this Act, unless the context indicates otherwise—
"adapted light delivery vehicle" means a vehicle that has been designed or modified by a registered manufacturer to carry persons in accordance with the 25 National Road Traffic Act; "authorised officer" means— (a) an inspector contemplated in section 86; (b) a member of the South African Police Service, including a member of a
municipal police service as defined in section 1 of the South African Police 30 Service Act, 1995 (Act No. 68 of 1995);
(c) a person in the service of a provincial department or a municipality, or the Road Traffic Management Corporation established by the Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999), whose duty is to control traffic or to inspect motor vehicles or licences for motor vehicles; 35
(d) a road transport inspector contemplated in section 37 of the Cross-Border Act; "bus" means a motor vehicle designed or modified to carry more than 35 persons, including the driver; "charter service" means a public transport service operated by road involving the hire of a vehicle and a driver for a journey at a charge arranged beforehand with the 40 operator, where— (a) neither the operator nor the driver charges the passengers individual fares; (b) the person hiring the service has the right to decide the route, date and time of
travel; and (c) the passengers are conveyed to a common destination, 45 and includes vehicles hired with drivers contemplated in section 67; "commercial service contract" means an agreement concluded between a contracting authority and an operator in terms of section 43, and in terms of which the operator—
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(a) is to operate a public transport service provided for in an integrated transport plan; and
(b) does not receive any subsidy or other financial support from any organ of state except, where applicable, a subsidy in respect of concessionary fares;
"commuting" means travelling daily between home and work by means of a 5 public transport service, and "commuter" has a corresponding meaning; "concessionary fare" means the fare paid by a passenger falling within a special category; "Constitution" means the Constitution of the Republic of South Africa, 1996; "contract" means a subsidised service contract, negotiated contract or commer- 10 cial service contract; "contracting authority" means— (a) the Department; (b) a province, subject to section 11(6); and (c) a municipality, subject to section 11(2) and (5); 15 "courtesy service" means a service provided by or on behalf of an organisation such as an hotel, which is not an operator, for its customers or clients, either by means of its own vehicle or the vehicle of an operator in terms of an agreement with that organisation, with no direct charge to the passengers; "Cross-Border Act" means the Cross-Border Road Transport Act, 1998 (Act No. 20 4 of 1998); "cross-border road transport" means cross-border road transport as defined in section 1 of the Cross-Border Act; "Department" means the national Department of Transport; "designed or modified" means designed or lawfully adapted by a registered 25 manufacturer in compliance with the National Road Traffic Act; "eNaTIS" means the electronic National Traffic Information System controlled by the Department, or any similar replacing system; "framework" means an outline for the structure within and the form according to which a plan, policy or strategy is determined and developed; 30 "Gazette" means the national Government Gazette; "holder" means the holder of an operating licence or permit; "infrastructure", in relation to land transport, means fixed capital equipment and facilities in the land transport system; "inspector" means an inspector appointed under section 86; 35 "integrated development plan" means the integrated development plan which, in terms of Chapter 5 of the Systems Act, must be prepared by a municipality; "integrated public transport network" means a system in a particular area that integrates public transport services between modes, with through-ticketing and other appropriate mechanisms to provide users of the system with the optimal 40 solutions to be able to travel from their origins to destinations in a seamless manner; "integrated transport plan" means an integrated transport plan contemplated in section 36; "interprovincial service" means a public transport service operating between two 45 or more provinces; "intraprovincial service" means a public transport service operating within the boundaries of a province; "land transport" means the movement of persons and goods on or across land by means of any conveyance and through the use of any infrastructure and facilities in 50 connection therewith; "lift club" means an arrangement whereby every member of the club has a turn to convey or cause to be conveyed by means of a motor car the other members of such a club or other person designated by such members to or from specified places for a specified purpose as contemplated in section 69, and subject to that section; 55 "long-distance service" means a scheduled or unscheduled public transport service, other than a service for commuting, that is provided beyond the boundary
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of the area covered by an integrated transport plan, where passengers are charged fares individually, as contemplated in section 65; "major special event" means an event such as, but not limited to, the FIFA 2010 World Cup, and includes the periods before and after that event necessary to conduct and finalise the necessary land transport arrangements; 5 "MEC" means the Member of the Executive Council of a province who is responsible for public transport in that province; "metered taxi service" means a public transport service operated by means of a motor vehicle contemplated in section 66 which— (a) is available for hire by hailing while roaming, by telephone or otherwise; 10 (b) may stand for hire at a rank; and (c) is equipped with a sealed meter, in good working order, for the purpose of
determining the fare payable, that is calibrated for such fare or complies with any other requirements applicable to such meters;
"midibus" means a motor vehicle designed or modified solely or principally for 15 conveying more than 16 but not more than 35 persons, including the driver, and for the purposes of the National Road Traffic Act is a type of sub-category of bus; "minibus" means a motor vehicle designed or modified solely or principally for conveying more than nine but not more than 16 seated persons, including the driver; 20 "minibus taxi-type service" means an unscheduled public transport service operated on a specific route or routes, or where applicable, within a particular area, by means of a motor car, minibus or midibus; "Minister" means the Minister responsible for transport in the national sphere of government; 25 "motor car" means a motor vehicle, other than a motor cycle, motor tricycle or motor quadrucycle as defined in the National Road Traffic Act, designed or modified solely or principally for conveying not more than nine persons, including the driver; "motor vehicle" and "vehicle" means a motor vehicle as defined in section 1 of 30 the National Road Traffic Act; "municipal entity" means a municipal entity as defined in section 1 of the Systems Act; "Municipal Finance Management Act" means the Municipal Finance Manage­ ment Act, 2003 (Act No. 56 of 2003); 35 "Municipal Land Transport Fund" means a municipal land transport fund established in terms of section 27; "municipality" includes all types of municipalities contemplated in section 155 of the Constitution; "municipal operator" means a municipality or municipal entity which operates a 40 public transport service; "municipal public transport" means public transport contemplated in section 11(1 Xc) and any other function assigned to the municipality under section 11(2) or (3); "National Land Transport Strategic Framework" means the National Land 45 Transport Strategic Framework contemplated in section 34; "National Public Transport Regulator" means the National Public Transport Regulator contemplated in section 20; "National Road Traffic Act" means the National Road Traffic Act, 1996 (Act No. 93 of 1996), and includes regulations made under that Act; 50 "negotiated contract" means a contract contemplated in section 41(1); "non-contracted service" means a public transport service other than one operated in terms of a commercial service contract, subsidised service contract or negotiated contract; "operating licence" means a licence required by section 50 and granted and 55 issued in accordance with this Act or the Transition Act; "operator" means a person carrying on the business of operating a public transport service; "organ of state" means an organ of state as defined in section 239 of the Constitution; 60 "permit" means a public road carrier permit issued in terms of the Road Transportation Act, 1977 (Act No. 74 of 1977), or another law predating the Transition Act and recognised as valid by the Transition Act, and which is in force
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and has not yet been converted to an operating licence on the date of commencement of this Act; "persons with disabilities" means all persons whose mobility is restricted by temporary or permanent physical or mental disability, and includes the very young, the blind or partially-sighted and the deaf or hard of hearing; 5 "planning authority" means a municipality in relation to its planning functions; "prescribed" means prescribed by regulation by the Minister, unless otherwise indicated or unless the Minister has delegated to the MEC the power to make the regulation in question by notice in the Gazette; "provincial department" means the department within the administration of a 10 province that is charged with public transport matters; "Provincial Land Transport Framework" means a provincial land transport framework contemplated in section 35; "provincial law" includes a provincial act or regulations made by the MEC under this Act; 15 "Provincial Regulatory Entity" means a provincial regulatory entity contem­ plated in section 23; "Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. 1 of 1999); "public transport"— 20 (i) in relation to the national sphere of government, means the functions
mentioned in section l l ( l ) (a ) ; (ii) in relation to the provincial sphere of government, means the functions
mentioned in section 1 \(\)(b), and any other function assigned to the province under section 11(2); 25
"public transport service" means a scheduled or unscheduled service for the carriage of passengers by road or rail, whether subject to a contract or not, and where the service is provided for a fare or any other consideration or reward, including cabotage in respect of passenger transport as defined in the Cross-Border Act, and except where clearly inappropriate, the term "public transport" must be 30 interpreted accordingly; "rail service" means a public transport service operated on a rail track or any rail guiding mechanism, and includes light and heavy rail; "registered manufacturer" means a manufacturer, importer or builder of motor vehicles registered under section 5 of the National Road Traffic Act; 35 "regulatory entity" means the National Public Transport Regulator, a Provincial Regulatory Entity, or a municipality to which the operating licence function has been assigned; "roadworthy certificate" means a certificate certifying the roadworthiness of a motor vehicle in accordance with the requirements of the National Road Traffic 40 Act; "scheduled service" means a public transport service operated by road on a particular route or routes in accordance with a timetable; "service" means a public transport service; "South African Rail Commuter Corporation" means the South African Rail 45 Commuter Corporation established in terms of section 23 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989); "special categories of passengers" means persons with disabilities, the aged, pregnant women and those who are limited in their movements by children; "special event" means a one-off cultural, religious, sporting or recreational event, 50 or any entertainment, conference, exhibition or show; "staff service" means a public transport service by road provided by means of a vehicle owned by an employer or a vehicle provided by an operator in terms of a contract with the employer, used exclusively for conveying the employer's employees; 55 "Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
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"subsidised", in relation to services, means a situation where passengers are provided with financial assistance to be able to afford services that they could not otherwise afford or where services are subsidised for other reasons, for example to encourage public transport usage, relieve traffic congestion, or to support land use and transport integration; 5 "subsidised service contract" means an agreement between a contracting authority and an operator to operate a service provided for in an integrated transport plan and in terms of which the operator receives direct or indirect financial support in terms of a tendered contract; "Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 10 No. 32 of 2000); "this Act" includes any regulation made in terms of this Act; "timetable" means a published document informing passengers of headways (intervals between departures or the passing of vehicles), or times when and places where public transport services are available, indicating at least origin and 15 destination points and significant intermediate locations along the route; "tourist transport service" means a scheduled, unscheduled or chartered public transport service by road for the carriage of tourists to or from tourist attractions according to a predetermined itinerary, and includes transfers of tourists, for example from hotels to and from airports; 20 "transfer", in relation to an operating licence, means a transfer from the holder of the operating licence to another person; "Transition Act" means the National Land Transport Transition Act, 2000 (Act No. 22 of 2000); "Transport Appeal Tribunal" means the Transport Appeal Tribunal established 25 by section 3 of the Transport Appeal Tribunal Act, 1998 (Act No. 39 of 1998); "transport plan" includes the National Land Transport Strategic Framework, the Provincial Land Transport Framework and an Integrated Transport Plan; "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 30 vehicles, among others, through increasing vehicle occupancy, developing priority measures for public transport, encouraging travel during off-peak periods, shifting demand between modes, restricting the space available for parking, adjusting the price of parking, and other appropriate measures; "tuk-tuk" means a three-wheeled motor vehicle designed or modified solely or 35 principally for conveying not more than three seated persons, including the driver; and "unscheduled service" means a public transport service operated by road on a particular route or routes, or, where applicable, within a particular area, without a timetable. 40
Purpose and scope of Act
2. The purpose of this Act is— (a) to further the process of transformation and restructuring the national land
transport system initiated by the Transition Act; (b) to give effect to national policy; 45 (c) to prescribe national principles, requirements, guidelines, frameworks and
national norms and standards that must be applied uniformly in the provinces and other matters contemplated in section 146 (2) of the Constitution; and
(d) to consolidate land transport functions and locate them in the appropriate sphere of government. 50
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Application of Act
3. The provisions of this Act apply throughout the Republic of South Africa.
Principles for national land transport policy
4. The Minister must prescribe principles that apply to the determination, formulation, development and application of land transport policy in the Republic. 5
Functions of Minister
5. (1) The Minister may, after consulting the MECs, publish national land transport policy, which may include target dates for the transformation of the land-based public transport sector.
(2) The Minister must monitor all provincial land transport policies and frameworks 10 and all transport planning required or envisaged by this Act, to see that it is developed, prepared and formulated within the ambit of the national transport policy, and take appropriate action where necessary to promote compliance, subject to the Constitution and the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005).
(3) Subject to the Cross-Border Act, the Minister is responsible for land transport 15 arrangements with other countries regarding transport between the Republic and those countries, in collaboration with the Minister of Foreign Affairs.
(4) The Minister must— (a) monitor the implementation of national land transport policy and any
investigations conducted into matters arising from its implementation, and 20 cause the necessary adjustments, if any, to be made to that policy;
(b) facilitate the increased use of public transport; (c) ensure that the money available for land transport matters is applied in an
efficient, economic, equitable and transparent manner; (d) assist provincial departments that lack the necessary staff or resources in 25
meeting their responsibilities and performing their functions and duties with regard to land transport;
(e) co-ordinate between the three spheres of government and public entities with a view to avoiding duplication of effort and resources;
(f) give guidance concerning education, training and capacity building in 30 connection with land transport matters, and prescribe requirements in this regard, subject to the relevant legislation on education and training;
(g) in taking any measures relating to public transport— (i) accommodate therein relevant national and international benchmarks
and best practice; 35 (ii) promote, within overall land transport objectives, the safety of passen­
gers; (iii) encourage efficiency and entrepreneurial behaviour on the part of
operators and encourage them to tender competitively for contracts and concessions; 40
(iv) promote a strategic and integrated approach to the provision of public transport;
(v) promote the efficient use of energy resources, and limit adverse environmental impacts in relation to land transport;
(h) promote public transport that— 45
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(i) is effective in satisfying user needs; (ii) operates efficiently as regards the use of resources;
(iii) is of an acceptable standard and readily accessible and is operated in conjunction with effective infrastructure provided at reasonable cost;
(iv) is safe; 5 (i) ensure the integration of public transport modes, giving due consideration to
the needs of users; and (j) promote effective integrated transport planning.
(5) The Minister may, after consultation with the MECs, by notice in the Gazette, set standards for interoperability between fare collection and ticketing systems. 10
(6) When a province or municipality cannot or does not fulfil an executive obligation in terms of matters relating to public transport, the Minister may intervene by taking the appropriate steps to ensure the fulfilment of that obligations, including issuing a directive to the provincial executive or municipal council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations and 15 the provincial executive or municipality must comply with such directive.
Information systems
6. (1) The Minister must establish and maintain a national information system with regard to land transport and, in collaboration with the provinces, integrate that system with the information systems kept by provinces. 20
(2) Every MEC and municipality must provide the Minister, in the manner and at the times prescribed by the Minister, with the prescribed information with regard to—•
(a) the objects and purposes of this Act; (b) the national land transport policy; and (c) the utilisation of monies made available to them by the Department, whether 25
directly or indirectly, for the performance of their functions with regard to land transport in terms of this Act.
(3) Despite subsection (2), the Minister may, at any time by notice in writing, request the MEC or municipality to provide the Minister with any information which the Minister may require. 30
(4) The Minister must have all the information that was provided in terms of subsections (2) and (3) included in the national information system, and may make it available to interested parties on payment of the prescribed fee, if any, subject to the provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).
(5) As part of the national information system, the Minister must, in the prescribed 35 manner, establish and maintain an Operating Licence Administrative System containing the prescribed information, which must be accessible to and maintained by regulatory entities.
(6) The Operating Licence Administrative System contemplated in subsection (5) must incorporate information in the existing Operating Licence Administrative System, 40 the former Registration Administration System and the Subsidy Management System, and such system and eNATIS must be interoperable.
Delegations by Minister
7. (1) The Minister may delegate to any officer in the Department any power or assign any duty conferred or imposed upon the Minister in terms of this Act, except the power 45 to make regulations and the power to issue directives under section 5(6).
(2) Any delegation of a power or assignment of duty under subsection (1)— (a) does not prevent the Minister from exercising that power or performing that
duty; (b) must be done in writing; and 50 (c) may at any time be amended or withdrawn.
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Regulations by Minister
8. (1) The Minister may, after consultation with the MECs, make regulations relating t o ­
la) any matter which may or must be prescribed by way of a regulation under this
(b) requirements for integrated fare systems, comprising fare structures, levels and technology, to ensure compatibility between such systems;
(c) national norms and standards relating to the qualifications and conduct of inspectors;
(d) a process to be followed for offering alternative services in the place of 10 existing services to holders of operating licences or permits under section 39;
(e) the types of vehicles that may or may not be used for public transport services and standards or specifications for vehicles, subject to the National Road Traffic Act;
(f) procedures for the regulation of interprovincial transport; 15 (g) standard forms for responses of planning authorities under section 55; (h) colour coding and branding of vehicles used for public transport; (i) special requirements for drivers of vehicles used for public transport
including, but not limited to, testing for knowledge of the area in question; (j) policy and principles to be applied in paying subsidies; 20 (k) electronic fare collection and ticketing systems and the control of such
systems by the provinces or municipalities either alone or in partnership with operators;
(I) information systems to be kept by the National Public Transport Regulator, each Provincial Regulatory Entity and planning authorities relating to this Act 25 and information to be supplied to the national information system contem­ plated in section 6 from these systems, including the time within which it must be submitted;
(m) information to be kept by operators and supplied to authorities contemplated in this Act, including the time within which it must be submitted; 30
(n) meetings of the National Provincial Transport Regulator, Public Regulatory Entities and municipalities to which the operating licensing function contemplated in section 1 l(l)(a)(\m) n a s n e e n assigned;
(o) procedures at those meetings, quorums and the keeping of records; (p) functions and duties of the National Public Transport Regulator and 35
municipalities in addition to those specified in this Act; (q) principles for transport planning; (r) the content of transport plans; (s) procedures for the preparation, updating and approval of transport plans; (t) procedures to be followed in promoting public participation in the transport 40
planning process; (u) requirements and procedures for negotiated contracts and their conversion to
tendered contracts; (v) amounts to be paid as a deposit to the Department or other entity to cover
possible fines or penalties should the operator fail to comply with this Act or 45 other prescribed requirements;
(w) information that must be supplied to the National Public Transport Regulator by tourist transport operators applying for accreditation under section 82;
Act; 5
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(x) required signage, vehicle identification or livery for vehicles used for tourist transport services;
(y) requirements and time-frames for vehicles and facilities to be made accessible to persons with disabilities, including principles for accommodating such persons in the public transport system; 5
(z) the time within which an offer made under section 46 must be made or accepted, and the manner in which the procedures and negotiations contemplated in that section must be conducted;
(aa) the period within which application for renewal of existing operating licences must be submitted, and such regulations may provide that such operating 10 licences will remain valid when the application for renewal is being processed;
(bb) requirements regarding liability insurance cover to be taken out by operators to supplement the cover provided in terms of the Road Accident Fund Act, 1996 (Act No. 56 of 1996); and 15
(cc) generally any other ancillary or incidental administrative or procedural matters that are necessary to prescribe for the proper implementation or administration of this Act.
(2) Before making any regulations contemplated in subsection (1), the Minister must publish a draft of such regulations for public comment in the Gazette, and must consider 20 any comments received in response to such publication.
(3) The regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence, and liable on conviction to a fine or to imprisonment not exceeding three months.
(4) A regulation made in terms of the Transition Act and in force immediately before 25 the commencement of this Act with regard to matters in relation to which the Minister, in terms of subsection (1), is competent to make regulations, is regarded for the purposes of this Act as a regulation made under that subsection until superseded by a new regulation under this section.
Functions of MECs 30
9. (1) An MEC may, after consulting planning authorities in the province, publish provincial land transport policy.
(2) An MEC m u s t - fa) monitor the implementation of provincial land transport policy and any
investigations conducted into matters arising from the implementation, and 35 cause the necessary adjustments, if any, to be made to that policy;
(b) ensure that the money available for land transport matters is applied in an efficient, economic, equitable and transparent manner;
(c) assist municipalities that lack the necessary staff or resources in meeting their responsibilities and performing their functions and duties with regard to land 40 transport;
(d) produce an annual report on the state of transport affairs in the province in the prescribed manner and submit it to the Minister in the prescribed time;
(e) improve the planning, co-ordination and facilitation of the land transport functions of the province; 45
(f) promote intergovernmental relations within the land transport environment; (g) ensure that there is a link with matters having an impact on transport in the
province, including land use management, environmental issues, population growth, economic development and investment in infrastructure, to facilitate integration and efficient transport; 50
(h) set standards, performance criteria and related indicators to ensure intermodal and intramodal co-ordination and efficient management of investment in transport and of transport infrastructure and systems;
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