National Land Transport Transition Amendment Act

Link to law: http://www.gov.za/documents/national-land-transport-transition-amendment-act
Published: 2007-03-28

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National Land Transport Transition Amendment Act 26 of 2006


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 501 Cape Town 28 March 2007 No. 29753
THE PRESIDENCY No. 276 28 March 2007
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 26 of 2006: National Land Transport Transition Amendment Act, 2006.

2 No 29753 CI0VERNMF.V G A I . E l X , 28 MARCH 2001
Art No. 26. 2006 NATIOKAL LAND TRANSPORT TRANSITION AMENDMENT ACT, 2000
GENERAL EXPLANATORY NOTE:
r ] Words in hold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
(English en signed by rhe Presirienr.) (hsenwd m 25 March 2007.)
ACT To amend the National Land Transport Wansition Act, 2000, so as tu define expressions and to amend certain definitions; to extend the information that may be included in the notice containing the national land transport policy; to provide anew for the co-ordination of the planning process of provincial planning authorities; to reduce the number of plans required by the Act; to empower the Minister to designate the planning authorities that must supply transport plans tn the relevant provincial board; to provide anew for the preparation of a national land transport strategic framework and provincial lnnd transport strategic frameworks; to repeal provisions in respect of curmnt public transport records, operating licence strategies, rationalisation plans and public transport plans; to provide anew for the preparation of integrated transport plans; to extend certain time limits; to pmvide anew for the type of vehiclw that may be used for public transport services: to extend the disqualifications for the holding of operating licences; to extend the duties of helders of operating licences or permits; to provide anew for the amendment of operating licences, to empower the Minister to set standards for scaled meters for metered taxis and to empower MECs to determine fare structures for metered taxi services; to provide anew for the temporary replacement of specified vehicles; to c r a t e new tiffences; and to effect textual corrections and to repeal absolete provisions; and tu provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa, as B foiiows:- Amendment of section 1 of Act 22 of 2000
1. Section 1 of the National Land Transport Transition Acl, 1ooO (hereinafter referred
(a) the substitution Cor the definition of “ I u ” of the following definition: to the principal Acl), is herehy amended hy- 5
“bus” means a motor vehicle desipnedI,] or [lawfully adapted, by a r e~s t e r ed manufacturer in compliance with the Road Traffic Act, 1989 (Act No. 29 of 1989), tn carry] modified for lhe conveyance of more than 1351 2 persons, [excluding] Including the driver, subject to 10 section 31.
4 No. 29753 GOVERNMENt GAZETTE, 28 MAKCfI2007
Act No. 26,2006 NATIONAL I A N D TRANSPORT TRANSITION A.MENDh4ENT ACT, 2006
(b) the substitution for the definition of “contracting authority” of the following definition:
‘‘ ‘contracting authority’ means the Department, any provincial department, transport authority[,] municipality [or any core city,] bound tci a contract or concession agreement concluded with a pul ik trnnsporl operator;”;
“midibus” means a motor vehicle designed[, or lawfully adapted by a registered manufacturer in compliance with the Road Traffic Act, 1989 (Act No. 29 of 1989), to carry from 19 to 35 seated] or modified 10 solely or principally for the cmvevance of more than 16 but less than 35 persons, [excluding] including the driver and for the purposes of h e National Road Traffic Act, 19% (Act No. 93 of 1996). is a suh-category of a bus;”;
“minibus” means a motor vehicle designed[,] or [Inwfully adapted by a meistemd manufacturer in comnlianee with the Rcmd Traffic Act,
5
(c) the substitution for the definition of “midibus” of the following definition:
(d) the substitution for the definition of “minilms” of the following definition: 15
“ ‘motor car’ means a molor vehicle, other than a motor cycle, motor tricycle or motor quadrucycleas defined in t h e w R o a d T r a f f i c Act, 11989 (Act No. 29 of 1989)] 1996 (Act No. 93 of 19961, designed or [lawfully ndapted by a registered mnnufacturer to corry not mom 25 than eight] modified solely or principally for the conveyance of not more than nine persons, [excluding] including the driver;”;
the insertion after the definition of “municipality” of the following definition: ‘‘ ‘municipal public transport service’ means any public transport service that is rendered for a consideration wilhin the area of a plnnnine 30
(fl
authority;"; (g) the insertion after the definition or “registered” of the following definition:
‘ I ‘registered builder’ means a builder registered under section 5 of the National Road Traffic Act, 1996 (Act No. 93 of 19%);”;
( h ) the insertion arter the definition of “unregistered constituLion” of the 35 following definition:
“ ‘registered importer’ means an imqorter registered under section 5 of the National Road Traffic Acl. 1996 (Act No. 93 of 1996);”; and
(i) the substitution for the definition of “registered manufacturer” of the following definition: 40
“registered manufacturer” means a manufacturer[, importer or builder of motor vehicles] registered under section 5 of he National Road Tr&c Act, 1996 (Act No. 93 of 1996)”.
4 No.29753 GOVERNMENT GALETIE, 28 MARCH 2007
Act No. 26, 2006 NATIONAL. LAND TRANSPORT TRANSITION AMENDMENT ACT. 2006
Amendment of section 5 of Act 22 of 2000
2. Section 5 of the principal Act is hereby amended by- ( a ) the deletion in subsection (2) of the word “and” at the end of paragraph ib),
the addition of the word “and” to paragraph (c ) and the addtion to that
“ (d ) target dates for the transformation of the land-basedpublic transmrt
(b) the substitution in subsection (S)[g) for subparagaph (i) of the following subparagraph:
“(i) may do so only in consultation with the Minister of Education and 10 the Minister of Labour with a view to ensuring that education and training in subjects or training courses relating to land transport, are directed towards complying with the National Qualifications Framework defined in section 1 of the South African Qualifications
subsection of the following paragraph: 5
sector.”; and -
Authority Act, 1995 (Act No. S8 of 1995), and with the Skills 15 Development Act, 1998 (Act No. 97 of 1998);”.
Amendment of section 6 of Act 22 of ZOO0
3. Section 6 of the principal Act is hereby amended hy- (a) the substitution in subsection (2)ja) for the words preceding subparagraph (i)
“Every MEC, every transport authority[, every core city] and every municipality must provide the Mmister, in the manner and at the times as prescribed by the Minister, with the information so prescribed ahout their actions or position with regard to matters so prescrihed that are relevant t-”; 25
(b) the substitution for subsection (3) of the following subsection:
of the following words: 20
“(3) Despite subsection (2). the Minister may at any time by notice in writing require a particular transport authority[, core city] or municipal- ity to provide the Minister with any information about its actions or position with regard to any non-prescrihed matter of the nature 30 mentioned in suhparagraph (i), (ii) or (iii) of subsection (2) (a) .” ;
ic) the substitution for subsection ( 5 ) of the following subsection: “(5) The information required for purposes of paragraph / a ) of
subsection (2) may be prescrihed only afler consultation with the MECs, all transport authorities [and core cities,] and organised local govern- 35 ment.”; and
id) the substitution for subsection (8) of the following subsection: “(8) Where a province, transport authority[, core city] or municipality
fails to provide any infornution in compliance with [subsections] subsection (2) or (3), the Minister m y withhold any payment to that 40 province, transport authority[, core city] or municipality, until it has provided the information.”
Amendment of section 9 of Act 22 of 2000
4. Section 9 of the principal Act is hereby amended by the substitution in subsection
“Every MEC must, by notice in the Provincial Gazette, fmm time to time and after consultation with transport authorities [and core cities] in the province and the relevant provincial organisation contemplated in section 2( 1)fb) of the Organised Local Government Act, 1997 (Act No. 52 of 1997). publish provincial land transpn policy, including, but not limited to-”.
(2) for the words preceding paragraph ( a ) of the following words: 45
50 . .~
GOVERNMEhT F A Z F , T E 28 MARCH 2007 R No. 29753
Act No. 26,2006 NATIONAL I..AND TRANSPCRT TRANSI1‘ION AMENDMENT A C T ZOO(,
Amendment of section 13 of Act 22 of 2 0 0
5. Section 13 of the principal Act is hereby amended by the substitution for subsection
“(4) A transport authority, in awarding contracts for goods and services. must apply a system which is fair, equitable. transparent, competitive and cost-effective, and which is in accordance with the Preferential Procurement Policy Friunework Act, 2000 (Act No. 141 5 of ZOOO), and [relevant provisions of the Local Government Wansition Act, 1993 (Act No. 209 of 1993), which will apply with the changes required hy the context] any relevant local government laws.”.
(4) of the following subsection:
5
Amendment of section 18 of Act 22 of 2 0 0 10
6. Section 18 of the principal Act is herehy amended by- (a) the substitution in subsection (1) for paragraphs iaJ and f b ) of the following
paragraphs, respectively: “(a) where the relevant planning authority is a municipality contem-
plated in section 2O(l)ic), the plans mentioned in [paragraph (c) 15 to (g) of subsection (1) ofl section 1 9 m must form the transport component of the integrated development plan of the municipality;
(bJ where the jurisdictional area of a municipality falls wholly orparlly in a transport area [or MTAI, the plans mentioned in [paragraphs ( E ) to (n) of that subsection] section l9(1)(& constitute the 20 transport component of the inlegrated development plans of such municipality in respect of that pan of its jurisdictional areas that falls within the transport area [or MTA].”; and
(h) the substitution for subsection (6 ) of the following subsection: “(6) The MEC must ensure the co-ordmation of the planning 25
processes oi all planning authorities under lhe jurisdiction of the province [and, in so doing, must ensure that all plans addms- (a) public transport services operating across the boundaries of the
areas of planning authorities; (b) road and rail networks 30 (e) freight movements, (d) the needs of special cntegories of passengers; (e) rivalry hetween neighhouring planning authorities that may
result in the duplication or over-supply of transport facilities
the integration of transport and Lend use planning within the context of the Development Facilitation Act, 1995 (Act No. 67 of 1995), or any other similar provincial law].”.
and infrastructure in the rcgion; 35 (fl
Amendment of section 19 of Act 22 of 2000
7. Section 19 or lhe principal Act is hereby amended by- 40 (a) the deletion in suhsection ( I ) of paragraphs (cj, id), (ej and #,; (b) the substitution in suhsection (2) for the words preceding paragraph (a) of the
following words:
10 No. 297S3 CrOVERb’MENr G A Z E l l K 28 MARCH 2007
Act No. Xi, M M NA1lO”l.U LAND TRAMPORT ‘RANSnIOY AMENDMEPIT ACT. 20M
“The [relationship and sequence of transport plans which nre illustrated in Figures 1 and 2, nre] responsibility for the preparation of transport plans is as follows:”;
(c) the deletion in subsection (2) of paragraph ( c ) ; (d) the substitution in subsection (2) for paragraph id ) of the following paragrapli:
municipalities [requested by the MEC,] must prepare an integrated transport plan [of which the public transport plan forms n component] dealing with such matters as may be prescribed by the Minister: Provided that the Minister may prescribe different matters for different types 10 or categories of municipalities;
( e ) the substitution in subsection (4) for paragraph (b) of the following paragraph “ib) The date for [each ofl the intepated transport plans mentioned in
subsection (l)[(c) to] (g) must he linked to the provincial land transport framework and Lx as agreed upon by the MECs.”; 15 and
5 “ id ) transport authorities and [core cities, and other]
ffl the substitution for subsection (7 ) of the following subsection: “(7) The content of the frameworks and plans mentioned in subsection
(I)(bj [to] E d fgj, respectively, must be as required hy lhis Act, hut the Minister may, in consultation with the relevant MEC or MECs, modify 20 the requirements for those plans, in the prescribed manner, in relation to rural areas in particular provinces.”.
Amendment of section 20 of Act 22 of 2000
8. Section 20 of the principal Act is hereby amended hy- ia) the substitution in subsection (1) for the words preceding pluagraph (a) of the 25
following words:
section 19(l)fn) must he prepared by the following authorities, to he knowii as planning authorities, subject to subsections (4) and (5). and 30 these plans may he different in respect of rural planning authorities except for those that have subsidised public transport services:”;
(b ) the deletion in subsection (1) of paragraph fb); ( c ) the substitution in subsection (1) for paragraph (cj of the following
“(c) other municipalities, where their jurisclrctional area have not been included wholly or partly in transport areas [or MTAs], in respect of tlieirjurisdictional areas and, where such areas are partly included in a trnnsport area [or MTA], in respect of that part of such area that is not so included.”;
paragraph: 35
40 ib) the substitution for subsection (3) of the following subsection:
“(3) Every planning authority required to do so ic krms of section 19(3)0 must supply & relevant transport plans to the board and m k e recommendations to that board about the conversion of permits to operating licences, and about applications for new operating licences, as 45 required by Part %.”; and
ic) the deletion of subsection (6) .
Amendment of section 21 of Act 22 of 2000
9. Section 21 of the principal Act is hereby amended by the substitution for subsection (1) of the following suhsectim 50
12 No. 29753 GOVERNMENT CIAZEITE. 28 MARCH 2007
A C ~ NO. 26, zoo6 NATIONAL LAND TRANSPORT ‘IRANSITION M N D ~ N ” A C T 2006
“ ( l ) f a j The Mtnister must, [annually,] hy a date to he determined by the Minister after consultalion with the MECs and published by notice in the Govpmrnent Gazette, prepare a five-vear nalional land transport strategic frame- work for the country [for a five-year period corrrsponding with the Depart-
(b) The Minister must update the national land transport strategic framework ment’s financial years, with due regard to suhsection ( 3 1 . 5
every two years.”.
Amendment of section 22 of Act 22 of 2000
10. Section 22 of the principal Act is hereby amended by- /a) the substitution for subsection ( I ) of the following subsection: 10
“(i)@J Every MEC must [annually] prepare a five-year provincial land transport framework [for a five-year period] in accordance with lhe requirements prescrihed by the Minister after consultation with all the MECs and must publish it in the Gmwnmenr Gazerre on a date determined by the Minister. 15
/bj An MEC contemplated in parazraph (a ) must, subject to section 2l(l)(b), ulxiate his or her provincial land transport framework at least once every two years.
( c ) When preparing the provincial land transpOrl framework, the MEC must be guided by the national land transport strategic framework.”; and 20
ib) the insertion in subsection (3) after paragraph (gJ of the following paragraph: “(xA) set out a strategy for travel demand management in lhe
province;”.
Repeal of sections 23,24,25 and 26 of Act 22 of u)00
11. Sections 23, 24, 25 and 26 of the principal Act are hereby repealed. 25
Amendment of section 21 of Act 22 of 2000
12. Section 27 of the principal Act is herehy amended by- (a ) the suhslitution for suhsection ( I ) of the following subsection:
“ ( I ) Transport authorities[, core cities] and [other] rill municipalities [required by the MEC to do so,] must prepare and submit to the MEC 30 [annually] hy the date determined by the MEC, inlegrated transport plans [which comply with subsection (2)] for their respective areas lor the five-year period commencing on the first day of that financial year.”;
/b) the deletion of subsection (2); (c) the suhstitution for suhscctions (4) and (5) of the following suhseclions, 35
respectively: “(4) The [plan] integrated transport plans must hy the date [so] determined in terms of subsection ( 1 ) be subrmtted to the MEC for approval, which approval must relate only to [the mattent mentioned in section 24(4)(b)J= 40 faj procedures and financial issues that affect the province; /b) provincial policy and principles rerarding transport across the
boundaries of the areas of planning authorities; (c) interprovincial transport; and (d) any other matter provided for in the relevant provincial laws. 45
(5) A person may not transport hazardous substances wnlernplated in section 2(1) of the Hazardous Substances Act, 1973 (Act No. 15 of 1973). in the area of a planning authority, except on [a route determined under paragraph (h) of subsection (Z), where such a route has been determined and oublished undcrsection 29(1). and m v uerson who SO . , .~ does so is guilty of an offence] a designated route indicated in an integrated transport plan contemplaled in section 29(1), that is in accordance with the general strategy or plan contemplated in section W.”; and
GOVERNMENT GAZETTE. 2K MARCH ?om 14 No 29753
A d No. 26, M06 NATIONAL LAhD TRANSPORT “RANSITION A M N D M N T ACT, 20%
id) the addition of the following subsection:
substitution of section 28 of Act 22 of 2000
13. The following section is hereby substituted for section 28 of the principal Act:
“Appmval of commuter rail components of transport plans
5
28. Until the funclion of commuter rail is devolved from the national to another sphere of government, the transport framework and plans contemplated in section 19(1)(6) [to] (g), respectively, must be submitted to the Minister for apprnval of the commuter rail component of 10 such framework and plans, within the prescribed manner and time.”.
Amendment of section 29 of Act 22 of 2000
14. Section 29 of the principal Act is hereby amended by- ( a ) the substitution for subsection (1) of the following subsection:
“(1) On approval of the national land transport strategic framervork, a 15 provincial transport framework[, a public transport plan1 or an integrated transport plan, the Minister or planning authority, as the cme may he, must publish, in the Pro~Grial Gazelle, or, in the case of the national land transport strategic framework, in the Governrnenr Garetfe. the prescribed parliculars of such plans, which must include particulars 20 of routes [determined] designated under section [27(2)f11)1 m.”;
( b ) the substitution in subsection (2) for paragraph (d ) of the following paragraph: “ ( d ) no action may be taken that would have the result of substanlially
decreasing the quantity or availahility of land transport infrastruc- ture or services, unless the owner of the land on whch the 25 infrastructure is situated, or the holder of the relevant operating licence, [m the case may be,] has notified the relevant planning authority in writing nol less than 1301 3 days before the action is taken.”;
(c) the substitution in subsection (4) for the words preceding paragraph f a ) of the 30 following words:
“The planning authority must, w i h n [28] 90 days-”; and id) the substitution in subsection ( 5 ) for paragraph ( a ) of the following paragraph:
“(a) prior to the expiry of the (28-dayl 90-day period referred to in subsection (4): or” 35
Amendment of section 31 of Act 22 of 2000
15. Section 31 of the principal Act is hereby amended by- ( a ) the substitution for subsection (1) of the following subsection:
“(1) Despite this Act or any other law, from a dale to be determined by the Minister hy notice in the Government GnzeUe, [which m y not be 40
16 No. 29753 GOVERNMENT GAZETTE. 2R M U C H 2007
Art No. 26, 21166 NAI'IOYAL. LAND 1RANSPORT TRANSITION AMEh'UMEN1 ACT, 20iK
enrlicr than 1 October 2n04,1 operating licences may only he issued for vehcles designed or lawfufiy'[ada$ed] modified hy a registered manufacturer. re.!zistered builder or registered importer in compliance with the National Road Traflic Act, 11989 (Act No. 29 of 19XY)l 1996 (Act No. 93 of 1996). according to acceptable safety standards, lo 5 carry[- (a) fewer than nine persons, excluding the driver; or (b) 18 persons, excluding the drivcr; or (c) 35 persons, cxcluding the driver; or (e) 46 or more persons, excluding the driver,] such number of 10
persons as may he determined by the Minister in (he said notice, unless the Minister, in consultation with the MECs, provides otherwise for special calegories of vehicles by notice in the Govenimenr Gazette, to cater for exceptional cases in rural areas, or exceptional cases in relalion to tourist or courksy services."; 15
Ihl the suhstitulion for suhsection (3) of the following suhsection: . , I "(3) (aJ [A midibus] After a relevant iiiteErated lransport plan has
been approved aid puhlished under section 29(1), a motor vehicle may not -IE used for the operation of an unscheduled conmuter service [only] wherc I- 20 . . . . .. (a)] there are [no] existing schedulcd services on the same route or o n
another route in the same corridor, unless the operation of such unscheduled commuter service on those routes is allowed hy that transporl plan.
ih) If there are any existing permits or operating licences allowing 25 such unscheduled commuter services iii coiitravention of the transport plan contemplated in parapraph in), the hoard must cancel or amend lhose permits or licences accordingly[; nnd (b) relevnnt transport plans nllow for its use].";
(c) the substitution for suhseclion ( 5 ) of the following suhsection: 30 "15) N o slandng nassenzers mav he camed in R motor car. minibus or
j _ '_ midibus, unless the vehicie is a kidibus k i n g used for a scheduled feeder or dislrihution service and the planning authority concerned has specifically authorised the use of such vehicle for such a service in writing ": and ...... ,
(d) the addition of the following suhsection: "(6) fa) An adapted light delivery vehicle may he used for public
(i) there is no appropriate public transport available in that area;
(ii) the services are rendered under such conditions a? may he
(b) For the purposes of this subsection, :in "adapted light delivery vehicle" means a light delivery vehicle that has heen m,mufactured or modified by a registered manufacturer, registered huilder or registered importer in compliance with the National Road Tratfc Act, 1996 (Act No. 93 of 1996), for the conveyance of persons.".
passenger road lransport services in a particular area ii-
and
determined hy the MEC concerned.
35
40
45
fiOVF.RNMF,hT GA7ElTE. 28 MARrH 2007 18 29753
Act No. 26, 2006 NATIONAI. L A W TKASSPORT TRANSITION AMEhlIMEhT Am. 2000
Amendment of section .% of Act 22 of ZOO0
16. Section 38 of the principal Act is hereby amended hy the addition of the following
operatinE or workmg a1 a testing station in terms of the Nal~onal Road Tr3ffic paragraph:
Act, 1996 (Act No. 93 of 1996):’ 5
Amcndmcnt of section 4.3 of Act 22 of 2000
17. Section 43 of the principal Act is hereby amended by the addition of the following paragraph:
“ i c ) inform the board in writing of the sale or any other change of ownershp of the vehicle to which the operating licence or permil 10
place”.
Amendment of section 41 of Act 22 of 2000
18. Section 47 of the principal Act is hereby amended by- in) the substitution in subsection (?) for the words precedmg parapap11 in) of lhe
following words: “Only a provincial department, a transport authority and a [ core city]
metropolitan municipality my enter into a suhsidised service agreement with a public transport operator, and, subject to subsection (3). only
ih) the substitution in sulxection (3) for paragraph i d ) of the following paragraph: “ i d ) the contract to be negotiated coniplies will1 all requlrements
prescrikd under subsection (4)in). is subslmtially in the form of the model contract documents contemplated in subsection (4)fb) and has a maximum validity period of [five]
( c ) the substitution in suhsection (3)ieJ for the words precedlng subppnrngmph (i) of the following words:
“the provincial department, transport authority or [core city] melropoli- tan municipality, as the case may be, prepares a business plan thal-”;
id) the substitution in suhsection ( 4 ) for paragraph (bj of the follr?winp paragraph: ”ih) provide model tender and contract documents, and puhlish them in
the Govcrnrnent Gnzerte, for subsidised service contracts as a requirement for contracting authorities, who may not deviate thrrefro-
15
if-”. 20
years.”; and 25
30
Qj exzpt in Ihe case of a municipality usine its own funds in 35 ternx of section 49(4); or
@J unless lhis is agreed to by the Minister;”; and ( e ) the deletion in subsection (3) of paragraph if).
Amendment of section 62 of Act 22 of 2WO
19. Section 62 or the principal Act is hereby amellded hy- 40 in ) the sulxtitution for subsection (1) of the following subsectiim
“(1) Only registered or provisionally registered associarions. mem- hers and non-memhers may receive linnncial assistance from any organ of state in any sphere of government or from any transport authority [or core city,] for the purposes of establishing or operating a co-operative for 45 minibus taxi operators.”; and
A C ~ NO. u,. znwi NATIONAI, IAN) ‘TRANSPORT ‘TRANS~KlN AMI~.NI>MENI ACI. 2000
ib) the substitution for suhsection (3) of the following subsection: “(3) An organ of state[,] & a transport authority [and H core city]
may not render financial assistance fur any purpose relating tn public transport to any operators of minibus taxi-type services who are not registered or prnvisionally registered members or non-memloers, or to any associations that art not so registered, except assistance relating to training or instruction.”.
5
Amendment of section 78 of Act 22 of 2000
20. Section 78 of the principal Act is hereby amended hy the substitution in subsection
“(h) have the prescribed pmticulms ol. each operating licence, which includes, for the purposes of this parapph. an operating licence as renewed, amended or trcansferred from time to time. and of its holder and the veluclc to which il relates, entered on [the Land Transport Permit] such Information System as
(4) for parapaph i h ) of the l~~~llowing parapdph: 10
prescnld hy the Minister.” 15
Substitution of section 90 of Act 22 of 2000
21. The following section is hereby substitutd for section 90 of the principal Act:
“Amendment of operating licence: Replacement of specified vehicle
90. (1) Where the holder or an operating licence for the olwatioii of any public transport service wishes to replace the vehicle that is specilied in that 20 oprating licence for the operation of that puldic transport service with another vehicle [with the same passcnger capacity,] the holder niust. apply for the replacement, in the manner prescribed by the MEC, In a member or official of the hoard whom tlie hoard has authorised iii writing to dispose of the mater, provided the nature of the replacing vehicle and Uie quality and 25 standard or the service are iiot affected by the replacement.
(2 ) The authorised memher or official or the hoard must allow !he replacement and issue an amended operating hcencr to the holder, if [satisfied that] the replacinp vehiclc-
rthe redwcine vehiclel has the same Dasseneer canacitv. or less. land 30 - . L is of the same nature] 3s the vehicle which it replaces, and [that] the quality and standard of [lie service which is authorised by the operating licence [will] - is not be affected h y the replacement; and [the replacing vehiclel I S otherwise suitahle for the nueration of the 35 -
puhlic transport service authorised by that operating licence, national information system model numlw allocated to it, has lieen certified as roadworthy in compliwce with road tratlic laws and is properly licensed[; and the applicant for replacement has provided the information 40 necessary to estnblish the requirement- of this section].
22 No. 297s2 GOVERNMTIVI GAZE I It. Z8 MARCH 2007
(2A) The national information system model number contemplated in subsection (2) must lx linked to the reEistered builder who huilt or modified the body of the vehicle in question.
( 3 ) Where a suhcontractor oi?erales any wart of the puhlic transport , , . . service to which m operating I~cence relates. on behalf of ihe holder of the olxrating licence, the sulxcintrilctor may rely on the prnvisions of this section to replace any vehicle of which the latter is the registered owner and which is specified in that operating licence, in a11 respcts as i f llie suhcontnictor were the holder of that operating licence.
(4) For the purposes of this sectinn ‘national information system’ means the national information system contempl:ited in section 6(1).”
5
I O
Amendment of section 91 of Act 22 of 2(n)0
22. Section 9 I of the principal Act IS hereby amended hy the addition of the following sulwctions :
“(3) The Minister must set standards for sealed meters for metered taxis in 15 accordance with standards set by the South African Bureau of Standards in ternls of the Standard5 Act, 1993 (Act No. 29 of 1993).
(4) The MEC. in consultation with the Imard, may determine a fare structure for metered taxi services and the MEC niust puuhlish such fare structure in the I’roviririal Gazrttc. ” 20
Amendment of section 94 of Act 22 of 2 0 0
23. Section 94 of the principal Act is herehy amended by the substitution iii suhsection
“(b ) The replacing vehicle must he suitable for the npration of that puhlic transport service and, except in so far as this section provides otherwise, must 25 comply in all otherrespects with thertquirenients and conditions that apply and are in force in te rm of this Act and the National Road Traffic Act, 1996 (Act No. 93 of 1096), with regard to the vehicle so specilied in the operating licence.”.
(3) for paragraph ib) of the following paragraph:
Amendment of section 115 of Act 22 of 2000
24. Section 115 of the principal Act is herehy amended hy- 30 (a) the subs~itution in suhsection (1 ) forpragrapli /hi or Ihe following paraigraph:
”ih) if requested thereto by any organ nf state[,] 0’ transport authority [or CIJIT city] which has rendered financial assistance to (he association or its memhers for a particular purpose, supply the requested information as to the application of the funds received 35 from that source.”: ‘md
(b) the substitution in suhsection (2) for paragraph (h ) of the following pragrapli: transport authority
[or core city] which has rendered financial assistance to the non-memher for a particular purpose, supply the requested iiifur- 40 maUon as tn the application of the funds receivrd from that source.”
Amendment of seetion 122 of Act 22 of 2000
“ ( h ) if requested thereto by any organ of state[,]
25. Section 122 of the principal Act is hereby amended hy the subslitutinn for
“(1) In addition to the masurc? provided for in this Act with regard to law enforcement, the MECs, transport authorities and municipalities[, including municipalitiff in their capacity as cnre cities of their hlTAs,] must lake active steps lo develop system5 to improve land transport law enicxenient in their
suhsection (1) of the folloaing suhsection: 45
respective jurisdictions.” 50
24 piO.?’ )151 GOVERNMFkT GA7XTTE. 28 MARCH 2007
Act No. lb, 2006 NATIONAL LAND TRANSPORT TRANSITION AMEkDMEhT A m . 2006
Amendment of section 127 of Act 22 of 2000
26. Section 127 of the principal Act is hereby amended by the addition to subsection
“frj if the person operales an adapted lieht delivery sehicle in contravention of
i s ) if, being a metered taxi operator, the person contravenes or fails to comply with a fare structure contemplated in section 91(4).”.
(1) of the following paragraphs:
section 3 l(6); 5
Amendment of seetion 1.74 of Act 22 of 2000, ns nmended by section 11 of Act 31 of 2001
27. Section 134 of the principal Act is hereby amended by- 10 ( a ) the substitution in subsection (2) for paragraph in) of the following paragraph:
“ in ) Wherever ths Act requires r e p d to be had to any transport plan, a board, contracting authority, transprl authority[, core city] or municipality may proceed with the relevant matter, with the approval of the relevant MEC in consultation with the Minister, despite the fact that 15 the relevant transport plan has not been prepared or has no1 been submitted for required approvals, M has not heen published under section 29 (I).’’; and
( b ) the substitution in sulisection (2) for paragraph ( c ) of the following parapzph: “(cj The board, contracting authority, transprt authority[, core city] 20
or municipality must, however, have regard to any available transport planning or other matter which is relevant.”
Repeal of Figures 1 nnd 2 in Act 22 of 2000
28. The principal Act is hereby amended by the repeal of Figures 1 and 2.
Short title 25
29. This Act is called the National Land Transport Transition Amendment Act, 2006