National Land Transport Transition Act

Link to law: http://www.gov.za/documents/national-land-transport-transition-act
Published: 2000-08-23

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
National Land Transport Transition Act [No. 22 of 2000]
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
Registered at the Post O@ce as a Newspaper
VOL. 422 CAPE TOWN, 23 AUGUST 2000 No. 21493
THE PRESIDENCY
No. 844. 23 August 2000
It is hereby notified thot the President has assented to the following Act which is hereby published for gener:d int’ornla- ticm:—
No. 22 of 2000 Ntitional Liml Trunsport Transition Act, 2000.
? s,). 21403 GOVERN’MINt’ GAZETTE. 23 ALIGLIST ?O(W —— .. ——_——— —..
id No. 22, 2000 NATiOXA1. I.AXD TKAKSF’OR r T’K,Ah’SITloN ACT. 2000
GENERAL Explanatory’ NOTE:
[ 1 Words in bold type in square bracke(s indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
(English re.rt signed by the President. ) (Asse]lfcd to 17 Au8ust 2000.)
ACT To provide for the transformation and restructuring of the national land transport system of the Republic; and to provide for incidental matters.
follows:—
CONTENTS OF ACT
CHAPTER 1 INTRODUCTORY PROVISIONS
Part 1 Introductory Provisions
Definitions Purpose and scope of Act Application of Act in provinces
CHAPTER 2 MATTERS OF NATIONAL CONCERN
Part 2 National Land Transport Principles and Policy
Principles for national land transport policy
Part 3 Powers and Duties of Minister
Functions of Minister National integrated land transport information system Re&ulations by Minister Delegations by Minister
Part 4 Functions of MECS
B E IT ENACTED by the Parliament of the Republic of South Africa. as
1. 2. 3.
4.
5. 6. 7. 8.
5
10
.
15
20
9. Functions of MECS
GOVERNMENT GAZETTE, 23 AUGUST 20(J0 No. 21493 3 .—
10. 11. 12.
13. 14.
15. 16. 17.
18.
19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.
30.
31. 32. 33.
34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46.
NATIONAL LAND TRANSPORT TRANSITION ACT. 2000 Act No. 22, 2000
Part 5 Transport Authorities: Matters of National Concern
Principles for establishment of transport authorities for transport areas Factors relevant to determining boundaries of transport areas Transport areas and transport authorities extending across provincial bound- 5 aries Finances of transport authorities Use of funds received by transport authorities
Part 6 Interim Funding Arrangements for Land transport 10
Minister may provide funds for land transport MEC may provide funds for land transport Municipalities may provide funds for land transport
Part 7 Transport Planning 15
General principles for transport planning, and its relationship with land development Types of plans required by Act Planning authorities National land transport strategic framework 20 Provincial land transport frameworks Current public transport records Operating licences strategies Rationalisation plans Public transport plans 25 Integrated transport plans Approval of commuter rail components of transport plans Publication of transport plans and substantial changes in land use and public transport infrastructure and services
Part 8 30 Provincial Operating Licencing Board: Matters of National Concern
Establishment and functions of provincial boards
Part 9 Operating Licences: Matters of National Concern
Types of vehicles which may be used for public transport services 35 Continuation and conversion of existing permits Operating Iicence or permit prerequisite for operation of public transpofl services Operating licence is not a right Maximum validity period of operating licences 40 Board to which application must be made Notice of applications regarding operating licences Disqualifications with regard to holding of operating Iicences Operating licences for public transport services provided for in transport plans Operating Iicences for contracted services 45 Special procedures for legalisation Withdrawal of operating licences upon termination of contracts Duties of holder of operating licence or permit Conveyance of learners, students, teachers and lecturers Minimum information to be contained in operating Iicences 50 Interaction between public trmsport and cross-border roud transport
4 No. 21493 GC)\~ERNMENT GAZEITE. 23 AUGUST 2000
Act No. 22, 2000 NATIONAL. 1..AX[) TRANSPORT TRANSITION ACT. 2000
47. 48.
49.
50. 51.
52. 53.
54. 55. 56.
57. 58. 59.
60. 61. 62.
63. 64.
65. 66.
67. 68. 69. 70. 71. 72. 73. 74.
7 5 . 76.
Part 10 Regulated Competition
Subsidised service contracts Requirements to qualify as tenderer fol- commercial service contract or subsidised service contract 5 Involvement of municipalities and transport authorities in public transport services Commercial service contracts Withdrawal of operating Iicence or permit in rationalisation of public transport services
Part 11 Registrations
National Transport Register Appointment of Registrars
Part 12 Registrations and Other Matters relating ,
10
to Minibus Tui Industry 15
Functions of Registrar Registration of association or non-member in one province only Provisional registration and full registration of associations and non-members registered under provincial laws 20 Direct full registration of associations Registration of members Issuing of certificates and distinguishing marks upon registration or provisional registration Requirements for constitutions of associations 25 Minister to determine minimum requirements for codes of conduct Benefits of registration
CHAPTER 3 MATTERS OF PROVINCIAL CONCERN
Part 13 Functions of MEC
Functions of MEC Regulations by MEC
Part 14 Transport Authorities: Matters of Provincial Concern 35
Agreements for formation of transport areas and transport authorities Declaration of transport areas, and concomitant establishment of transport authorities Requirements for founding agreements Functions and competencies of transport authorities 40 Ancillary powers of transport authorities Governance of transport authorities Dissolution of transport authorities Finances of transport authorities Delegations by governing body Provisions applicable to delegations Transport executives Joint transport executives
30
45
Part 15 Provincial Operating Licencing Board: Matters of Provincial Concern 50
77. Appointment of members of board 78. Duties of board
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21493 5
79. 80. 81. 82. 83.
84, 85, 86. 87. 88. 89. 90. 91. 92. 93. 94.
95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108.
109.
110. 111. 112. 113. 114. 115.
116. 117. 118. 119.
120.
121.
122. 123.
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
Part 16 Operating Licences: Matters of Provincial Concern
Continuation and conversion of existing permits Conversion of permits not allowed in certain circumstances Manner of converting permits to operating licences Conversion of permits to operating licences for larger vehicles Disposing of applications with regard to operating licences for non-contracted services Cancellation of certain operating Iicences not brought into use Issue of operating licences, and contents thereof Authority conveyed by operating Iicence Persons who may hold operating Iicences Rules applicable with regard to various operating licences Use of same vehicle for long-distance and other public transport services Amendment of operating licence: Replacement of specified vehicle Special conditions relating to metered taxi and staff services Courtesy services Duties of holder of operating licence Temporary replacement of specified vehicle
Part 17 Registrations and Other Matters relating to Minibus Tui Industry
Appointment of Registrar Disqualifications for holding Registrar’s office Resignation of Registrar, and removal from office Vacation of office Functions of Registrar Registrar required to disclose commercial and pecuniary interests Registrar to report annually Establishment and functions of panel of assessors Appointment, remuneration and conditions of service of assessors Meetings of panel of assessors Panel of assessors may co-opt in certain circumstances Resignation and removal from and vacation of office by assessors Disclosure of assessors’ commercial and pecuniary interests Provisional and full registration of associations and non-members previously registered Provisional registration of associations not qualifying directly for full registration Direct full registration of associations Application and registration procedure Registration or provisional registration of members Registration of non-members Certificates of registration and distinguishing marks Duties of registered and provisionally registered associations and non- members Standard minimum constitution and code of conduct Requirements for constitutions of associations Non-compliance with registered constitution, and breach of code of conduct Cancellation or temporary suspension of registration or provisional registration of associations, members and non-members Effect of lapsing or cancellation of registration on holding of permit or operating licence Registration or provisional registration no bar to prosecution for unauthorised operation of public transport
Part 18 Law Enforcement
Land transport law enforcement Anointment of insrxctors
10
15
20
25
30
35
40
45
50
55
6 N,}, 21493 G()\JERNhtl%T GAZETTE. 23 ALTGLIST 2000
Act No. 22.2000” h’ATI[jN.lL l.\S[) ‘TRANSPORT TRANSITION ACT. 2000”
124, 125. 126. 127.
128, 129. 130. 131. 132. 133. 134. 135. 136.
lmpouncirnent of !ehiclcs Presumptions :ind proof of certain facts Powers of authorised ofhccrs Offences and penalties
CHAPTER 4 GENERAL MATTERS
Part 19 General Matters
Appeals in general Appeals to Transport Appeal Tribunal Amendment of Act 78 of 1977 Amendment of Act 29 of 1989 Amendment of Act 93 of 1996 Amendment of Act 45 of 1998 Transitional provisions Act binds State Short title and commencement
CHAPTER 1 INTRODUCTORY PROVISIONS
Part 1 Introductory Provisions
Definitions
1. (1) In this Act. unless inconsistent with the context— ~ij
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
“association” means any group of persons formed primarily in relation to the operation of minibus taxi-type services, and— (a) which has been formed not for gain; (b) whose object is to promote the interests of its members; and (c) whose funds are to be applied in promoting those interests; “authorised officer” means— (a) (b)
(c)
(d)
an inspector contemplated in section 123; 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 Service Act, 1995 (Act No. 68 of 1995); a person in the service of a provincial department or a municipality whose duty is to inspect motor vehicles or licences for motor vehicles or to control traffic; a road transport inspector contemplated in section 39 of the Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998);
“board” means the public transport licensing board established for a province in compliance with section 30 to perform the functions mentioned in that section; “bus” 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 more than 35 persons, excluding the driver, subject to section 31; “capacity building” means investment made with the purpose of enhancing the ability of individuals and institutions to achieve their development goals; “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 operator, where— (u) 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; “Code of Conduct” means the code of conduct prescribed for a province by the MEC under section 116:
10
15
20
25
30
35
40
45
50
55
GOVERNMENT GAZETTE, 23 AUGUST 200Q No. 21493 7
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22, 2000
“commercial service contract” means an agreement concluded between a contracting authority and a public transport operator, iri terms of which the— (a) operator is to operate a public transport service, provided for in a public
transport plan; (b) operator’s consideration consists of fares payable by the passengers that
are carried and, where passengers pay concessionary fares, also of the reimbursement made by the contracting authority to that operator; and
(c) operator does not receive any subsidy or other financial support from any organ in any sphere of government and for the purposes of this paragraph, reimbursements made to the operator in respect of conces- sionary fares is not regarded as a subsidy or other form of financial support;
“commuting” means traveling daily between home and work by means of a public transport service, and “commuter” has a corresponding meaning; “concession agreement” or “concession” means any agreement between a public transport operator and a contracting authority for the operation of a public transport service on a railway line or rail network— (a) in accordance with a public transport plan; and (b) at a price and on a service level provided for in that agreement, whether or not the public transport operator, in terms of the agreement, is also required to construct, maintain or rehabilitate the infrastructure and other assets used in connection with that service; “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 (Act No. 108 of 1996); “contracting authority” means the Department, any provincial department, transport authority, designated municipality and any core city, bound to a contract or concession agreement concluded with a public transport operator; “co-operative” means a co-operative as defined in section 1 of the Co-operatives Act, 1981 (Act No. 91 of 1981); “core city” means a municipality designated under section 4 of the Urban Transport Act, 1977 (Act No. 78 of 1977), as the core city of an MTA, and includes any municipality which, after the commencement of this Act, is so designated; “courtesy service” means a transport service for customers or clients provided by an organisation which is not a public transport operator where the organisation provides its own vehicle or a vehicle provided by an operator in terms of a contract with that organisation; “cross-border road transport” means cross-border road transport as defined in section 1 of the Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998); “current public transport record” means a transport plan contemplated in section 23; “current tendered contract” means a contract concluded before the com- mencement date of this Act for the operation of a public transport service between the Department or a province, on the one hand and, a public transport operator, on the other hand, to whom the tender for the provision of a service was awarded by the State Tender Board or the competent provincial tender board or authority in accordance with law, and which is still binding between them, the term of which expires only after the date of commencement of this Act, and includes a contract which is binding between the— (a) public transport operator and a province due to the Department assigning
its rights and obligations to the province irrespective of whether the assig~ment occurred before or after the date of commencement of this Act; or
(b) public transport operator and a transport .authonty or a designated municipality or a core city to which the province, after the date of commencement of this Act— (i) may have assigned its rights and obligations; or
(ii) as the case may be, may have further assigned the rights and obligations assigned to it by the Department in terms of paragraph (0);
“Department” means the Department of Transport in the national sphere of government;
5
10
15
20
25
30
35
40
45
50
55
60
s x,), .!1’$93 ~o\~ER~~f~~’r G,AZEITE 23 ,4tjCrl.lST X)(l) —
Act IN(). 22.2000 NATIOXA1., L>\SD TRANSPORT TRANSITION ACT. 2000
(xxi) (xxii)
(xxiii)
(xxiv)
(xxv) (xxvi)
(xxvii)
(xxviii)
(xxix)
(xxx)
(xxxi)
(xxxii)
(xxxiii)
(xxxiv)
(xxXv) (xxxvi)
(xxxvii)
(xxxviii)
(xxxix)
“Director-General”’ mems the Director-General of the Department; “framework” means an outline for the structure within and the form according to which aplan, policy or strategy isdetermined and developed; “grievance procedure”” means the procedure laid down in the constitution of an association to resolve an internal grievance raised by a member or a group of members; “infrastructure”, in relation to land transport, means fixed capital equipment and facilities in the land transport system; “inspector” means an inspector designated under section 123; “integrated development plan” means the integrated development plan which, in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), is to be prepared by a municipality; “integrated transport plan” means an integrated transport plan contemplated in section 27; “interim contract” means a contract, not being a current tendered contract, for the or)eration of a subsidised scheduled service, the term of which expires after ~he date of the commencement of this Act, and which— (a) was concluded before that date between the province and the Department
on the one hand, and the public transport operator who is to operate that service, on the other hand, and is still binding between them or only binding between the province and that operator; or
(b) is binding between that public transport operator and any transport authority or a core city or a municipality, due to the assignment to it, after the date of commencement of this Act, of the rights and obligations of the province under the contract contemplated in paragraph (u);
“interprovincial transport” means a public transport service operating between two or more provinces; “intraprovincial transport” means a public transport service operating within the boundaries of a province; “key performance indicator” means a yardstick or standard established to measure levels of performance and achievement; “land transport” means the movement of persons and goods on or across land by means of any conveyance and through the use of any in frastmcture and facilities in connection therewith; “long-distance service” means a scheduled or unscheduled public transport servi=e operated by road, other than a service for commuting, that is provided beyond the bounduy of the area covered by a transport plan, where passengers are charged fares individually; “MEC” means the member of the Executive Council of a province who is responsible for public transport in the province in question; “member” means a member of an association; “metered taxi service” means a public transport service operated by means of a motor vehicle which is designed, or lawfully adapted, in compliance with the Road Traffic Act, 1989 (Act No. 29 of 1989), to carry fewer than nine seated persons, including the driver, where that vehicle— (a) is ‘available for hire by hailing, by telephone or otherwise; (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; “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 persons, excluding the driver; “minibus” 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 nine to 18 seated persons, excluding the driver; “minibus taxi-type service” means an unscheduled public transport service
5
10
15
20
25
30
35
40
45
50
55
operated on a specific route or routes, or where applicable, within a parti~ular area, by means of a motor-car, minibus or midibus, subject to section 3 i;
(xL) “Minister” means the Minister of Transport in the national sphere of government; 60
(xLi) “motor car” means a motor vehicle, other than a motor cycle, motor tricycle or motor quadrucycle as those vehicles are defined in the Road Traffic .Act,
GOVERNMENT GAZEITE, 23 AUGUST 2000 No, 21493 9
(xLii)
(xLiii)
(xLiv)
(xLv)
(xLvi)
(xLvii)
(xLviii)
(xLix)
(L)
(Li)
(Lii)
(Liii)
(Liv)
(Lv)
(Lvi)
(Lvii)
(Lviii)
(Lix)
(Lx)
(Lxi)
(Lxii)
(Lxiii)
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
1989, (Act No. 29 of 1989), designed or lawfully adapted by a registered manufacturer to carry not more than eight persons, excluding the driver; “motor vehicle” and “vehicle” means a motor vehicle as defined in section 1 of the Road Traffic Act, 1989 (Act No. 29 of 1989); “MTA” means a metropolitan tianspa-t area declared and existing under section 3 of the Urban Transport .Act, 1977 (Act No. 78 of 1977); “municipality” includes all mun” :ipalities contemplated in section 155(6) of the Constitution, and in the case of a category C municipality contemplated in section 155( l)(c) thereof, also includes the Category B municipalities contemplated in section 155(1)(b) in its area; “municipal transport operator” means a municipality which operates a public transport service or an organisation which operates such a service and in which the majority of the shares or the controlling interest is held by a municipality, or which is otherwise controlled or is owned by a municipality; “non-contracted service” means a public transport service other than one operated in terms of a commercial service contract, subsidised service contract, current tendered contract, interim contract or concession agreement; “non-member” means any person, whether a natural person or a juristic person, who is not a member of an association; “operating licence” means a public transport operating licence required by section 33 and granted and issued in accordance with Part 16; “operating licence strategy” means a transport plan consisting of an operating licence strategy contemplated in section 24; “organ of state” means an organ of state as defined in section 239 of the Constitution: “parastatal transport operator” means an organisation which operates a public transport service and in which the majority of the shares or the controlling interest is held by a province, or which is otherwise controlled or is owned by a province; “participating municipality” means any municipality that is party to a founding agreement for the establishment of a transport authority; “permit” means a public road carrier permit or similar authority issued under a previous law, and which is in force at the commencement of this Act in terms of section 79; “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, the deaf or hard of hearing; “planning authority” means any body which, in terms of section 20, has to prepare transport plans for its area; “prescribed” means prescribed by regulation in terms of this Act, by the Minister or an MEC, as the case may be; “previous law” means any law the operation and application of which is excluded by or in terms of section 3, and which is superseded by this Act in accordance with that section; “provincial department” means the department within the administration of a province that is charged with public transport matters within the province; “provincial land transport framework” means a provincial land transport framework contemplated in section 22; “provincial law” includes the provisions of Chapter 3 and any other applicable provincial legislation; “public transport operator” means a person carrying on the business of operating a pubhc transport service; “public transpoll plan” means a public transport plan contemplated in section 26; “public transport service” means a service for the carriage of passengers by road or rail, whether the service is subject to a contract or not, and where the service is provided for a fare or other consideration or reward, including any service that is— (a) a scheduled service; (b) an unscheduled service. which includes a minibus taxi-type service: (c) a charter service;
5
10
15
~Q
25
30
35
40
45
50
55
60
(d) a long-distance service: (e) a metered taxi service:
I () N,). ‘2]493 GOVF;RNNIENT G} WETTE. 23 .AUG[!ST 2000
Ad No. 22.2000 NATIOTWI. L.ANF) TRANSPORT TRANSITION ACT, 2000
(Lxiv)
(Lxv) (Lxvi)
(Lxvii)
(Lxviii)
(Lxix)
(Lxx)
(Lxxi)
(Lxxii)
(Lxxiii)
(Lxxiv)
(Lxxv)
(Lxxvi)
(Lxxvii)
(f) a rail service: (g) a tourist service; (h) a staff service. except if clearly inappropriate. the term “public transport” must be interpreted accordingly; “rail service” means a pubhc transport service operated on a rail track or electro-rnagnetic guideway; “rationalisation plan” means a plan contemplated in section 25; “registered”, in relation to any association, the members of any association and any non-members, means their registration in the provincial transport register in accordance with this Act and relevant provincial laws; “registered constitution” means an association’s constitution, filed in the Registrar’s records, pursuant to the association’s successful application for provisional or full registration; “registered manufacturer” means a manufacturer of motor vehicles registered under section 5 of the National Road Traffic Act, 1996 (Act No. 93 of 1996); “Registrar” means the person appointed as the provincial transport Registrar for a province by its MEC in compliance with relevant provincial laws and section 53; “replacing provincial law” means a law or a provision of a law of a provincial legislature with regard to matters to which Chapter 3 of this Act applies and which, for all or any of the arrangements made in Chapter 3, substitutes its own arrangements within the framework of the national land transport policy and the scope and ambit of the provisions of this Act; “roadworthy certificate” means a certificate certifying the roadworthiness of a motor vehicle in accordance with the requirements of the Road Traffic Act, 1989 (Act No. 29 of 1989); “scheduled service” means a public transport service operated by road by a motor car, minibus, midibus or bus on a particular route or routes in accordance with a timetable; “special categories of passengers” means learners, persons with disabilities, tourists, transferring long-distance passengers, the aged, pregnant women and those who are limited in their movements by children with or without pushchairs or prams; “special event” means a cultural, religious, sporting or recreational event, or any entertainment, conference, exhibition or show, which is to occur or be held on a specific day or a number of specific consecutive days at a predetermined venue; “staff service” means a public transport service by road provided by means of a vehicle owned by an employer or a vehicle provided by a public transport operator in terms of a contract with the employer, when used exclusively for the conveyance of the employer’s employees; “subsidised service contract” means an agreement, other than an interim contract or a current tendered contract, concluded between a contracting authority and a public transport operator to operate a scheduled service provided for in a public transport plan and in terms of which the public transport operator, in addition to the passenger fares paid, receives financial support in terms of a tendered contract; “this Act” includes any regulation made and in force in terms of section 7 or 64;
(Lxxviii) “timetable” means a published document informing passengers of headways,
(Lxxix)
(Lxxx)
(Lxxxi)
that is intervals between departures or the passing of vehicles, or times when and places where public transport services are available, indicating at least origin and destination points and significant intermediate locations along the route; “tourist service” means a public transport service by road for the carriage of tourists to or from tourist attractions, where the tourists are accompanied by a tour guide registered under section 21 of the Tourism Act, 1993 (Act No. 72 of 1 993); “transfer”, in relation to an operating licence, means a transfer from the holder of the operating licence to another person; “transport area” means the area of a transport authority, contemplated in section 11;
5
10
15
20
25
30
35
40
45
50
55
60
GOVERNMENT GAZETTE. 23 AUGIJST 2000 No. 21493 11
(Lxxxii)
(Lxxxiii) (Lxxxiv)
(Lxxxv)
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22, 2000
“transport authority” means an authority contemplated in section 10(1) for a transport area; “transport plan” means any plan provided for in section 19; “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 vehicles, among others, through increasing vehicle occupancy, develop- ing priority measures for, gublic 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; “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, where passengers are charged fares individually.
(2) Any reference in this Chapter, Chapte~ 2 or Chapter 4, to Chapter 3 or any part, section or provision of Chapter 3, however expressed, must in the case where there is a replacing provincial law, be regarded as a reference to the corresponding chapter, part, section or provision of that replacing law.
Purpose and scope of Act
2. (1) This Act provides the measures necessary to- (a) transform and to restructure the Republic’s land transport system; (b) give effect to the national policy concerning the first phases of the process; and (c) achieve a smooth transition to the new system applicable nationally.
(2) Chapter 2 of this Act prescribes those policies, principles, requirements, guidelines, frameworks, norms and standards that necessarily must be the same for all the provinces of the Republic, and other matters contemplated in section 146(2) of the Constitution, in order to achieve and deal effectively with the transformation and restructuring of the land transport system of the Republic nationally, in the process introducing and establishing the new land transport system contemplated in subsection (1), for the Republic as a whole.
Application of Act in provinces
3. (a) This Chapter, Chapter 2 and Chapter 4 are regarded as provisions contemplated in section 146(2) of the Constitution and apply to the exclusion of any other law that is in force in any province or in the Republic as a whole and which is inconsistent with that Chapter.
(b) Chanter 3— (i)
(ii)
~oes not apply in a province in so far as it relates to a matter with regard to which there is a replacing provincial law in force in the province concerned, to the extent that such a replacing law deals with the matter; applies to the exclusion of any other law of any province with regard to a matter dealt with in Chapter 3 in so far as the province’s law is inconsistent with Chapter 2.
CHAPTER 2 MATTERS OF NATIONAL CONCERN
Part 2 National Land Transport Principles and Policy
Principles for national land transport policy
4. (1) The following principles apply with regard to the determination, formulation, development and application of land transport policy in the Republic:
(a) Public transport services— (i)
(ii)
(iii)
are aim-cd at providing a@ordable transport to the public; are so designed as to achieve— (aa) integration of modes; (bb) cost-efficiency and service quality; (cc) the optimal allocation and utilisation of available resources: (old) market development: are so designed as to hove— (aa) value to [he customer: and
5
10
1 5
20
25
30
35
40
45
50
55
12 No. 21493 GOVERNNIENT GAZEITE, 23 AUGUST 2000 — . . — — — — — — — — .-
Act No. 22.2000 NATIONAL. LAND TR,4NSPORT TRANS1”rlON ACT, 2000
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i) 0)
(k)
(1)
(m)
(?1)
(0)
(bb) the least harmful impact on the environment: (iv) are so designed that appropriate modes should be selected and planned
for on the basis of where they have the highest impact on reducing the total systems cost of travel, and this decision should be informed by an appropriate assessment of the impact on the customer and anticipated customer reaction to such change;
(v) are planned so that customer needs must be met by facilitating customer reaction to system changes in the planning process and by maximizing the integration of such services;
(vi) are planned where possible so that subsidies are aimed to assist currently rnarginalised users and those who have poor access to social and economic activity.
All role-players must strive to achieve an effective land transport system through integrated planning, provision and regulation of infrastructure and services and diligent and effective law enforcement. Public transport services, facilities and infrastructure must be so provided and developed as to integrate the different modes of land transport. Safety and effective law enforcement must be promoted as vital factors in land transport management and regulatory systems, and the efforts in this regard of all competent authorities and functionaries must be co-ordinated to prevent duplication. For the purposes of land transport planning and the provision of land transport infrastructure and facilities, public transport must be given higher priority than private transport. Scarce resources available for the provision of land transport must be used optimally. Investment in infrastructure and operations must promote economic, finan- cial, technical and environmental sustainability. Effectiveness and efficiency must be promoted in the provision and operation of land transport services and administering land transport matters. Co-ordination of institutional functions in land transport must be promoted. Land transport functions must be integrated with related functions such as land use and economic planning and development through, among others, development of corridors, and densification and infilling, and transport planning must guide land use and development planning. The needs of special categories of passengers must be considered in planning and providing public transport infrastructure, facilities and services, and these needs should be met as far as may be possible by the system provided for mainstream public transport. The participation of all interested and affected parties, including vulnerable and disadvantaged persons, in transport planning must be promoted, taking into account that people must have the opportunity to develop the understand- ing, skills and capacity necessary to achieve equitable and effective participation. The computerised land transport information systems of the national government, provinces, municipalities and transport authorities must be compatible with one another and must be so designed as to allow mutual accuss as well as access by the systems of the provinces’ boards and the systems of planning authorities, subject to section 6. All spheres of government must promote public transport and the flow of interprovincial transport and cross-border road transport. The principle of user charging or cost recovery from direct users must be applied wherever appropriate and possible, in that such users should pay for all or most of the costs related to the service or activity in question.
5
10
15
20
25
30
35
40
45
50
(2) The following persons must be impartial, have no direc~ ftn~lcial or business 55 interest in any sector of the public tmnsport industry, and may not decide or adjudicate on a matter in which they have SUCI, an interest:
(a) Members of boards; (b) staff of such boards who are directly involved in issuing operating licences; (c) members of provincial transport appeal bodies contemplated in section 128; 60 (d) members of the Transport Appeal Tribunal established by section 3 of the
Transport Appeal Triblud Act, 1998 (Act No. 39 of 1998);
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21493 13
NATIONAL LAND TRANSPORT Transition ACT, 2000 Act No. 22,2000
(e) officials of planning authorities directly responsible for the development of operating licences strategies;
(I’) officials directly involved in the management and execution of public transport related law enforcement.
PART 3 Powers and Duties of Minister
5
Functions of Minister
5. (1) The Minister must, after consultation with all the MECS, publish the national land transport policy by notice in the Government Ga:etfe.
(2) The notice may also incIude— 10 (a) the government’s goals concerning land transport in the Republic; (b) the policy objectives to be pursued to achieve those goals; and (c) the key performance indicators, and the targets to be met, to monitor the
implementation of national land transport policy and national norms and standards and to compare them with international norms and standards. 15
(3) Whenever any proposals relevant to determining or amending the national transport policy are to be considered, the Minister must by notice in the Government Gazette publish those proposals and in that notice invite interested parties and the public to comment on the proposals and make representations with regard thereto.
(4) The Minister must monitor all provincial land transport policies and frameworks 20 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.
(5) The Minister must— (a)
(b) (c)
(d)
(e)
(Y)
(g)
(h)
monitor the implementation of the national land transport policy and, where necessary, any investigations conducted into matters arising from the implementation, and cause any necessary adjustments to be made to that policy; facilitate the increased utilisation of public transport; strive to ensure that the money available for land transport matters is applied in an efficient, economic, equitable and transparent manner; assist provincial departments that lack the necessary staff or resources, in meeting their responsibilities and performing their functions and duties with regard to land transport; co-ordinate between the three spheres of government with a view to avoid duplication of effort and resources; cause to be prepared a national land transport research programme aimed at achieving the objectives of national policy and have it carried out and financed systematically, and assign research projects to persons or institutions considered best equipped to carry out the research; give guidance concerning education, training, and capacity building in connection with land transport matters, and prescribe requirements in this regard, but the Minister- (i) may do so only in consultation with the Minister of Education and 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 Authority Act, 1995 (Act No. 58 of 1995);
(ii) must thereby promote uniform standards for the relevant subjects and courses in all the provinces;
(iii) may take measures to promote, facilitate and co-ordinate the provision of training by public and private institutions;
in taking any measures relating to public transport— (i) accommodate therein relevant national and international benchmarks
and best practice; (ii) promote, within overall land transport objectives, the safety of passen-
gers; (iii) encourage efficiency and entrepreneurial bchaviour on the part of
transport operators in the operation of public transport services, and encourage them to tender competitively t’or contmcts and concessions:
25
30
35
40
45
50
55
60
Act so. 22.2000” XATIOP:AL LAND “I”RAh-SPORT TRANSITION AC1’. 2000
(i)
(1)
(k) (/)
(n?)
(i~) prornot eastrategic:ind inlegrateda pprotichtothe provision of public transport:
(v) promote the etlcicnt use of energy resoulces. and l imit adverse environmental impact in rela[ion to land transport;
so promote public transport that— (i) it is effective in satisfying user needs;
(ii) it operates efficiently as regards the use of resources; (iii) the services operated are of an acceptable standard and readily accessible
and are operated in conjunction with effective infrastructure provided at reasonable cost;
(iv) in the operation of public transport services, high priority is given to safety;
strive to ensure that in the promotion of integrated public transport modes, due consideration is given to the needs of transport users; promote effective integrated transport planning; where this Act requires public consultation and participation before taking any decision or performing any official act, prescribe the procedures to be followed in this regard; publish a report annually on the key performance indicators mentioned in ~ubsection ( j ) ( c ) . -
(6) The Minister mav— (a)
(b)
(c)
(d)
(e)
V)
after consult~tion with the relevant MECS and the relevant public transport operator and, where applicable, after consulting the relevant transport authority, set maximum or minimum fares for subsidised public transport by rail until the Minister has assigned the rail function to another sphere of government; after consultation with all of the MECS, by notice in the Government Gazette, set norms and standards of a general nature in respect of fares for subsidised public tmnsporr services by road or rail with a view to— (i) effective targeting of subsidy in terms of national policy;
(ii) providing integrated fare and ticketing systems in public transport networks; and
(iii) achieving cost recovery by operators; prescribe requirements for integrated fare systems, comprising fare structures, levels and technology, to ensure compatibility between such systems; after consultation with all of the MECS, prescribe norms and standards relating to the qualifications and conduct of inspectors; in consultation with the MECS, prescribe criteria and a methodology for the rationalisation of public transport services as contemplated in sections 24, 25 and 51(l)(a); and prescribe a process to be followed for offering alternative services in the place of existing services to holders of operating licences or permits under section 51.
National integrated land transport information system
6. (1) The Minister must develop, establish and maintain a national information system with regard to land transport, based on sound business processes, and in collaboration with tb: provinces integrate that system with the information systems kept by provinces.
(2) (a) Every MEC, every transport authority, every core city and evefi municipality must provide the Minister, in the manner and at the times as prescribed by the Minister, with the information so prescribed about their actions or position with regard to matters so prescribed that are relevant to—
(i) the objects and purposes of this Act: (ii) the national land transport policy;
(iii) the utilisat:m of moneys made available to them by the Department, whether directly or indirectly, for the performance of their functions with regard to land transport in terms of this Act.
(b) The provincial department may, in accordance with an agreement between the MEC and a municipality, act on behalf of the municipality for purposes of paragraph (a).
(3) Despite subsection (2), the Minister may at any time by notice in writing require a particular transport authority, core city or municipality to provide the Minister with
5
10
15
20
25
30
35
40
45
50
55
60
GOVERNMENT GAZ13TE, 23 AUGUST 2000 No. 21493 15
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
any information about its actions or position with regard to any non-prescribed matter of the nature mentioned in subparagraph (i), (ii) or (iii) of subsection (2)(a).
(4) The information provided in compliance with subsections (2) and (3) must be used as the basis for monitoring the implementation of national transport policy, as well as planning, and serves to assist all spheres of government in making decisions on investing in public transport.
(5) The nformation required for purposes of paragraph (a) of subsection (2) maybe prescribed only after consultation with the MECS, all transport authorities and core cities, and organised local government.
(6) The Minister must have all the information that was provided in terms of subsections (2) and (3), included in the national information system kept in relation to land transport, and may make that information available to interested parties on payment of the prescribed fee, if any, or, where appropriate, by means of any radio or television broadcast or publication in the press or other printed media, subject to subsection (7).
(7) Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), the Minister may not make information available under subsection (6) which, potentially, is commercially sensitive and may harm the business or commercial interests or viability of any particular person, organisation or entity, or is of a personal nature that may lead to the invasion of the privacy of any person, may not be so included in that system, nor be specified in such a manner that it will lead, directly or indirectly, to the identification of that person, organisation or entity, or to their being so harmed or to their privacy being invaded.
(8) Where a province, transport authority, core city or municipality fails to provide any information in compliance with subsections (2) or (3), the Minister may withhold any payment to that province, transport authority, core city or municipality, until it has provided the information.
Regulations by Minister
7. (1) The Minister may, after consultation with the MECS, make regulations relating to any matter which may or must be prescribed by way of a regulation under this Act.
(2) The regulations 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.
(3) A regulation made in terms of any previous law and in force immediately before 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.
Delegations by Minister
8. (1) The Minister may delegate to any officer in the Department any power or duty of the Minister in terms of this Act, except power to make regulations.
(2) Any delegation of a power or duty under this section—
5
10
Is
20
25
30
35
40
(a)
(b) (c)
does not prevent the Minister from exercising that power or performing that duty; must be done in writing; and may at any time be amended or withdrawn. 45
PART 4 Functions of MECS
Functions of MECS
9. (1) Every MEC must— (a) monitor the implementation of the provincial land transport policy and, where 50
necessary, any investigations conducted into matters arising from implemen- tation, and cause the necessary adjustments, if any, to be made to that policy:
(b) strive to ensure that the money available for land transport matters is applied in an efficient, economic, equitable and transparent mmner;
(c) assist planning authorities that lack the necessary staff or resources. in 55 meeting their responsibilities and performing their functions and duties with regard to land transport.
i (1 No. 2149.3 CXI)VERNNIENT GAZETTE. 23 AUGUST 2000 — .-. —.—..
Ac( ?J(). 22, 2000 N.ATIONAL, LAND TRANSPORT TR,LNSrTIONA CT. 2000
(2J Every MEC must, by notice in the Prolincia] Gay[rc, from 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 )(b) of the Organised Local Government Act, 1997 (Act No. 52 of 1997), publish provincial land transport policy, including, but not limited te 5
(a) the province’s goals concerning land transport; (b) the policy objectives to be pursued to achieve those goals; and (c) the key performance indicators, and the targets to be met, to monitor the
implementation of such policy and provincial norms and standards and comparing them with national norms and standards. 10
(3) Whenever any proposals relevant to determining or amending the provincial transport policy is to be considered. the MEC must by notice in the Provincial Gazette make known those proposals and in that notice invite interested parties and the public to comment on the proposals and make representations with regard thereto.
(4) Every MEC must prepare a provincial transport framework for the relevant 15 province in accordance with section 22.
PART 5 Transport Authon”ties: Matters of National Concern
Principles for establishment of transport authorities for transport areas
10. (1) Transport authorities may be established for transport areas by a written founding agreement between—
(a) the MEC and a single municipality; or (b) the MEC and municipalities whose areas of jurisdiction fall wholly or partly
within the transport area. (2) The Minister must be a party to the founding agreement contemplated in
subsection (1) if the Minister provides funding for the transport authority, but only in relation to those issues for which such funding is provided.
(3) Transport authorities may be established if their effect is to improve transport service delivery in the local sphere of government by grouping transport functions into a single, well-managed and focussed institutional structure.
(4) Subsection (1)(a) and (b) also apply to municipalities whose areas of jurisdiction or parts thereof are situated in an MTA, in which case the MEC must withdraw the notice under which the area or areas of the municipality or municipalities concerned were included in the MTA under the Urban Transport Act, 1977 (Act No. 78 of 1977).
(5) The MEC may not unreasonably withhold consent for the establishment of a transport authority.
(6) The founding agreement must be in writing and reflect the agreement reached between the parties and provide at least for the following:
(a) The parties to the agreement; (b) the basis for the establishment of a governing body for the transport authority
and the structure thereofi (c) operational, financial and procedural arrangements, including voting proce-
dures; (d) a point-to-point description of the boundaries of the transport area or, where
such boundaries coincide with municipal boundaries, a reference to such municipal boundaries or a reference to such municipal boundaries as they may change from time to time.
(7) The MEC must publish founding agreements, after their conclusion, in the relevant Provincial Gazetfe and declare the relevant area as a transport area by such publication.
(8) A transport authority so established is a juris[ic person separate from the participating municipality or municipalities.
(9) De::>ite the provisions of any other law, a transport authority may not be placed in liquidatioil.
(10) A transport authority is governed and controlled by the governing body appointed for it in accordance with its founding agreement, which must consist solely of councillors of the constituent municipality or municipalities, the number of which is determined in the founding agreement.
(11) The technical, professional, administrative, clerical and other work of a transport authority may be performed by—
20
25
30
35
40
45
50
55
60
GOVERNMENT GAZETTE, 23 AUGUST 2000 No, 21493 i~
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22.2000
(a) the municipal administration of one of the participating municipalities specified in that agreement;
(b) any one or more specified departments in the municipal administration of one or more participating municipalities so specified; or
(c) a transport executive as a separate body under the auspices and subject to the control of the transport authority.
(12) A province may provide staff or other assistance to a transport authorit{ to enable it to perform its professional, technical, administrative and other work.
(13) Subject to legislation applicable to local government, a transport authority must perform the following functions, as well as those assigned to it by provincial laws:
(u) Subject to section 20(4) and (5), in its capacity as planning authority, prepare transport plans for the transport area, and be responsible for the implementa- tion thereof, and monitor its performance in achieving its goals and objectives;
(b) develop land transport policy within its area based on national and provincial guidelines, which includes its vision for the area, and incorpomte spatial development policies on matters such as densification and infilling as well as development corridors;
(c) perform financial planning with regard to land transport within or affecting the transport area, with particular reference to transport planning, infrastructure, operations, services, maintenance, monitoring and administration;
(d) manage the movement of persons and goods on land by co-ordinatin.g such movement;
(e) encourage, promote and facilitate public consultation, participation or involvement through hearings, seminars and workshops and any other means that are appropriate to ensure effective communication with customers, communities, organised labour and transport operators, and the Minister may prescribe requirements and procedures in this regard;
(~) subject to section 20(4) and (5), call for tenders for public transport services to be operated in terms of commercial service contracts and subsidised service contracts, prepare tender specifications and documents for that purpose, evaluate the tenders received and the award of the tenders, but this function may be undertaken after the date of declaration of the transport authority under subsection (7), but not later than a date to be determined by the Minister in agreement with the transport authority and the relevant MEC.
(14) A transport authority may be dissolved only if all of the parties to the transport authority have entered into an agreement in terms of which proper arrangements are made for dissolution of the authority and for—
(a) succession to the assets, liabilities and commitments of the transport authority upon dissolution;
(b) the continuation and finalisation of any projects and work commenced by the transport authority before dissolution;
(c) the responsibilities, obligations and duties of the municipality or each of the municipalities party to the transport authority with regard to the execution or implementation of any other commitment made or decision taken by the transport authority in the exercise or performance of its functions; and
(d) the date on which the dissolution is to take effect. ( 15) The Minister may by notice in the Government Gazette publish a pro forma
founding agreement which sets out minimum terms to be included in all founding agreements.
Factors relevant to determining boundaries of transport areas
11. (1) The MEC and the municipality or municipalities that propose to enter into a founding agreement, must when considering the formation of a transport area, have due regard at least to-
(a) dominant passenger movements; (b) economic interdependency between inhabitants; (c) integrated land use and transport development potential; (d) the extent to which public transport services are provided and operutecl
effectively and efficiently within the area; (e) demographic, natural and geographical factors and characteristics; {J() whether there is a capacity within the are~ to perform and carry out any
5
10
15
20
25
30
35
40
45
50
55
60
,.: :... .L,
18 No. 21493 GOVERNMENT GAZETTE. 23 AUGUST 2000
Act No. 22.2000” N.\TIONAL LAND TRANSPORT TRANSITION ACT, ‘2000
technical or specialised functions or work necessary for or arising from the governance of a transport area in terms of this Act;
(,$’) other criteria. if any, that may be prescribed by a law of the province and are not inconsistent with this Act.
(2) The Minister or the MEC may prescribe matters to be considered with a view to determining the boundaries of transport areas in addition to those mentioned in subsection (1), and procedures for such determination.
(3) The MEC must consult with the members of the executive council responsible for local government affairs and for finance of the province concerned before a decision is taken as to the formation of a transport area.
Transport areas and transport authorities extending across provincial boundaries
12. (1) Subject to subsection (2) and to the conclusion of a founding agreement that complies with provincial legislation, the MECS of two or more provinces may enter into an agreement which gives authorisation for—
(a) the formation of a single transport area extending across one or more of the common provincial boundaries and comprised of the jurisdictional areas, or part thereof, of municipalities falling within the respective provinces; and
(b) the establishment of a single transport authority for such a transport area. (2) Such an authorizing agreement maybe concluded only if—
(a)
(b)
(c)
the affected area falling in one province is contiguous to the affected area falling in the other province or, as the case may be, one or more of the other provinces concerned; and the municipalities concerned have agreed in principle on the establishment of a transport authority for a transport area consisting of their jurisdictional areas jointly; and those MECS are satisfied that those jurisdictional areas, taken together, meet the requirements for a functional transport area, due regard being had to section 11.
(3) The agreement must further provide that, in relation to the transport area and the transport authority that may be established for it, one of those MECS, who must be identified in the agreement, is the nominated MEC as regards any powers and duties which, in terms of this Act, may be exercised or must be performed by the MEC with regard to a transport area or its transport authority.
(4) The MEC may enter into such an agreement only after consultation with the members of the executive council responsible for local government affairs, and for planning, of the provinces concerned.
Finances of transport authorities
13. (1) Every transport authority must— (a)
b)
(c) (d)
(e)
U)
conduct its affairs in an effective, economic and efficient manner so as to optimise the use of its resources in addressing the land transport needs of the community in its area and those traveling to and from that area; conduct its financial affairs in an accountable and transparent manner and have proper accounting records kept in accordance with generally accepted accounting practice; prepare a financial plan as an integral part of its transport plans; structure and manage its planning, administration and budgeting processes in a manner that gives priority to the basic transport needs of the community in its area and those having to be moved to and from that area, and that supports the implementation of national and provincial transport policy; manage its financial resources in a manner that enables it to meet its objectives and make therri sustainable; and regularly monitor and assess its progress in achieving the objectives set out in its transport plans.
(2) Subject to the approval of the governing body, the chief executive officer of the transport authority must open an account in the name of the authority with a registered banking institution in which all moneys received by the authority are to be deposited and from which its expenses are to be paid.
(3) Every transport authority must establish and maintain an internal audit and control system with a view to ensuring proper financial control.
(4) A transport authority, in awarding contracts for goods and services, must apply a
5
10
15
20
25
30
35
40
45
50
55
60
GOVERNMENT GAZETTE, 23 AUGUST 2000 NO.2J493 19
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22.2000
system which is fair, equitable, transparent, competitive and cost-effective, and which is in accordance with the Preferential Procurement Policy Framework Act, 2000 (Act No. 4 of 2000), and relevant provisions of the Local Government Transition Act, 1993 (Act No. 209 of 1993), which wiIl apply with the changes required by the context.
(5) The Minister may, after consulting the Minister of Finance in the national sphere 5 of government and the MECS, prescribe responsibilities find duties of transport authorities concerning financial and fiscal matters.
(6) The financial and fiscal matters may, among others, relate tc+ (a) the financial records and accounts to be kept and the financial statements to be
prepared; 10 (b) the auditing of those records, accounts and financial statements which may
only be audited by a person registered and practicing for own account as a public accountant and auditor;
(c) the time allowed for the submission of its audited financia! statements to the governing body, the participating municipalities and [he MEC; 15
(d) consequences and procedures where persons cause the transport authority financial 10SS or damage, or where unauthorised expenditure has been incurred;
(e) procedures to be followed and measures to be taken to remedy the situation where the financial position of a transport authority has unduly deteriorated; 20
(m procedures applicable to the preparation and compilation of the budgets of transport authorities;
(g) procedures and requirements for the procurement of goods and services, subject to subsection (4);
(h) the investment of the moneys of transport authorities; and 25 (i) the charging of fees for or the generating of revenue from services rendered by
transport authorities. (7) The financial year of transport authorities must coincide with the municipal
financial year.
Use of funds received by transport authorities 30
14. A transport authority must use moneys— (a) received from the Minister under section 15( 1 )(b); (b) received by the relevant province under section 16( l)(b); (c) received from its participating municipalities under section 17,
for the performance of that authority’s functions in terms of this Act or a replacing 35 provincial law, to meet the expenditure incurred by it in the performance of work arising from or otherwise connected with those functions or the performance thereof and to give effect to the national and provincial land transport policy.
PART 6 Interim Funding Arrangement.v for Land Transport
Minister may provide funds for land transport
15. (1) (a) For the performance of the Minister’s functions in terms of this Act and to meet the expenditure incurred by the Department in the performance of work arising from or otherwise connected with those functions, the Minister must use moneys appropriated by Parliament for that purpose. 45
(b) The Minister may, from funds contemplated in paragraph (({), make moneys available to provinces, municipalities or transport authorities to assist them in performing their functions in terms of this Act or replacing provincial laws.
(2) The moneys made available under subsection (1) are to be applied so as to give effect to the national and provincial land transport policy and achieve the objects and 50 purposes of this Act and replacing provincial laws and the Minister may for that purpose impose conditions that are considered fit and are not inconsistent with this Act, including conditions relating to specific purposes for which [he moneys tire to be utilised.
(3) Moneys made tivailoble under subsection ( 1 )(b&— (a) for use for a particular or specified purpoie. may not be Llsed for any other 55
purpose; or (b) subject to speciticd conditiom. nl:ly not be dealt with contrary to thow
conditions.
20 N“(). 2 I 493 GO’iERNAIENT G.AZHTE. 2.? AUGUST 2000
Act N(J. 22,2000 NATIONAL LAND TRANSPORT TRANSITION ACT. 2000
MEC may provide funds for land transport
16. (1) (u) For the performance of the MEC’S functions in terms of this Act or a replacing provincial law and to meet the expenditure incurred by the provincial department in the performance of work arising from or otherwise connected with those functions the MEC must use moneys received from the Minister or appropriated by the 5 relevant provincial legislature for that purpose.
(b) The MEC may, from funds received or appropriated under paragraph (u), make moneys available to municipalities or transport authorities to assist them in performing their functions in terms of this Act or replacing provincial Iaws.
(2) The moneys made available under subsection (1) are to be applied so as to give 10 effect to the national and provincial land transport policy and achieve the objects and purposes of this Act and replacing provincial laws and the MEC may for that purpose impose conditions that are considered fit and are not inconsistent with this Act and replacing provincial laws.
(3) Moneys made available under this section— 15 (a) for use for a particular or specified purpose, may not be used for any other
purpose; or (b) subject to specified conditions, may not be dealt with contrary to those
conditions. (4) Where a transport authority is established and becomes responsible for the 20
function mentioned in section 10(13)(J9, the MEC must transfer to that transport authority a share, to be determined after consultation with the Minister and the transport authority, of the amount appropriated by Parliament for the relevant province in the Division of Revenue Act for that function for that specific financial year.
Municipalities may provide funds for land transport 25
17. A municipality may appropriate money to make contributions to the transport authority of which it is a part, for use as contemplated in section 14.
PART 7 Transport Planning
General principles for transport planning, and its relationship with land 30 development
18. (1) Land transport planning must be integrated with the land development process, and the transport plans required for that purpose by this Act are designed to give structure to the function of “municipal planning” mentioned in Part B of Schedule 4 of the Constitution, and must be accommodated in and form an essential part of integrated 35 development plans, with due regard to section 84(l)(a), 84(2) and 84(3) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), and for this purpose—
(a)
(b)
where the relevant planning authority is a municipality contemplated in section 20( 1)(c), the plans mentioned in paragraphs (c) to (g) of subsection ( 1 ) 40 of section 19 must form the transport component of the integrated development plan of the municipality; where the jurisdictional area of a municipality falls wholly or partly in a transport area or MTA, the plans mentioned in paragraphs (c) to (g) of that subsection constitute the transport component of the integrated development 45 plans of such municipality in respect of that part of its jurisdictional areas that falls within the transport area or MTA.
(2) Subject to this section, land transport planning must be so carried out so as to cover both public and private transport and all the modes of land transport relevant in the area concerned, and must focus on the most effective and economic w-y of moving from 50 one point to another in the system.
(3) Transport plans must be developed so as to-- (a) enhance the effective functioning of cities, towns and rural areas through
integrated planning of transport infrastructure and facilities, transport operations including freight movement, bulk services and public transport 55 services within the context of those integrated development plans and the land development objectives set in terms of section 27 of the Development
GOVERNMENT GAZETTE, 23 AUGUST 2000 No, 21493 21
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22, 2000
Facilitation Act, 1995 (Act No. 67 of 1995), or, where applicable, land development objectives of that nature set in terms of relevant provincial laws;
(b) direct employment opportunities and activities, mixed land uses and high density residential development into high utilisation public transport corridors interconnected through development nodes within the corridors, and disc our- 5 age urban sprawl where public transport services are inadequate;
(c) give priority to infilling and densificat./on along public transport corridors; (d) give higher priority to public transpofi than private transport by ensuring the
provision of adequate public transport services and applying travel demand management measures to discourage private transport; 10
(e) enhance accessibility to public transport services and facilities, and transport functionality in the case of persons with disabilities; and
(j minimise adverse impacts on the environment. (4) Transport planning must be viewed as a continuous process by which planning
authorities professionally develop and implement integrated pl?blic transport services 15 for their areas.
(5) A planning authority must, unless clearly inappropriate or not reasonably practical in the circumstances, in preparing any transport plan, ensure co-ordination and integration within and between land transport modes so as to optimise the accessibility and utilisation of public transport services, facilities and infrastructure. 20
(6) The MEC must ensure the co-ordination of the planning processes of all planning authorities under the jurisdiction of the province and, in so doing, must ensure that all plans address—
(a) public transport services operating across the boundaries of the areas of planning authorities; 25
(b) road and rail networks; (c) freight movements; (d) the needs of special categories of passengers; (e) rivalry between neighbounng planning authorities that may result in the
duplication or over-supply of transport facilities and infrastructure in the 30 region;
~) the integration of transport and land use planning within the context of the Development Facilitation Act, 1995 (Act No. 67 of 1995), or any other similar provincial law.
~pes of plans required by Act 35
19. (1) The following plans are required for the purposes of this Act: (a) A national land transport strategic framework provided for in section 21; (b) provincial land transport frameworks provided for in section 22; (c) current public transport records provided for in section 23; (d) operating licences strategies provided for in section 24; 40 (e) rationalisation plans provided for in section 25; ~) public transport plans provided for in section 26; (g) integrated transport plans provided for in section 27.
(2) The relationship and sequence of transport plans which are illustrated in Figures 1 and 2, are as follows: 45
(a) The Department must prepare a national land transport strategic framework to guide land transport planning countrywide;
(b) every province must prepare its initial provincial land transport framework as an overall guide to transport planning within the province;
(c) every transport authority and core city, and every municipality required to do 50 so by the MEC, must prepare a public transport plan of which a current public transport record and an operating Iicences strategy, and, if it has subsidised public transport services, a rationalisation plan, form components;
(d) transport authorities and core cities, and other municipalities requested by the MEC, must prepare an integrated transport plan of which the public transport 55 plan forms a component;
(e) every province must prepare subsequent provincial land transport frameworks which, in addition to the provision of subparagraph (ii), must summarise the local plans in the province.
(3) Subject to section 20(4) and (5), provincial transport frameworks must include the 60 planning of both intraprovincial and interprovincial long-distance services, which must
22 \(). 214fl.i G()\’FRN\lEV GAZETTE. 23 AUGUST 2000 .——
,tc, ~,). ~~, 2000 h’/\Tl O\ Al. I..\Xl) Tl, grants. consideration or other advalltuge,
36 No. 21493 GOVERN\fENT GAZETTE. 23 AUGUST 2000
Act No. 22,2000 NATIONAL, LAND TRANSPORr TRANSITION ACT. 2000
whether financial or otherwise, which is not available on the same terms and conditions to all other potential operators;
(ii) the direct or indirect guarantee or honourirrg of any of the obligations of the operator, including the arrangement or facilitation of the granting of any such loan; 5
(iii) the direct or indirect provision of a loan bearing no interest, or interest at a substantially Iower rate than would be available commercially to a similar operator under similar conditions, or a loan in respect of which interest payments are deferred for a period of more than six months, including the arrangement or facilitation of the granting of any such loan; 10
(iv) allowing an operator to make use, or failing to prevent an operator from making use, of any public resources, including infrastructure, property, facilities, assets, human resources, systems, expertise or intellectual property, or facilitating such action, which would not be available to another similar operator on the same terms and conditions. 15
Involvement of municipalities and transport authorities in public transport services
49. (1) A transport authority may not operate any public transport service, but may own movable or immovable assets relating to such a service which are leased or otherwise made available to public transport operators, if such assets are made available 20 to operators with due regard to the transport plans of such authority and to sections 9 and 217( 1) and (2) of the Constitution.
(2) Unless it complies with section 48— (a) a municipality that is a party to a transport authority may not conclude a
subsidised service contract with that transport authority; 25 (b) no municipality may conclude a subsidised service contract with any other
transport authority, a province or any other municipality y; and (c) no body established by a municipality to conduct public transport operations
may tender for any commercial service contract or subsidised service contract. (3) Subject to section 47(3), no moneys made available for the purposes of this Act 30
may be used in connection with the operation of a public transport service by a municipal transport operator or parastatal transport operator otherwise than in accordance with a commercial service contract or a subsidised service contract.
(4) Subsections (2) and (3) do not preclude any municipality from operating a municipal public transport service at its own cost. 35
Commercial service contracts
50. A planning authority may, by notice in the Provincial Gazette and in a newspaper generally circulating in the area where a public transport service is to be operated, invite tenders from public transport operators for the operation of that service in terms of a commercial service contract. 40
Withdrawal of operating licence or permit in rationalisation of public transport services
51. (1) (a) When a planning authority proposes to rationalise th~ operation of the public transport services in its area or where a transport plan reveals that there is a surplus of public transport services on a particular route, as a result of which an existing 45 non-contracted public transport service is no longer required, the planning authority must use its best endeavors to offer the holder of the operating licence or permit in question any viable alternative service or services in the place of the existing service.
(b) Such an offer may not be refused unreasonably by that holder. (c) Where the offer of any viable alternative service or services has been accepted— 50
(t’) the holder of the existing operating licence or permit must apply forthwith to the board in accordance with this Act and applicable provincial laws for the granting of the necessag operating Iicence or operating licences with regard to the alternative service or services;
(ii) the planning authority must forthwith furnish its recommendations to the 55 board;
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21493 37
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
(iii) that holder must surrender the operating licence or permit for the existing service to the board when it has decided the application.
(2) (a,l If the planning authority is unable to offer any viable alternative service or services to the holder of the existing operating licence, or such holder has refused to accept such alternative service, that authority may apply to the board to withdraw the operating licence.
: b) The board, upon receipt of such an application, in writing, must notify the holder of the existing operating Iicence accordingly, and request the holder to furnish reasons, within the time mentioned in the notification, why the existing operating Iicence should not be withdrawn.
(c) If, after having considered the application and the reasons and representations, if any, furnished by the holder of the existing operating licence, the board is satisfied that the operation of the public transport service to which the existing operating licence or permit relates, is inconsistent with the proposed new public transport plan, the board may withdraw the existing operating Iicence or permit.
(d) The effective date of such withdrawal is when the relevant plan becomes operative or a date six months as from the date of the board’s decision, whichever occurs last, and the board must by written notice inform the holder of the existing operating Iicence or permit accordingly.
(3) Where an operating Iicence or permit is withdrawn in terms of subsection (2), the planning authority is liable to pay fair compensation to the person who was the holder of that operating licence at the time of its withdrawal, for 10SS suffered as a result of the withdrawal, unless—
(a) that holder unreasonably refused the offer of an alternative service; (b) there are other grounds which, in terms of this Act, justify the withdrawal of
that operating licence; (c) the public transport service to which that operating Iicence relates on the route
or routes in question, is supported financially or operated by a municipal transport operator that is not yet financially ringfenced or is funded wholly or partly by the State; or
(d) that holder has failed to register as a taxpayer in terms of the Income Tax Act, 1962 (Act No. 58 of 1962), where such holder is required by that Act so to register.
(4) That compensation must be calculated in accordance with guidelines determined by the Minister in consultation with the MECS, and published by notice in the Government Gazette, and must be best suited to the circumstances and conditions prevailing in the province, and the Minister in consultation with the MECS must prescribe a minimum amount of such compensation.
(5) A notice in terms of subsection (2)(c) must be sent to the holder of the withdrawn operating licence or permit within the period and in the manner as prescribed by the MEC so as to give that holder sufficient opportunity to submit a claim for compensation and which must, in the manner so prescribed, set out in detail the manner in which the claimed amount is calculated and substantiate the amount claimed.
(6) (a) The planning authority and such a holder must use their best endeavors to reach agreement on the amount of the compensation within the guidelines determined by the Minister in terms of subsection (4).
(b) Should the parties fail to reach agreement as to such an amount, they may approach any competent court having jurisdiction to decide the matter.
PART 11 Registrations
National Transport Register
5
10
1.5
20
25
30
35
40
45
50
52. (1) The Minister must designate an officer in the Department to keep and maintain a National Transport Register.
(2) In such Register must be recorded the information about associations, public transport services and operators, the vehicles used for operating those services and any 55 other relevant information derived from the provincial registers, that may be prescribed by the Minister from time to time.
(3) The purpose of the National Transport Register is to serve as a data base to monitor the implementation of formalisation of the public transport industry and to serve as input to the government’s progmmme of economic assistance to that industry. 60
3s N,), 2149? GOVERN\lEXT GAZETTE. 23 ,AUGLIST 2000
Act X(). 22.2000 IiATIONAL. L,IA’L) TR.4XSIY)RT TRANSITIOX ACT. 2000
(4) (a) Subject to subsection (7) of section 6. which :ipplies with [he changes required b~, the context+ the information recorded in the National Transport Register is open to inspection by the public during the Department’s normal ofiice hours.
(b) At the request of any interested person and on payment of the fee, if any. that has been prescribed by the Minister. that official must furnish the person with a certified copy of or extract from any record contained in the Register.
Appointment of Registrars
53. ( 1 ) Every MEC must appoint a fit and proper person as the Registrar for the province on terms and conditions agreed to between the MEC and the member of the executive council responsible for finance, by a date determined by the Minister in consultation with the MECS.
(2) The Registrar so appointed is responsible for receiving, considering and deciding upon applications for the registration of associations and their members, and of non-members, and related matters, at least in respect of the minibus taxi industry as provided for in this Part and Part 17.
(3) Subject to subsection (4), a Registrar must perform the functions of that office independently, fairly and impartially.
(4) Despite the provisions of this Act, any person appointed as a Registrar before the commencement of this Act may continue in office until expiry of the period for which such Registrar was appointed, or for three years after such date of commencement, whichever is the shorter.
PART 12 Registrations and Other Matters relating to Minibus T~i Industry
Functions of Registrar
54. A Re~istrar— (a)
(b)
(c)
receives and, in accordance with this Act and applicable provincial laws. considers and decides on applications for the registration or provisional registration of associations based in the province and their members, and of any non-members so based; in the circumstances determined in this Act, decides on and effects the suspension or cancellation of such a registration of any association or any of its members or any non-member in accordance with such laws; keeps records of all other information required to maintain the National Transport Register.
Registration of association or non-member in one province only
55. (1) (a) An association and any of its members or any non-member that undertakes interprovincial services may not at any time be registered or provisionally registered in more than one province in respect of a particular route.
(b) For the purposes of paragraph (a) and section 57(b)(i), associations and non-members must select the province where they are based and once a selection has been made, it may in the case of an association, be changed only in accordance with a resolution adopted by the members of the association at an annual general meeting of its members in accordance with the association’s constitution.
(2) A registration or provisional registration of an association and any of its members and of any non-metnber, who undertake interprovincial transport in a province while registered in another province, is without any legal force.
(3) After having registered or provisionaHy registered any association whose members undertake interprovincial transport, in accordance with this section, the Registrw concerned must forward a copy of that association’s registration certificate or certificate of provisional registration to the Registrar of each other province to or from which public transport services are operated by that association’s members.
5
10
15
20
25
30
35
40
45
50
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21493 39
NATIONAL LAND TRANSPORT TRANSITION ACT, 20(XI Act No. 22, 2000
Provisional registration and full registration of associations and non-members registered under prow”ncial laws
56. (1) Any association and any non-member which, immediately before the commencement of this Act, was registered in terms of any provincial law, is regarded as an association or non-member registered provisionally for a period ending on a date to 5 be determined by the MEC by notice in the Provincia[ Ga:ef?e after consulting the Minister and the other MECS.
(2) The provisional registration of an association or non-member in terms of subsection (l), lapses on whichever one of the following events takes” place first:
(a) When the period mentioned in subsection (1) expires; 10 (b) when the provisional registration is converted to fu]] registration in terms of
provincial laws. (3) The provisional registration ot a non-member may not be converted to full
registration unless the non-member— (a) has had each permit held by that non-member converted to an opemting 15
Iicence; and (b) holds an operating licence for each vehicle by means of which the
non-member opermes a public transport service; and (c) has subscribed to the Code of Conduct applicable in the province.
Direct full registration of associations 20
57. Associations qualify for full registration only if— (a) every member of the association—
(i) holds an appropriate operating licence for each vehicle by means of which the member operates a public transport service; and
(ii) operates the public transport service to which such an operating Iicence 25 relates, in compliance with the terms of, and conditions attached to, the authorisation conferred by the operating licence;
(iii) has had all permits held by that member converted to operating Iicences; (iv) has subscribed to a constitution that complies with this Act;
(b) the association’s application for registration has been made— (i) to the Registrar of the province where it is based; and
(ii) by the association’s authorised representatives in the manner provided for in this Act and applicable provincial laws;
(c) the association complies with relevant provincial laws in all other respects.
Registration of members
30
35
58. Where an association has been provisionally or fully registered, the Registrar must register every member thereof in respect of which the required information has been provided in the relevant application form, as a provisional or full member of that association, as the case may be.
Issuing of certificates and distinguishing marks upon registration or provisional 40 registration
59. (1) The Registrars must liaise with one another so as to ensure that the registration numbers allocated by each of them to associations, their members. and non-members are unique.
(2)(u) Where a member or non-member that is registered, is engaged in interprovin- 45 cial transport, the Registrar must in addition issue, in the manner and form prescribed by the Minister, a distinguishing mark for each vehicle of the registered member or non-member that is used under the authority of an appropriate operating licence to operate the interprovincial transport.
(b) Where a member or non-member thtit is provisionally registered is engaged in 50 inter-provincial transport, the Registrar must in addition issue, in the manner and form prescribed by the Minister, a distinguishing mark for each vehicle of the provisionally registered member or non-member(-
i) that is so used under the uuthofity of M uppropria[e operating ]icence or permit; or 55
(ii) in respect of which the provisionally registered member ut- nolvrncmber has rnde app]icutioll for an appropriate operating [l~erl~c ill &KXOKhIIC~ with this Act and relevant provincial laws.
40 No. 2149.3 GOVERNMENT G.AZEITE. U AUGUS”r 2000 ———
Act No. 22, 2000 NATIONAL LAND TRANSPORT TRANSITION ACT, 2000
(3) The Minister may, in consultation with the MECS, prescribe the minimum particulars to be contained in any registration certificate or certificate of provisional registration to be issued for interprovincial transport.
Requirements for constitutions of associations
60. The constitution of an association must for the purposes of full registration 5 comply with the minimum requirements, if any, prescribed by the Minister in consultation with the MECS.
Minister to determine minimum requirements for codes of conduct
61. Every MEC must prescribe a Code of Conduct for operators of minibus taxi-type services in the province, and the Minister may, in consultation with the MECS, prescribe 10 the matters which, as a minimum, must be included in such a code of conduct.
Benefits of registration
62. (1) Only registered or provisionally registered associations, members and non-members may receive financial assistance from any organ of state in any sphere of government or from any transport authority or core city, for the purposes of establishing 15 or operating a co-operative for minibus taxi operators.
(2) Only registered members and registered non-members are eligible to be awarded a commercial service contract or a subsidised service contract.
(3) An organ of state, a transport authority and a core city may not render financial assistance for any purpose relating to public transport to any operators of minibus 20 taxi-type services who are not registered or provisionally registered members or non-members, or to any associations that are not so registered, except assistance relating to training or instruction.
CHAPTER 3 MATTERS OF PROVINCIAL CONCERN
PART 13 Functions of MEC
Functions of MEC
63. (1) The MEC must, in addition to the functions contemplated in section 9— (a) facilitate the increased utilisation of public transport for the province; 30 (b) take the necessary steps to promote co-ordination between transport
authorities and other planning authorities in the province, or between such authorities and the province, with a view to avoiding duplication of effort;
(c) in taking any measures to promote public transport—
25
(i)
(ii)
(iii)
(iv)
fu~her~ within overallland transport objec~ives, the reasonable safety of 35 passengers; encourage efficient and commercial conduct on the part of transport operators in their provision of public transport services, and encourage competitive tendering for contracts and concessions; further a strategic and integrated approach to the provision of public 40 transport; further or encourage the efficient use of energy resources, and limit or reduce adverse environmental impacts to the minimum;
(d) promote public transport so that— (i) it is effective in meeting user needs; 45
(ii) it operates efficiently as regards the use of resources; (iii) the services provided, are of an acceptable quality and are readily
accessible and are operated in conjunction with effective infrastructure provided at reasonable cost;
(iv) in the operation of public transport services, high priority is given to 50 safety;
(e) strive to ensure that in the promotion of integrated transport due consideration is given to the needs of transport users;
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21493 41 .—.———
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
(# promote the performance of integrated transport planning in the province and cause to be prepared a provincial transport framework in accordance with section 22;
(g) where this Act requires public consultation and participation before taking any decision or performing rimy official act, prescribe the procedures to be 5 followed in this regard.
(2) Where at the commencemer” of this Act, the province has been undertaking planning of public transport, other than of services contemplated in section 20(4), which in terms of the Constitution should be undertaken by municipalities, the MEC and the planning authorities concerned must make arrangements for the transfer of the planning 10 functions to the planning authorities concerned.
Regulations by MEC
64. (1) The MEC may make rcgukrtions with regrr~d to any matter which, in terms of this Act, may or must be prescribed by an MEC under this Act.
(2) The regulations may, in appropriate cases, provide that any person who 15 contravenes a provision thereof or fails to comply therewith, is guilty of an offence and on conviction is liable to imprisonment not exceeding three months or a fine.
(3) Any regulation made in terms of any previous law and in force immediately before the commencement of this Act with regard to matters in relation to which the MEC, in terms of subsection (1), is competent to make regulations, is regarded for the purposes 20 of this Act, as regulations made in terms of that subsection until such time as the MEC makes a superseding regulation under this section.
(4) The MEC may— (a)
(b)
set maxim-urn or minimum fares for subsidised public transport by rail, if the Minister has assigned the rail function to the province concerned; 25 by notice in the Provincia[ Gazette, set norms and standards in respect of matters relating to the operation of subsidised public transport services by road that are subsidised from the provincial budget, and related infrastructure, to the extent that this function has been assigned to the province.
PART 14 30 Transport Authorities: Matters of Provincial Concern
Agreements for formation of transport areas and transport authorities
65. (1) Transport authorities may be established for transport areas, only as provided for in this Part and Part 5 and only if the functions of such authority in relation to the functions of the municipalities involved complies with the Constitution and with 35 sections 84 and 85 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).
(2) The parties to a founding agreement may agree to amend the boundaries of the transport area concerned, provided that should such amendment involve the area of an additional municipality, the transport authority, if already established, must be dissolved 40 in terms of section 71 and reconstituted.
Declaration of transport areas, and concomitant establishment of transport authorities
66. (1) Not later than 14 days after the conclusion of an agreement mentioned in section 65, the MEC must, by notice in the Provincial Gazette— 45
(a)
(b)
(c)
publish the founding agreement, which must comply with the requirements of section 67; declare the area concerned to be a transport area, and assign to it the name provided for in that agreement; where applicable, withdraw, in the manner provided for in section 3(1)(c) of 50 the Urban Transport Act, 1977 (Act No. 74 of 1977), the notice by which the area or areas of the municipality or municipalities concerned had been included in the relevant MTA under paragraph (a) or (b) of section 3(1) of that Act; and
42 No. 21493 GOVERNN!ENT GAZETTE. 23 ALJGUST 2000
Act N(I. 22.2000 NATIONAL L.AND TRANSPORT TRANSITION ACT, 2000
(d) in accordance with and subject to the founding agreement, establish for that transport area a transport authority with effect from the date specified for that purpose in the founding agreement.
(2) A founding agreement. upon having been so published, has the force of law, and no amendment thereof has any legal force o!- effect until the amendment is published by 5 notice in the Provincial Gazette by the MEC.
Requirements for founding agreements
67. The founding agreement must be in writing and provide at least for the following: (a) A declaration by the contracting parties affirming their agreement on the
establishment of a transport authority for the transport area concerned; (b) the name to be assigned to the transport area; (c) the date with effect from which that transport authority is to be established; (d) the establishment and structure of a governing body for that transport
authority, the number of its members and the manner in which they are to be designated and appointed, but, only a person who serves as a councillor of a municipality party to the founding agreement (hereafter called a participating municipality), may be designated and appointed a member of the governing body;
(e) the designation and appointment of a chairperson and deputy chairperson for the governing body;
(fl voting procedures and members’ voting rights at meetings of the governing body and any committee thereof, where applicable, and mechanisms and procedures for breaking deadlocks in decision-making;
(g) the appointment or designation of a chief executive officer for that transport authority, and the responsibilities, functions and powers attached to that office;
(h) the powers of the governing body that maybe delegated to any of its members or to the chief executive officer of that transport authority;
(i) the venue for the head office of that transport authority and for meetings of its governing body;
(j) the physical address for delivering, sending or serving all correspondence, documents, notices and court process directed to the transport authority;
(k) in the case where the transport area consists of the jurisdictional areas, or parts of the jurisdictional areas, of two or more participating municipalities— (i) the contribution of each participating municipality to the funding of that
transport authority; (ii) the performance of the professional, technical, administrative, clerical,
secretarial and other work arising from, necessary for, or relevant or incidental to, the exercise and performance by that transport authority of its powers and functions in terms of this Act;
(iii) subject to this Act, the requirements to be observed and procedures to be followed by any participating municipality that wants to withdraw from that transport authority, and its responsibilities, duties and obligations with regard to the then current or outstanding commitments and liabilities of that authority: and
(iv) the procedures to be followed for and pursuant to the voluntary dissolution of that transport authority, subject to section 10(13);
(1) the arrangements made for the performance of the professional, technical, administrative, clerical and other work of the transport authority in terms of section 75, if not already covered under paragraph (k)(ii).
Functions and competencies of transport authorities
10
15
20
25
30
35
40
45
50
68. (1) Subject to legislation applicable to local government, a transport authority must perform the functions assigned to it by this Act and may, with the agreement of the MEC or, where applicable, MECs—
(a) promote security in public transport; 55 (b) encourage and promote the optimal use of the available travel modes so as to
enhance the effectiveness of the transport system and reduce traveling time and costs;
(c) develop, operate and maintain a land transport information system;
GOVERNMENT GAZETTE. 23 AUGUST 2000 No. 21493 43 —
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
(d) market and promote and assume responsibility for publicity associated with the public transport system;
(e) provide information to users or potential users of public transport; (-/) in the case of subsidised services, determine fare structures and fare levels,
and concessionary fares for special categories of passengers, and periodically adjust fares in consultation with stakeholders, if the MEC has entrusted the subsidy function$o the transport authority;
(g) in the case of unsubsidised public transport services, set minimum fares; (h) make payments to public transport operators operating public transport
services in terms of subsidised service contracts and concessionary fare agreements to which it is a party, if the MEC has entrusted this function to the authont y ;
(i) institute and conduct investigations into the financial circumstances and operating practices of— (i) persons who, at the time, are existing or potential operators of public
transport services in relation to or in the transport area; or (ii) the holders of operating Iicences who, at the time, are operating public
transport services in relation to or in that area, and, if the holder is a company belonging to a group of companies, afso into those circum- stances and practices of any other company in that group of companies;
(j) introduce or establish, or assist in or encourage, promote and facilitate the introduction or establishment of integrated ticketing systems and determine or prescribe measures for the regulation and control of revenue-sharing among the operators involved in that system;
(k) exercise control over service delivery through— (i) the setting of operational and technical standards, and monitoring
compliance therewith; and (ii) the monitoring of contracts and concessions;
(1) develop, implement and monitor a strategy to prevent, minimise or reduce any adverse impacts of the land transport system on the environment;
(m) in agreement with relevant participating municipalities— (i) take over functions relating to municipal roads;
(ii) apply measures to limit damage to the road system in that part of the transport area.
(2) The MEC and a transport authority may agree— (a) that different functions be undertaken in rural areas as opposed to urban areas
in the transport area concerned; or (b) in the case of a district municipality being a participating municipality that is
a Category C municipality contemplated in section 155(l)(c) of the Constitution, that different functions may be undertaken within the areas of jurisdiction of the Category B municipalities in the area concerned, as opposed to areas outside of such areas.
(3) The transport authority must, with a view to ensuring co-ordinated transport law enforcement within its area, liaise on a continuous basis with the South African Police Service, the relevant provincial and municipal law enforcement authorities or agencies, and the inspectors appointed and serving under the Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998).
(4) A transport authority may, with the agreement of a participating municipality, assume co-responsibility for or assist the participating municipality in the application of traffic management techniques aimed at improving road traffic movement in that part of the transport area that coincides with the jurisdictional area of that participating municipality.
(5) (a) Whenever a transport authonty— (i) faik to perform its functions in terms of subsection(1);
(ii) having undertaken a voluntary function contemplated in subsection (2), fails to perform it; or
(iii) fails to perform such a function properly and effectively in accordance with this Act and applicable provincial laws,
the MEC, by notice in writing addressed to the transport authority through the latter’s governing body or chief executive ofticer, may order that authority to remedy its de foult and perform the function concerned, or, as the case may be, to perform it properly and effectively, not later than the date stated in the notice.
5
:0
15
20
25
30
35
40
45
50
55
60
44 No. 21493 GCVERNMHQT GAZETTE, 23 AUGLST 2000
.4ct No. 22, 2000 NATIONAL LAND TRANSPORT TRANSITION ACT, 2000
(b) Thereupon the governing body and the chief executive officer are responsible to ensure that authority’s speedy compliance with that direction.
(c) If the transport authority fails to remedy its default within the period allowed therefor in the notice, the MEC may—
(i) intervene by taking steps to have the function performed by the provincial department or any other body or person that has the capacity to do so, subject to section 139 of the Constitution; and
(ii) use moneys from the provincial revenue fund that are earmarked for allocation to the transport authority, to pay the costs arising from taking those steps, or recover those costs from the transport authority.
Ancillary powers of transport authorities
69. (1) A transport authority may enter into an agreement with a municipality that is not a participating municipality in terms of which the transport authority is to exercise or perform on behalf of that municipality, any power or function entrusted to the municipality by or in terms of this Act or applicable provincial laws.
(2) The transport authority may only enter into such an agreement if it is competent in terms of this Act and applicable transport legislation to exercise or perform the same or a similar power or function with regard to its transport area.
(3) An agreement in terms of subsection (1) may involve the utilisation of funds of a transport authority outside of its transport area, if the MEC and the member of the executive council responsible for finance both agree.
(4) In addition to the powers conferred on it by or in terms of this Act and by or in terms of any provincial laws, a transport authority may perform any legal act or do anything which a juristic person is competent in law to perform or do, except in so far as may be inconsistent with this Act.
Governance of transport authorities
70. (1) A transport authority is governed and controlled by the governing body established for it in accordance with the founding agreement in force in respect of that authority, which must consist of councillors of the constituent municipalities.
(2) The governing body represents the transport authority, and all acts performed by the governing body or anyone duly authorised by that body to act in its place, are the acts of that authority.
Dissolution of transport authorities
71. (1) (a) Subject to paragraph (b) of this subsection, a transport authority may be dissolved only as provided for in this section.
(b) Paragraph (a) does not affect the capacity of any MEC for local government, when acting in terms of section 14 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), to make any arrangements having the opposite effect, nor does it detract from the legal force and effect of any arrangements so made.
(2) A transport authority must be dissolved in terms of subsection (1) if the following requirements have been met:
(a) Where there is only one municipality party to the transport authority, it has decided to terminate its participation in the transport authority and has notified the MEC in writing of the decision;
(b) where there are two or more municipalities party to the transport authority— (i) the municipalities concerned have agreed in principle that the transport
authority be dissolved, and have so notified the MEC of that fact; (ii) one or some, as the case may be, of those municipalities has or have
decided to terminate its or their participation in that transport authority as the case may be, and every municipality that has so decided, has so notified the MEC and the otier municipality y, or, each of the other municipalities as the case may be, of the decision;
(c) the MEC, within 30 days after having been so notified, has— (i) by notice published in the Provincial Gazette and a newspaper generally
read in the transport area affected by that notification, made known the proposed dissolution of the transport authority concerned;
5
10
15
20
25
30
35
40
45
50
55
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21493 45
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
(ii) invited interested parties to comment and make representations with regard thereto; and
(iii) requested them to furnish those comments and representations, in writing, to the MEC by the date specified in that notice, but a period of at least 30 days must be allowed for that purpose;
(d) if all the parties to the transport authority have entered into an agreement in terrr ‘:, of which arrangements are made, with due regard to the comments and representations, if any, furnished in response to the MEC’S notice in terms of paragraph (c), with regard to the matters listed in section 10(13) but the date of dissolution must be so determined as to allow opportunity for sufficient notice being given in accordance with subsection (4).
(3) If the MEC and the municipality or the municipalities, as the case may be, party to that authority fail to reach agreement on any of the matters mentioned in subsection (2)— .
(a) the matter or matters concerned must be determined by arbitration in terms of the Arbitration Act, 1965 (Act No. 42 of 1965), and the arbitrator’s determination is final and binding;
(b) the arbitrator’s determination is regarded for the purposes of subsection (2) as being part of the agreement contemplated in paragraph (d) of that subsection or, where applicable, as constituting that agreement.
(4) The MEC must, within 30 days of the date of an agreement contemplated in subsection (2) or (3), by notice in the Provincial Gazette and a newspaper generally read in the transport area concerned, make known the dissolution of the transport authority and publish the terms of that agreement, but the date of dissolution must be so determined as to allow opportunity for sufficient notice being given.
Finances of transport authorities
72. (1) (a) The chief executive officer of a transport authority must have proper accounting records kept in accordance with generally accepted accounting practice and procedures so as to fully reflect the income and expenditure of that authority and the state of its financial affairs.
(b) The accounting records must include a revenue account which must be credited with all moneys which accrue to and are received by the transport authority, and must be debited with the expenses incurred by that authority.
(2) (a) Each transport authority must, not later than three months before the end of each financial year, prepare a statement of estimated income and expenditure for the next financial year, which must be submitted to the participating municipality or municipalities for approval by the date to be determined by the MEC, but that authority may at any time during the course of the current financial year submit a supplementary budget for that financial year to the municipality or municipalities for approval.
(b) The transport authority may not incur any expenditure in excess of the total amount, including a supplementary amount of the budget as approved by the municipality or municipalities in terms of paragraph (a).
(c) A transport authority may establish a reserve fund for any purpose connected with its functions in terms of this Act, which has been approved by the MEC, and allocate to the reserve fund the moneys made available for that purpose in the budget, including any supplementary budget approved under paragraph (a).
Delegations by governing body
73. (1) The governing body of a transport authority may delegate any of its powers or functions in terms of this Act, except the power of governance contemplated in section 70 and the power conferred by this subsection, to any member of that governing body.
(2) Any delegation of a power or function in terms of this section does not prevent the governing body from exercising that power or performing that function.
Provisions applicable to delegations
,74. (1) A delegation by the governing body under section 73— (a) may be made on and subject to any conditions determined by the governing
body;
5
10
15
20
25
30
35
40
45
50
55
4(1 No. ?149? GO\”ERNMEh-T GAZETTE, 23 AUCJUST 2000 —
Act N(). 22.2000 X.4TION,4L LA.XD TRANSPORT TRANSITION ACT. X)()()
(b) may be given together \vith the po~ver to subdelegate, on and subject to any conditions so determined. if any:
(c) must be in writing and must contain full particulars of the matters being delegated and of any conditions attached to the delegation. and, where the power of subdelegation is conferred, must state that fact as well as any conditions attached.
(2) The governing body may at any time— (a) amend or revoke a delegation made under section 73; (b) withdraw any decision made by the delegatee with regard to a delegated
matter, and decide the matter itself but a decision made by a delegatee may not be withdrawn where it confers a right or entitlement on any third party.
(3) If the MEC is satisfied that the interests of land transport in the province or the transport area so require, the MEC may by notice in the Pt-ovinciaf Gazette—
~a)
(b)
(c) (d)
prohibit the delegation of an; p&icolar power or function, whether generally or in the circumstances specified in the notice; limit the circumstances in which any particular power or function may be delegated; prescribe conditions for the delegation of any particular power or function; in relation to any power or function specified in the notice, prohibit sub-delegation in the event of the governing body delegating that power or function.
Transport executives
75. (1) The parties to a founding agreement may provide therein— (a) that the professional, technical, administrative, clerical and other work arising
from, necessary for, associated with or incidental to the functioning of the transport authority in terms of this Act or the exercise or carrying out of its powers and functions thereunder, is to be performed for the transport authority by the municipal administration of one of the participating municipalities specified in that agreement or any one or more specified departments in the municipal administration of one or more participating municipalities so specified, and in the latter case the relevant provisions of the Local Government Transition Act, 1993 (Act No. 209 of 1993), apply; or
(b) for the establishment by the transport authority of a body under its auspices and subject to its control (hereafter called a transport executive), to perform all work of that nature or any specified type or category of that work for the trmsport authority.
(2) Where the founding agreement provides for the establishment of a transport executive—
(a) provision may also be made in that agreement that the transport authority, if requested thereto by another transport authority, may make its transport executive available to perform work of that nature for that other authority— (i) in terms of a written agreement entered into between the transport
authorities concerned; (ii) for a fee or against payment of an amount specified in that agreement:
and (iii) in accordance with and subject to—
(au) the standard terms and conditions, if any, stipulated in the founding agreen~ent; and
(bb) the terms and conditions specially stipulated in that agreement; and (b) Provision must be made at least for the following:
‘(i)
(ii) (iii)
(iv)
Where not all the professional, technical, ~dministrative, clerical and associated work of the transport authority is to be performed by the transport executive, specification of the type or category of work for the performance of which the transport executive is to be responsible; the place where ttie offices of the transport executive will be situated; the manner in or procedure according to which the staff establishment of the transport executive is to be determined; and the repository of the power to appoint and dismiss its staff.
5
10
15
20
25
30
35
40
45
50
55
GOVERNMENT GAZETTE, 23 AUGUST 2000 No, 21493 47
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
Joint transport executives
76. (1) The MEC and any two or more transport authorities authorised thereto by their respective participating municipalities may enter into an agreement providing for the formation of a transport executive under the auspices of those transport authorities jointly, to perform, for each of them, the professional, technical, administrative, clerical 5 c~d other work arising from, necessary for, associated with or incidental to its functioning as a transport authority in terms of this Act and exercising or carrying out its powers and functions thereunder (hereafter called a joint transport executive).
(2) In such an agreement provision must further be made for at least— (a) the matters mentioned in section 75(2)(b), which, with the changes required 10
by the context, apply in relation to a joint transport executive; (b) the powers of the participating transport authorities with regard to the exercise
of supe~ision and control over their joint transport executive; (c) the contribution of each participating transport authority to the funding of
their joint transport executive. 15
PART 15 Provincial Operating Licenct’ng Board: Matters of Provincial Concern
Appointment of members of board
77. (1] The board consists of the number of members determined by the MEC by notice in the Provincial Gazette. 20
(2) Section 5 of the Road Transportation Act, 1977 (Act No. 74 of 1977), or replacing provincial laws, applies to members of the board.
(3) (a) Any interested person may make a written request to the board that a board member recuse himself or herself where the person has reason to believe that the member has or could reasonably be expected to have such a financial or other conflict of 25 interest, and such a request must specify detailed reasons.
(b) The member concerned must give due regard to such a written request and decide whether or not to recuse himself or herself in the relevant circumstances.
Duties of board
78. (1) The board must exercise or perform its powers and functions independently, 30 free from governmental, political or other outside influence, and impartially, without fear, favour or prejudice.
(2) The board must meet as often as may be necessary to conduct its business expeditiously and efficiently.
(3) The board must keep minutes of its proceedings and keep records of all 35 applications that have been made to it.
(4) Every board must— (a) keep at its place of business a duplicate original of every operating licence
issued by it, which includes, for the purpose of this paragraph, the duplicate original of such an operating Iicence as renewed, amended or transferred from 40 time to time; and
(b) have the prescribed particulars of each operating licence, which includes, for the purposes of this paragraph, an operating licence as renewed, amended or transferred from time to time, and of its holder and the vehicle to which it relates, entered on the Land Transport Permit System as prescribed by the 45 Minister.
PART 16 Operating Licences: Matters of Provincial Concern
Continuation and conversion of existing permits
79. (1) Subject to this Part, any permit issued for an indefinite period and any permit 50 issued for a definite period which. on the commencement of this Act, has not yet expired, remains in force tempor:uily as provided for in this section.
(2) The holder of such a permit may have it converted to an operating licence in accordance with this Pw-t by applying for the conversion, in the manner prescribed by the NIEC— j~
(a) in the case of a permit for an indefinite period. before the expiry of the period determined by the klinister under section 32’(2);
-lk N(). 21493 CJOVEKA%IENT GAZ.ETTE. 23 AUGUST 2000
Act NO. ~~, 2000 NATIONAL L.,4XD lRANSPORT TRANSITION ,4 CT. 2000
(12) in the case of a permit for a definite period, before the expiry of the definite period or the period contemplated in paragraph (u), whichever occurs first.
(3) A permit mentioned in subsection (1) lapses— (a) where such an application for conversion has not been made-–
(i) in the case of a permit for an indefinite period, on the expiry of the period 5 mentioned in paragraph (a) of subsection (2);
(ii) in the case of a permit for a definite period, on the expiry of the definite period or the period mentioned in that paragraph, whichever occurs first;
(b) wher~such an application has been made, upon the conversion of the permit 10 to an appropriate operating licence in accordance with this Act.
(4) The authority conferred by a permit may not be renewed, amended or transferred unless the permit has first been converted to a operating Iicence in accordance with this Part.
Conversion of permits not allowed in certain circumstances 15
80. (1) A permit may not be converted to an operating licence unless the transport service that it authorises, has been provided on a regular basis for a period of at least 180 days before the date on which application is made for conversion, except where the permit was issued less than 180 days before the date of such application.
(2) The applicant must furnish proof to the satisfaction of the board that the 20 requirement set by subsection (1) has been met, by supplying written confirmation from the relevant planning authority, or by such other method as the board deems sufficient.
Manner of converting permits to operating licences
81. (1) Subject to this Act, an operating licence issued in place of a permit pursuant to the conversion contemplated in section 79, must confer the same authority as that which 25 had been conferred by the permit, except that route descriptions that are considered by the board to be vague or inadequate, may be improved.
(2) In the case of the conversion of a permit for a scheduled service— (u) that authorises the operation of that service within a defined area, the
operating licence to which that permit is converted, must authorise the 30 operation of that service according to one or more routes that are specified in detail, based on the holder’s actual operations for the period of 180 days prior to the date of application, and must set out the timetable for that route or each of them, as the case may be;
(b) where that service is provided in terms of an interim contract or current 35 tendered contract, the operating licence to which that permit is converted, must be made specific to that contract,
(3) In the case of the conversion of a permit for an unscheduled service— (a) which is not a metered taxi service, that authorises the operation of that
service within a defined area, the operating Iicence to which that permit is 40 converted, must— (i) authorise the operation of that service according to one or more routes.
based on the holder’s actual operations for the period of 180 days prior to the date of application; and
(ii) specify the route or routes in detail, except in circumstances where the 45 board on reasonable grounds finds the non-detailed specification of the route or routes justified;
(b) that authorises operation within a particular radius, the operating licence to which that permit is converted— (i) must authorise the operation of that service according to one Oi more 50
routes that must be specified in detail, based on the holder’s actual operations for the period of 180 days prior to the date of application, subject to subparagraph (ii);
(ii) may, where the board finds on reasonable grounds that circumstances exist to justify such action, authorise operation of the transport service in 55 a particulti area that is described in detad.
(4) In the case of the conversion of a permit for a metered taxi service, the operating licence to which that permit is convefled, must describe the particular area within wilich passengers may be picked Up in the operation of that service.
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21.+93 49
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
(5) Except where [he permit to be converted already authorises public transport services on a particular route or routes, the board must request each planning authority in whose area the services are operated to make any representations and recommenda- tions it considers fit with regard to the route or routes, or, where applicable, the area, to be specified in the operating licence to which that permit is to be converted. 5
(6) Permits issued in terms of the Venda Road Transportation Act, 1979 (Act No. 13 of 1979), and the Ciskei Road Transportation Control Act, 1982 (Act No. 4 of !982), that are renewable annually, but are otherwise not limited to a period of validity, are regarded for the purposes of conversion to operating Iicences as permits issued for an indefinite period. 10
(7) A permit converted to an operating Iicence in terms of this section may not be issued to a person as the nominee of another person.
(8) No compensation is payable to the holder of a radius- or area-based permit by virtue of its conversion to a route-based operating Iicence in terms of this section.
Conversion of permits.to operating licences for larger vehicles 15
82. Application for the conversion of a permit to an operating Iicence for a larger vehicle under section 32(5) or (6) must be made in the manner and form prescribed by the MEC.
Disposing of applications with regard to operating iicences for non-contracted services 20
83. (1) Where any application is made for the granting, renewal, amendment or transfer of an operating licence in respect of a non-contracted service, the board may grant or refuse the application only after having considered, subject to subsection (2) and section 30(3)(b) and (5)—
(a) whether the vehicle by means of which the service is to be operated is suitable 25 for that purpose;
(b) the availability of ranks or terminals or other facilities or spaces for boarding or alighting from and for holding or parking vehicles engaged in the operation of that service, and the recommendations with regard thereto of the relevant planning authority or municipality and of any other planning authority and 30 municipality with an interest in the matter;
(c) the existence of any by-law, regulation, prohibition, limitation or restriction by a municipality that has relevance to the transport service that the applicant proposes to operate under the authority of the operating Iicence to which the application relates; 35
(d) whether the applicant has any previous conviction for an offence of the type and seriousness prescribed by the MEC, committed within the period so prescribed before the date of the application;
(e) the ability of the applicant to operate the service for which the operating licence is sought, in a manner satisfactory to the public; 40
(f) recommendations or representations duly submitted in connection with the application by the planning authority or any other interested party.
(~) An application for an operating Iicence relating to the o p e r a t i o n o f a non-contracted service on any particular route or routes in the area of a planning authority, may not be granted if the public transport requirements for the particular route 45 or”routes are adequately served by a then existing public transport service of a similar nature, standard or quality provided in terms of a commercial service contract or subsidised service contract or in terms of operating licences as shown by relevant transport plans.
(3) Such an application must be made in the manner prescribed by the MEC and be 50 accompanied by the prescribed application fee.
(4) (u) The board may grant an application for the granting, renewal, amendment or transfer of an operating Iicence subject to any conditions, determined by it, that are not inconsistent with this Act or with relevant provincial laws or transport plans.
(b) A condition may be so imposed only after consideration of the mfitters which, in 55 terms of subsection ( 1 ) and, where applicable, subsection (2) and relevant provincial laws, are to be taken into consideration for the purpose of deciding the application.
5( I so. 21493 GOVERNhfl:h’T GA7.ETII;, 2.3 .411 GLIST 2000 .
.Act N(1. 22. XI(N) N4TION,41. [,.4S[) TRANSPORT TRASSITIOIW ACT, 2000
Cancellation of operating licences not brought into use
84. ( 1 ) Where it comes to the notice of [be board that an operating licence converted from a permit has not been brou~ht into use within 180 days. the board must, by notice in writing, call on the holder to advonce good rca.sons. to the satisfaction of that board and within the period stated in the notice. for not having commenced operating the 5 public transport service to which Lhat operating Iicence relates, and, accordingly, why that board should not cancel that operating licence.
(2) Where the board is satisfied with the reasons advanced, the holder of that operating Iicence must be allowed a further period specified by that board, but not more than 180 days, to commence the operation of that service, and the holder must be 10 informed in writing accordingly.
(3) If not so satisfied, or where the holder has fdi]ed to advance reasons within the time allowed therefor in the notice, the board must cancel the operating licence and in writing inform the holder accordingly and direct the holder to surrender that operating Iicence, together with the distinguishing marks with regard thereto, to the board within 15 seven days after the date of the notice.
Issue of operating Iicences, and contents thereof
85. ( 1 ) An operating licence may not be issued unless— (a) the person requiring it has applied therefor in accordance with this Act and
applicable pro-vincial laws; -- Z() (b) the successful applicant has furnished proof to the satisfaction of the board
that the applicant is registered as a taxpayer under the income Tax Act, 1962 (Act No. 58 of 1962), or, in terms of that Act, is not required so to register.
(2) Any operating licence granted, renewed, amended or transferred in accordance with this Act or applicable provincial laws, must be issued, in the manner and form 25 prescribed by the MEC, by an official of the board designated by the latter for that purpose.
(3) An operating licence may not be issued in terms of this section unless the successful applicant for—
(a) the granting, renewal, amendment or transfer of the operating licence has 30 submitted to that official a current roadworthy certificate which was issued for the vehicle to which the operating licence relates not earlier than a point in time to be prescribed by the MEC. or a duly certified copy of such a certificate; and
(b) the renewal, amendment or transfer of an operating Iicence has returned to the 35 board the relevant operating Iicence that was issued previously for the same public transport service.
(4) An operating licence must state the following: (a) The name and address of the public transport operator and, where applicable,
particulars of the operator’s registration as a member of an association or a 40 non-member as the case may be;
(b) the registration number, make, vehicle identification number, year of manufacture, type and seating or passenger capacity of the vehicle for which the operating Iicence was granted;
(c) the types of service for which the operating Iicence has been granted: 45 (d) whether the operating ]icence has been y-anted for an indefinite or a fixed
period, and, if the latter, the period for which it has been granted; (e) in the case of an operating licence for a public transport service to be operated
in terms of a commercial service contract or a subsidised service contract— (i) the type of contract;
(ii) the contract reference number: 50
(iii) the names and addresses of the pa]ties to the contract: and (iv) where part of such a service in terms of such a contract is to be operated
by a subcontractor on behalf of the holder of an operating Iicence, the name and address of the subcontractor who is the owner of t!,e vehicle by 55 means of which that pan of the service is to be operated;
&) a detailed description of the route or routes on which, or, where applicable, the particular area in which, the vehic]e is to be used for the operation of the service to which the operating licence relates, through specification of the relevant street names, road numbers, beacons or land marks for each city, 60 suburb, town, village or settlement;
GOVERNMENT GAZETTE. 23 AUGUST 2000 No. ?1493 51
NATIONAL LAND TRANSPORT TRANSITION ACT. 2000 Act No. 22,2000
(g) [he authorised ranks or terminals and other points for picking UP and setting down passengers, where applicable;
(h) in the case of scheduled services, the relevant timetables; (i) the conditions imposed by the board, if any; and (j) all other particulars that may be prescribed.
(5) Operating licences for long-distance services must speci!y the route or routes, the ranks or terminals for the picking up and setting down of p~ssengers and any other points along the route or routes where passengers may be picked up or set down.
Authority conveyed by operating Iicence
86. An operating Iicence granted and issued under this Act— (a) does not authorise the holder of the operating Iicence to undertake transport on
or over a public road in the jurisdictional area of any municipality or in a transport area if it is unlawful to do so in terms of any national or provincial law in force with regard to the municipality, or in terms of any by-law of t!le municipality;
(b) does not exempt the holder from the obligation to comply with any requirement or condition imposed by or in terms of any law, Iicence or permit issued by any other competent authority.
Persons wbo may hold operating Iicences
87. An operating Iicence may only be issued to and held by the person registered, in terms of the Road Traffic Act, 1989 (Act No. 29 of 1989), as the owner or operator of the vehicle, as defined in that Act, and specified in the operating Iicence, except where the operating Iicence relates to the operation of a public transport service in terms of a commercial service contract or a subsidised service contract, and the public transport operator party to the contract has subcontracted another operator to operate part of that service on behalf of the first-mentioned operator, and in such a case—
(a) the subcontracted operator must be the so registered owner or operator of the vehicle used by the latter for operating that service on behalf of the operator party to the commercial service contract or subsidised service contract; and
(b) that vehicle must be specified in the opemting Iicence as the vehicle to be so used for operating that service.
Rules applicable with regard to various operating licences
88. (1) In determining the period of operating licences for non-contracted public transport services, due regard must be had to-
(a) current and envisaged trends in utilisation on the route or routes, or, where applicable, in the particular area, concerned;
(b) the efficiency of the proposed services in meeting user needs; (c) where applicable, the likelihood that, in future, the public transport service
with regard to which application concerning an operating Iicence is made, may no longer be required in terms of the public transport plan;
(d) the likelihood that the public transport service with regard to which application concerning an operating licence is made, may become the subject of a commercial service contract or a subsidised service contract.
(2) In the case of operating licences for long-distance services. the board— (a)
(b)
must determine the routes, ranks, tmminals and picking up and setting down points, and may specify the days of the week or month and time of day for departure from the authorised starting point of the route; and when determining the picking up and setting down points for a long-distance service in the cas~ of a minib-us taxi-type service, must impose the condition that passengers may not be picked up or set down en route unless the operator has reached agreement in [his regard with the relevant transport authorities and municipalities and with the taxi associations operating locally in the area concerned.
(3) In the case of operating Iicences for staff services to be provided on a regular b~sis, the board must specify the route or routes authorised.
(4) Operating licences for charter services, long-distance services. staff and tourist services must be granted for a fixed period determined by the board, subject to section 35.
5
10
15
20
25
30
35
40
45
50
55
52 so. 2 l.1~).? G()~’Ef{N\IEST GAZETTE, 23 .A[”GL!ST 2000 —— —
Ad No. 22, 20(KI NATIOXAL L./l!iD TRANSPORI TR.4NS1TIOY ACT, 2000
(5) In the case of an application for the granting. renewal or amendment of an operating Iicence relating to I Ioo:-distance service, due regard must be had to the provisions of any transport plans prepared by the relevant planning authority and of any applicable provincial laws and, subject to this—
((1)
(b)
(c)
(d)
(c)
the extent to which the service to be provided by the applicant is necessary or desirable in the public interest; the requirements of the public for the service along the route or routes on which or the particular area in which the applicant proposes to operate; the existing transpoll facilities available to the public on that route or those routes or in that area; the need to ensure co-ol-dination of all forms of transport, including transport by rail, to achieve an economically sound balance between the transport modes with due regard to the public interest: in the case of a minibus taxi-type service, the recommendations of any taxi associations that have an interest in the matter.
Use of same vehicle for long-distance and other public transport services
89. (l) (a) The planning authority may authorise a particular vehicle specified in an operating licence to be operated for a long-distance service, despite the fact that such a vehicle is specified in the operating licence to be used for a public transport service provided for in a transport plan.
(b) The planning authority may not grant such an authorisation where the operation of the long-distance service will or is likely to be detrimental to the operation, by means of that vehicle, of the public transport services provided for in that transport plan.
(2) A vehicle specified in an operating licence to provide a long-distance service may not also be specified in the operating licence as being the vehicle by means of which a public transport service provided for in a transport plan is to be operated, except if the planning authority has agreed thereto.
Amendment of operating licence: Replacement of specified vehicle
90. (1) Where the holder of an operating licence for the operation of any public transport service wishes to replace the vehicle that is specified in that operating licence for the operation of that public transport service with another vehicle with the same passenger capacity, the holder must apply for the replacement, in the manner prescribed by the MEC, to a member or official of the board whom the board has authorised in writing to dispose of the matter, provided the nature of the replacing vehicle and the quality and standard of the service are not affected by the replacement.
(2) The authorised member or official of the board must allow the replacement and issue an amended operating Iicence to the holder, if satisfied that—
(a) the replacing vehicle has the same passenger capacity, or less, and is of the same nature as the vehicle which it replaces and that the quality and standard of the service which is authorised by the operating licence will not be affected by the replacement;
(lJ) the replacing vehicle is otherwise suitable for the operation of the public transport service authorised by that operating licence, has been certified as roadworthy in compliance with road traffic laws and is properly licensed; and
(c) the applicant for replacement has provided the information necessary to establish the requirements of this section.
(3) Where a subcontractor operates any part of the public transport service to which an operating licence relates, on behalf of the holder of the operating licence, the subcontractor mtiy rely on the provisions of this section to replace any vehicle of which the latter is the registered owner and which is specified in that operating licence, in all respects as if the subcontractor were the holder of that operating licence.
Special conditions relating to metered taxi and staff servi,:es
91. ( 1 ) In the case of a metered taxi service, the vehicle specified in the operating licence authorizing the operation of that service may—
(a) leave the area described in the operating licence or permit if, on the return journey, it is to carry the same passengers as those it carries on the outward journey or the vehicle is to return to that area empty;
5
10
15
20
25
30
35
40
45
50
55
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21493 53
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22, 2000
(b) operate any particular journey at a fare riot determined by operating the meter fitted to that vehicle if the fare for the particular journey has been agreed upon between the driver and the passenger or passengers concerned before the journey begins.
(2) The MEC may, in addition to the pro} isions of this Act, prescribe the 5 circumstances in which a operating licence may bc granted for staff services.
Courtesy services
92. No operating licence is required for the operation of a courtesy service.
Duties of holder, of operating licence or permit
93. (1) The holder of an operating Iicence must— 10 (a)
(b)
(c)
(d)
(e)
(x
(g)
(h)
(i)
(j)
(k)
(1)
in operating the public tra~sport service to which the operating licence relates, comply with the terms of the authorisation conferred by the operating licence and the conditions to which it is subject, and, where that service is one provided for in a public transport plan, operate that service in accordance with that plan; 15 keep the original operating licence or a duplicate original in the vehicle specified in the operating Iicence, and, where the vehicle so specified is temporarily replaced under provincial laws, keep the operating licence and the tempor~ authorisation issued for the replacing vehicle in that vehicle for the duration of the temporary replacement, but the board may direct in writing 20 that the annexures to an operating Iicence do not have to be kept in such vehicle where they are too bulky to allow for this; if a member of an association registered in terms of this Act, or a non-member so registered, keep in such a vehicle the registration certificate issued to the holder in terms of section 114; 25 on demand by an authorised officer, produce that operating licence, authorisation or registration certificate; keep the operating licence and any duplicate original thereof in such a condition that the letters and figures thereon are clearly legible and, if the operating licence is damaged or ceases to be clearly legible, apply for a 30 duplicate original in the manner prescribed by the MEC; cause the name, address and nature of the business of the holder to be displayed on the vehicle to which the operating licence relates, in a conspicuous place in the manner prescribed by the MEC; display on or in that vehicle the other particulars as prescribed in any 35 condition determined by the board; display and keep affixed in the manner prescribed by the MEC, a distinguishing mark on the vehicle to which the operating Iicence relates; except in the case of an operating Iicence granted for an indefinite period, apply timeously for renewal of the operating Iicence; 40 at all times keep the vehicle to which the operating licence relates in a safe and roadworthy condition and— (i) have that vehicle examined for roadworthiness by not later than the time
allowed therefor in the Road Traftic Act. 1989 (Act No. 29 of 1989); and (ii) submit the new roadworthy certificate issued after every such examiua- 45
tion to the board within 30 days after it has been issued; return an operating licence that has lapsed or has been withdrawn or cancel led to the board within seven days; comply with this Act and with any other requirements imposed by a relevant law of any province to whose jurisdiction the holder, in or through the 50 operation of the service to which the operating licence relates, may be subject at any given time.
(2) (a) The authority conferred by an operating Iicence may not— (i) be ceded or otherwise alienated by the holder of the operating iicence. and no
person may be a party to such a cession or alienation, except where the 55 operating licence is transferred in accordance with this Act:
(ii) be hired out by the holder of the operating Iicence or be hired by any other person.
54 N(I. 2 i 4[).~ GOVERN\li:NT G.AZETTE. 23 AL’GLTST 2000
Act N(). 22.2000 NATIONAL L.4XD TRANSPORT” TRANSITION ACT. 2000”
(b) A transaction concluded in contravention of pamgmph (a) has no legal force. (3) From a date determined by the MEC by notice in the Provincial Ga:erfe, (he
ho]cfer of an operating ]icence for the opef”ation of any pub]ic transport service in the province, must—
(a) by not later than 21 days after the last day of each calendar month, submit to 5 the board returns in the form prescribed by the MEC on the recommendation of the board, in which must be shown the number of passengers conveyed during the previous calendar month by means of the vehicle to which the operating licence relates and the distance, in kilornetres, which was covered on the route or routes or, where applicable, in the area, specified in the 10 operating )icence, during that previous calendar month;
(b) where no passengers were carried during a calendar month, notify the board thereof and state the reasons therefor not later than 10 days after the end of such a month; and
(c) in the vehicle to which the operating licence relates. keep for each trip made 15 by means of that vehicle an accurate record showing the number of passengers carried during the trip.
(4) The information necessary for the purposes of subsection (3), must be recorded by the driver of the vehicle, or by the conductor if one is on duty, at the end of each forward and return journey. 20
(5) Where any subcontractor operates any part of the public transport service to which an operating licence relates, on behalf of the holder of the operating Iicence, this section, except subsection (1)(i) and (k), applies to the subcontractor, with the changes required by the context, in all respects as if the subcontractor were the holder of that operating licence. 25
(6) For the purposes of this section, “operating licence” includes “permit”.
Temporary replacement of specified vehicle
94. (1) (a) The board or a member of that board duly authorised by it may, on application by the holder of the operating Iicence or permit, grant written authorisation, where the vehicle specified in that operating ]icence or permit has become defective 30 temporarily, for the holder to use another vehicle in place of the defective one, subject to subsections (2), (3) and (6).
(b) Where a vehicle contemplated in paragraph (a) belongs to a subcontractor mentioned in section 87, such an authorisation may also be granted to such a subcontractor. 35
(2) The written authorisation must be in the form as prescribed by the MEC, and must specify at least the following:
(a) With regard to the holder, the personal particulars mentioned in paragraph (a) of section 85(4) if the vehicle belongs to such a subcontractor, that authorisation must in addition contain, with regard to that subcontractor, the 40 particulars mentioned in section 85(4) (e)(iv).
(b) With regard to the replacing vehicle, the particulars mentioned in paragraph (b) of section 85(4).
(c) The period for which the replacing vehicle may be used for the operation of the public transport service to which the holder’s operating Iicence relates, but 45 the period so specified may not be longer than 21 days calculated with effect from the date on which the authorisation is issued.
(3) (a) The passenger capacity of the replacing vehicle preferably must be equal to that of the vehicle specified in the relevant operating licence, but may—
(i) be smaller; or 50 (ii) exceed that capacity by not more than 20 per cent.
(b) The replacing vehicle must be suitable for the operation of that public tmnsport service and, except in so far as this section provides otherwise, must comply in all other respects with the requirements and conditions that apply and are in force in terms of this Act with regard to the vehicle so specified in tile operating Iicence, 55
(4) The written authorisation must be kept in the replacing vehicle to which it relates, together with the operating licence applicable to the replaced vehicle for the duration of the period of replacement provided for in that authorisation.
(5) The replacing vehicle must, during the authorised period of replacement, be regarded in all respects as the vehicle operated under the operating licence specifying 60 the replaced vehicle.
GOVERNMENT GAZE’tTE, 23 AUGUST 2000 No. 21493 55
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22.2000
(6) The board or such member may refuse a second or subsequent application under subsection (1) in respect of the same vehicle, if it appears that the applicant is abusing such written authorisations.
PART 17 Registrations and Other Matters relating to Minibus Taxi Industry 5
Appointment of Registrar
95. (1) Subject to section 53, the MEC must appoint a Registrar for the province to exercise the powers and perform the functions and duties conferred md imposed on the holder of that offrce by this Part and Part 12.
(2) (a) The Registrar receives the salary and allowances and is entitled to the benefits 10 determined by the MEC with the agreement of the member of the executive council responsible for finance in the province.
(b) The salary, allowances and benefits so determined must be specified in the Registrar’s letter of appointment.
(3) The head of the provincial department must, subject to the laws governing the 15 public service, provide the staff necessary to assist the Registrar in the performance of the functions and duties of that office.
(4) When the office of Registrar is vacant or the Registrar is unable to act due to any temporary physical or mental disability, the MEC may appoint any tit and proper person who is not subject to any disqualification mentioned in section 96, to act as Registrar and 20 exercise or perform the powers, functions and duties of that ofiice until the vacancy is filled or the incumbent of that office has resumed duty, as the case may be.
Disqualifications for holding Registrar’s office
96. (1) A person may not be appointed or remain in office as Registrar— (a) (b)
(c) (d)
(e)
(f)
if subject to any legal disability; ’25 upon having been elected or appointed as a member of Parliament or a provincial legislature or a municipal council; if at any time removed from a public office on account of misconduct; upon being declared insolvent or the person’s estate being or having been handed over to creditors, or where the person has been declared insolvent and 30 is not yet rehabilitated; if convicted of any offence— (i)
(ii)
(iii)
(iv)
of which dishonesty is an element; for which a sentence of imprisonment without the option of a fine has been imposed; 35 in terms of the Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998), or this Act; or in terms of section 127 or convicted before the commencement of this Act of any offence in terms of a previous law, if that otftince 1s similar to any offence mentioned in section 127; 40
who, subject to section 53(4), has any direct financial or business interest in any sector of the public transport industry.
(2) When the appointment of any personas Registrar is considered, the person maybe required to disclose to the MEC, in writing, any interests which the person may have in the minibus taxi industry or any other part of the public transporl industry.
Resignation of Registrar, and removal from office
97. (1) The Registrar may resign by giving one month’s written notice to the MEC. (2) The MEC may at any time remove the Registrar from otlice—
45
(a)
(b) (c)
50 for failing— (i) to perform the duties of the Registrar fairly and impartially: or
(ii) to perform those duties diligently and efficiently. for misconduct: or if, because of’ any physical or mental illness or disability, the ReSistrar has become incapable of performing the Registrar’s duties or performing them efficiently. 55
50 No. 21493 GOVERNMENT GAZETTE, 23 ALJGUST 2000
Act !%. 22.2000 IN.4TI().N. AL LANTD TR..4,NSPORT TRANSITION ,ACT, 2000”
Vacation of oflice
98. (1) The Registrar must vacate @ice— (a) if the Registrar becomes subject to a disqualification mentioned in section 96; (b) in the case where the Registrar has resigned, when the resignation takes effect
in terms of section 97; or 5 (c) upon removal from office under section 97(2).
(2) When the ofice of Registrar has become vacant, the MEC must take immediate steps to fill the vacancy by the appointment, in accordance with section 95, of a fit and proper person who is not subject to a disqualification mentioned in section 96, which applies, with the changes required in the context, to such an appointment, 10
Functions of Registrar
99. (l) The Registrar must— (a) receive and consider and decide upon, applications for the registration of
associations and their members, and of non-members, as provided for in Part 12 and this Part;
(b) advise the MEC on matters falling within the scope of Part 12 and this Part, and provide the MEC with information on matters of public importance acquired in the course of performing the functions of that office in terms of those Parts;
(c) take all reasonable steps to monitor and acquire information with regard to the compliance or non-compliance— (i) by registered associations, with their respective constitutions;
(ii) by registered members and by registered non-members, with the Code of Conduct:
(iii) of the re~istered associations’ constitutions, with section 117; (d) assist in the promotion of professional practices by registered associations and
their members and by non-members; (e) take any steps that are reasonably necessary with a view to encouraging
associations to register in accordance with Part 12 and this Part, and provide advice and assistance to enable them to apply successfully for registration;
V) consider and decide on the suspension or cancellation of the registration of an association or any member thereof or of any non-member;
(g) evaluate proposed amendments to the constitutions of registered associations in order to ensure that the amendments are consistent with the recmirements of section 117, and liaise with associations with a view to pr~venting the adoption of amendments that are not so consistent, or inform them of the inconsistency of amendments adopted by them, and call on them to abandon such amendments.
(h) keep a provincial transport register in which is recorded, in the manner prescribed, the name of every association, member of an association or non-member whose application for such a registration has been granted, together with the prescribed information about the taxi service or services rendered bv the association, member of the association or non-member so registered, &d the vehicles used for operating those services; and
(i) keep records of all ot}xm information required to maintain the National Transport Register.
(2) (a) The information recorded in the provincial register is open to inspection by the public during the provincial department’s normal office hours.
(b,) At the request of any interested person and on payment of the fee, if any, that has been prescribed by the MEC, the Registrar must furnish the person with a certified copy of or extract from any record contained in the provincial transport register, subject to subsection (7) of section 6.
(3) In dealing with any matter c(;ntemplated in subsection (1 )(a) or (~), the Registrar may—
(a) allow a person affected by or interested in the matter, or the duly authorised representative of such a person, to appear before the Registrar and— (i) give evidence or make oral representations relevant to the matter;
(ii) call witnesses and lead evidence on any question concerning a matter relevant to the proceedings before the Registrar;
(iii) question a person who testifies as a witness in those proceedings;
15
20
25
30
35
40
45
50
55
60
GOVERNMENT GAZETTE, 23 AUGLIST 200fJ No. 21493 5’/
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22, 2000
(b) issue a subpoena in the form prescribed by the MEC requiring a person to appear before the Registrar to give evidence or to produce any book, plan, document or other record, or any article, item or object, in the possession or under the control of the person, and have it served in the manner so prescribed;
(c) order any person present in or at the place where the proceedings are 5 conducted, to appear before the Registrar to give evidence or to produce any book, plan, document or other record, or any article, item or object, which is in the physical possession of the person in or at that place;
(d) question any person appearing as a witness; (e) require that any oral evidence be given under oath or affumation and, for that iG
purpose, administer an oath to or take down an affirmation from any witness; V) refuse to hear any oral evidence or representations from any person unless the
person has been sworn in or has made an affirmation as a witness. (4) Any party affected by any decision made or given by the Registrar may require the
Registr~ to furnish reasons for that decision in writing, whereupon the Registrar must 15 do so without delay.
(5) For the purposes of this section, “registration” and “registered” includes a reference to “provisional registration” and “provisionally registered”, respectively.
Registrar required to disclose commercial and pecuniary interests
100. (1) The Registrar may not attend to and dispose of any matter in which the 20 Registrw has a direct commercial or pecuniary interest which is greater than that which a member of the general public has in that matter.
(2) If at any stage it appears that the Registrar has or may have an interest which in terms of subsection (1) may preclude the Registrar from disposing of the matter, the Registrar must forthwith— 25
(a) disclose the interest to the MEC with a view to the latter deciding the issue; and
(b) suspend attendance to and disposal of the matter pending the MEC’S decision. (3) (a) The MEC must without delay, in writing, notify the Registrar of the decision
taken on the issue. 30 (b) Where the MEC finds—
(i) such an interest not to exist, the MEC in that notification must inform the Registrar accordingly and direct the Registrar to proceed with the matter that was so suspended; or
(ii) such an interest to exist, the MEC must appoint another suitable person in 35 accordance with section 95 to dispose of the matter that was so suspended.
(4) Any act performed by the Registrar in disposing of a matter contrary to subsection (1) has no legal force.
Registrar to report annually
101. (1) The Registrar must annually, as soon as possible after the end of the 40 province’s financial year, submit to the MEC a report on—
(a,) the functioning of the Registrar’s office; (6) the functioning of the panel of assessors, and its role and contributions in
assisting the Registrar in the performance of the functions of that office in terms of Part 12 and this Part; 45
.(c) matters concerning the registration of associations, the members thereof, and non-members; and
(d) other topical matters in connection with or arising from the application of this Part and Part 12.
(2) The MEC must table the Registrar’s report in the provincial legislature within 2 i 50 days of receipt, if the legislature is then sitting, or if it is not then sitting, within 21 days of the beginning of its next session.
Establishment and functions of panel of assessors
102. (1) The MEC, after consultation with the Registrar, may by notice in the Provincial Ga:etfe establish a panel of assessors consisting of the number of assessors 55 specitied in the notice. but not fewer than {ive and not more than seven, of whom-
(a) one must have special knowledge ot’ the minibus taxi intiustry in the province;
58 N(). 21493 GOVERNMEX”T G.AZHTt.. 23 AUGUST 2000
Ad No. 22.2000 NATIONAL L.+S13 TRANSPORT TR.ANSITIOX ,ACT, 200(1”
(b) at least one must haJ’e special knowledge of the needs and interests of those inhabitants of the province who rely on the services operated in the minibus taxi industry for their transport:
(c) at least one must have a formal qualification in law: (d,J at least one must have special knowledge of the functioning and operations of 5
transport authorities and municipalities in the province or under its juris- diction.
(2) The functions of the panel of assessors are— (a) to advise, the Registrar with regard to any matter which may be referred to it
by the Registrar and which relates to the exercise or performance of the 10 Registrar’s powers and duties under Part 12 and this Part;
(b) [o make recommendations to the Registrar in connection with any matter falling within the scope of those powers and duties: and
(c) at the request of and subject to the directions of the Registrar, to undertake any investigation and report its findings and recommendations to the Registrar. 15
Appointment, remuneration and conditions of service of assessors
103. (1) Subject to subsection (2), the MEC must appoint the number of assessors specified in terms of section 102(1).
(2) Before appointing persons as assessors, the MEC must— (u) make known his or her intentions to appoint them by notice in the Provincial 20
Gazefte and invite comments or objections relating to the appointment within a time stated in the notice:
(b) consider any comments or objections received pursuant to such a notice. (3) In so doing, the MEC must appoint fit and proper persons who are characterised
by their impartiality, but may not appoint any person as an assessor if the person is 25 disqualified from being appointed Registrar,
(4) An assessor is appointed— (a) for a period specified in the assessor’s letter of appointment but not exceeding
two years, on the expiry of which the person concerned is eligible for reappointment for not more than one term; and 30
(b) on general terms and conditions specified in the assessors’ letter of appointment.
(5) Each of the assessors is entitled to— (a) remuneration for each day or part of day in any month on which the assessor
performed the work of the panel of assessors in terms of this Part, at a daily 35 rate determined by the MEC with the concurrence of the MEC responsible for finance; and
(b) be reimbursed, in accordance with a tariff so determined, for all reasonable traveling and subsistence expenses necessarily incurred while the assessor performed work of that panel. 40
Meetings of panel of assessors
104. (1) (a) The panel of assessors meets as often as may be necessary to conduct its business expeditiously and efficiently.
(b) For that purpose, any meeting of the panel of assessors is held at the place and time determined by its chairperson or as decided by that panel at a previous meeting but its 45 first meeting will be held at the place and time determined by the Registrar and at that meeting, which must be attended by all the assessors, they must elect one of their number as the chairperson.
(c) All the assessors must be given notice in writing of any meeting of the panel. (2) A majority of the total number of assessors forms a quorum at any meeting of that 50
panel. (3) (a) A decision of a majority of the assessors present at a meeting constitutes a
d~:~ision of the panel of assessors, subject to subsection (2). (b) In the event of an equality of votes on any matter, the chairperson has a casting
vote in addition to a deliberative ordinary vote. 55 (4) No decision taken or given and no other act performed by the panel of assessors
is invalid merely by reason—
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21493 59
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
(a) of a vacancy in that panel; or (b) of the fact that any person not entitled to sit as an assessor sat as an assessor
or participated in the proceedings of that panel when the decision was taken, if that decision was taken or that act was authorised by the required majority of the assessors who were entitled to sit and participate as members of that panel.
(5) (a) The panel of assessors must keep minutes of the proceedings at its meetings. (b) The minutes of any meeting of the panel of assessors, when confirmed at a next
meeting and signed by the person who presides over the latter meeting, are, ir; the absence of proof of error, regarded as a true and correct record of the proceedings and matters at the meeting which they purport to minute, and are sufficient evidence of those proceedings and matters at any proceedings before a court of law or any tribunal or commission of inquiry.
Panel of assessors may co-opt in certain circumstances
105. (1) The panel of assessors may, with the approval of the Registrar, co-opt to :hat panel one or two persons who are not disqualified in terms of section 103(3), for the purpose of assisting that panel with any matter before it which falls within such a person’s particular field of expertise or specialisation.
(2) Such a co-opted person may address the panel of assessors and participate in the panel’s discussion of the matter, but may not take pant in any voting thereon.
(3) Section 104(4) applies, with the changes required by the context, also where any person has been co-opted in terms of this section.
Resignation and removal from and vacation of office by assessors
106. Sections 97 and 98 relating to the Registrar’s resignation and removal from and vacation of office and to the filling of a vacancy in that office, apply, with the changes required by the context, to the resignation and removal from office and vacation of office of an assessor and the filling of a vacancy in the panel of assessors.
Disclosure of assessors’ commercial and pecuniary interests
107. (1) An assessor may not attend or participate in any meeting of the panel where the proceedings at the meeting entail the discussion of or voting on any matter in which the assessor has a direct commercial or pecuniary interest which is greater than that which a member of the general public has in that matter.
(2) If, at any stage during any proceedings of the panel of assessors it appears that an assessor has or may have an interest which in terms of subsection (1) may preclude the assessor from participating in the proceedings—
(a) the assessor must forthwith and fully disclose the nature of the interest and leave the venue of the meeting so as to enable the remaining members of that panel to discuss the matter and to determine whether the assessor concerned is so precluded; and
(b) that assessor’s disclosure and the remaining assessors’ determination in terms of paragraph (a) must be recorded in the minutes of the meeting concerned.
(3) If an assessor fails to disclose any interest in compliance with subsection (2) when that panel considers and deals with any matter to which the interest relates, or if such an assessor otherwise contravenes or fails to comply with subsections ( 1 ) or (2), the proceedings affected by the non-disclosure, contravention or non-compliance are without any legal force and effect, and the assessor concerned is guilty of misconduct.
Provisional and full registration of associations and non-members previously registered
108. (1) (a) For the purposes of section 56, the Registrar, if satisfied that an association or non-member qualifies for provisional registration in terms of that section, must register the association or non-member provisionally. subject to section 55(l)(a), by entering the latter’s name and the required particulars as prescribed by the MEC in the provincial transport register.
(b) The onus rests on the association or non-member to ensure that provisional registration occurs in terms of paragraph ((/).
5
10
15
20
25
30
35
40
45
50
(10 N o . 21.ll? GO\) F. RNhl EXl GAZETTE, 23 .4 LIGLIST 2000”
Act No. 22, 2000 NATIONAL I..-iXI) TRANSPON “IRANSIT1OX ACT. 2000
(2) The provisional registra~ion of WI association or non-member in terms of’ subsection ( 1 ) lapses on whiche\er one of [he foIlo\ving events de place first:
(a) When the period mentioned in section 56(1) expires: or (b) when the provisional registration is converted to full registration in terms of
subsection (3). (3) The Registrar must register an association which. before the expiry of the period
of its provisional registration. has applied to the Registrar to convert its provisional registration to full registration and has satisfied the Registrar—
(a) that its members no longer hold any current permits under the authority of which they would be entitled, in terms of section 79, to operate their respective public transport services, due to either the one or the other or both of the following: (i) The conversion of those permits to operating licences as provided for in
this Act and applicable provincial laws; (ii) the termination of the membership of any member who is the holder of
such a permit and has failed to have that permit so converted to a operating Iicence;
(b) that it has terminated the membership of every member who, as at the date of the application, does not hold an appropriate operating licence for each vehicle by means of which a public transport service is operated by the member; and
(c) that it meets the requirements of section 110, which applies with the changes required by the context.
(4) The Registrar must register any non-member who, before the expiry of the period of provisional registration, has applied to the Registrar to convert the non-member’s provisional registration to full registration and has satisfied the Registrar that the non-member complies with section 113.
(5) This section does not preclude an association whose provisional registration has lapsed in terms of subsection (2)(a) from applying for registration in terms of section 110.
Provisional registration of associations not qualifying directly for full registration
109. (1) An association maybe provisionally registered if— (a)
(b)
(c)
(d)
the association has been in existence for a period not less than the period determined by the MEC by notice in the Provincial Gazette. the number of its membership as at the date of application is not less than the minimum number as determined by the MEC by notice in the Provincial Gazette; all its members have subscribed at least to those provisions of the code of conduct that are specified by the MEC by notice in the Provincial Gazette; the association has a constitution— (i) which has been subscribed to by all its members, and in terms of which
any breach of those specified provisions of the code of conduct by any member may result in the imposition of an appropriate penalty or sanction by a standing disciplinary committee after due inquiry; and
(ii) which complies with those provisions of section 117 as determined by the MEC by notice in the Provincial Gazette.
(2) An association may not be provisionally registered if its joinin~ fees and membership fees exceed the maximum amounts prescribed by the MEC by notice in the Provincial Gazette.
(3) The Registrar, if satisfied that an applicant association meets the requirements for provisional registration imposed by subsection (1), must register it provisionally, by entering its name and the particulars prescribed by the MEC in the provincial transport register, subject to this section, and must issue to the association an appropriate registration certificate in the form so prescribed.
Direct full registration of associations
110. An association qualifies for registration and, upon having applied therefor, must be registered, if—
(a) the association complies with the requirements of section 57; (b) the association has been in existence for a period not less than the period
determined by the MEC by notice in the Provincial Gazette;
5
10
15
20
25
30
35
40
45
50
55
60
GOVERNMENT GAZETTE, 23 AUGLrST 2000 No. 21493 61
(c)
(d) (e)
0’)
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
the number of its membership as at the date of the application is not less than the minimum number as so determined by the MEC; the application fee prescribed by the MEC, if any, has been paid; the amounts of the joining fee and membership fee of the association do not exceed the maximum amounts as so determined; and the association is not disqualified in terms of an order issued under section 118(5) from being registered.
Application and registration procedure
111. (I) An association applies for registration or provisional registration or for conversion of provisional registration to full registration, by submitting to the Registrar—
(a)
(b) (c)
(d)
(e)
an application in the form prescribed by the MEC for that purpose, that has been duly completed and is signed by the association’s authorised represen- tatives; a copy of the association’s constitution as signed by all its paid-up members; a copy of its membership record reflecting the names of its members and, in relation to each of those members, the particulars which the MEC has prescribed for the purposes of this paragraph; such other proof of the applicant’s compliance with the requirements of this Act as may be prescribed by the MEC; and any other information that may assist the Registrw in determining whether the re@rirements for registration ‘imposed by this Act, or, the req~irements for conversion to full registration, as the case may be, have been met.
(2) The Registrar, if satisfied that the applicant association meets those requirements, must register the association concerned or convert the association’s provisional registration to such a full registration, or provisionally register the association by entering its name and the required particulars as prescribed by the MEC, in the provincial taxi register.
(3) Upon having registered, converted the registration or provisionally registered any association in accordance with subsection (2), all persons found by the Registrar to be members of that association and to meet the requirements of this Act, must be registered or provisionally registered as members by entering in the provincial taxi register their names and the required particulars as prescribed by the MEC for the purposes of this subsection.
(4) A non-member armlies for registration by submitting to the Registr~— ‘(a)
(b)
(c)
. . an application in the form prescribed by the MEC for that purpose that has been duly completed and signed by the applicant or, in the case of a non-member that is a juristic person, by the latter’s duly authorised representative; a statement under oath or affirmation whereby the applicant subscribes to the code of conduct; and such other proof of the applicant’s compliance with the requirements of this Act as may be prescribed by the MEC.
(5) The Registrar may require further information in support of any application made in accordance with this section.
Registration or provisional registration of members
112. ( I ) Where an association has been registered, every member of the association who has subscribed to its constitution and to the code of conduct applicable in the province where that association is registered, and who complies with the other requirements of this Act and provincial laws, must be registered as a member
(~) (Cl) (i) Where any associ~tion has been provisionally registered, every person who is a member of the association and holds an appropriate operating licence or permit for each vehicle by means of which the member operates a public transport service or has applied for the appropriate operfiting Iicence or permit, must be registered as a member provisionally for a period ending when that association’s provisional registration lapses.
(ii) The onus rests on any member of an associ~tion which has been provisionally registered, who seeks provisiomd registration in terms of paragraph (a). to take [he steps necessary with I view to ensuring that the member’s provisiontil registration takts place in terms of subparagraph (i).
5
10
15
Z()
15
30
35
40
45
50
55
62 NO. 21 49.; GOVERNMENT GAZETTE, 23 AUGIIST 2000
Act NO. 22.2000 N.ATIOXAl. L, L\XI)TR/\XSPORITR, ANSITloN,ACT. 2000”
(I7J Where theprovisiomd registration of an association has been ccmvertedtotull registration. every member of the association who has subscribed to the association’s constitution and to the code of conduct applicable in the profincc where thut dissociation is registered, must be registered as a nlember.
(3) (a) Within one month after the admission of a new member to any association mentioned in subsection ( 1 ) or (2)(b), its executive committee or body, or any member thereof or office-bearer of the association authorised thereto by that committee or body, must apply to the Registrar. in the manner prescribed by the MEC, for the new member’s registration as a member.
(b) A new member on behalf of whom such an application has been made, must be registered or provisionally registered, as the case may be. as a member if the Registrar is satisfied that—
(i) the new member- (au) holds an appropriate opel-sting Iicencc for each vehicle by means of
which the member operates a public transport service; and (M) operates the public transport service to which such an operating licence
relates. in compliance with the terms of, and conditions attached to, the operating Iicence;
(ii) the new member has subscribed to the constitution of the association concerned and to the code of conduct applicable in the province where that association is registered.
Registration of non-members
113. (1) A non-member qualifies for registration and, upon having applied therefor, must be registered, where—
(a) the non-member has paid the application fee prescribed by the MEC; (b) the non-member, if a juristic person—
(i) has been in existence for a period not less than the period determined by the MEC by notice in the Provincial Gazette; and
(ii) has members which. in the case of a company or close corporation incorporated or registered in terms of the Companies Act, 1973 (Act No. 61 of 1973), or the Close Corporations Act, 1984 (Act No. 69 of 1984), respectively, do not include two or more persons who, at the time of formation of the company or close corporation, or at any time thereafter, were the operators of public transport services which are substantially the same as those operated by that company or close corporation:
(c) the non-member has subscribed to the code of conduct applicable in the province where registration is sought;
(d,) the non-member— (i) holds an appropriate operating Iicence or permit for each vehicle by
means of which the non-member operates a public transport service; and (ii) operates the public transport service to which such an operating Iicence
relates, in compliance with the terms of, and conditions attached to, the operating licence;
(e) The applicant’s registration as a non-member is ascribable to the following causes: (i) There is no registered association with regard to the route or routes or, if
applicable, in the area where the applicant’s public transport service is operated: or
(ii) where there is such a registered association, if— (au) the applicant has been refused membership of the association; or (bb) the association’s requirements for admission to membership are
unfair; or (cc) in view of the prevailing circumstances, the applicant reasonably
cannot be expected to become a member of the association; or (old) the applicant, if admitted to membership of the association, will be
subjected to unfair discrimination. (2) An operating licence may not be granted to a non-member unless the non-member
submits to the board a certificate from the Registrar certifying that he or she complies with the requirements of subsection (1)(b), (c) and (e), and the Registrar must issue such a certificate to a non-member who qualifies on payment of the prescribed fee.
5
10
15
20
25
30
35
40
45
50
55
60
GOVERNMENT GAZETTE. 23 AUGUST 2000 N[,. 21493 63
NATIONAL LAND TRANSPORT TRANSIIION ACT, 2000 Act No. 22, 2000
Certificates of registration and distinguishing marks
114. (1) The Registrar must upon having registered or provisionally registered any association, any member or any non-member, allocate a unique registration number to the association, member or non-member concerned and issue to the association, member or non-member a registration certificate or a certificate of provisional registration in the manner and form and containing the particulars as prescrikd by the MEC, subject to section 59.
(2) Subject to section 59, where the member or non-member is registered or provisionally registered, the Registrar must, with effect from a date determined by the MEC, by notice in the Provincial Ga:eftc, issue, in the manner and form prescribed by the MEC—
(u) a distinguishing mark for every vehicle of the registered member or non-member that is used, under the authority of an appropriate operating Iicence or permit;
(b) a distinguishing mark for every vehicle of the provisionally reg~stered member or non-member— (i) that is so used under the authority of an appropriate operating Iicence or
permit; or (ii) in respect of which the provisionally registered member or non-member
has made application for an appropriate operating Iicence in accordance with this Act.
(3) Subject to section 59, the Registrar must also issue such a distinguishing mark for each vehicle used by any registered or provisionally registered member, and any registered or provisionally registered non-member, whose registration took place before the date of that notice, upon mere submission to the Registrar of—
(a)
(b)
the registration certificate of the registered ‘member or non-member con- cerned, and a current operating licence or permit for each vehicle so used by that registered member or non-member; the relevant certificate of provisional registration of the provisionally registered member or non-member, and— (i) a current operating Iicence or permit for each vehicle used by the
provisionally registered member or non-member; or (ii) proof, to the satisfaction of the Registrar, that the provisionally registered
member or non-member has made application for such an operating licence.
Duties of registered and provisionally registered associations and non-members
115. (1) A registered association must—
5
10
15
20
25
30
35
(a) take all steps that are reasonably necessary to prevent any breaches of the code of conduct and any other misconduct on the part of its members and their drivers, and to take disciplinary steps against members whenever necessary; inform the Registrar expeditiously and timeously of the outcome of all disciplinary proceedings against members and grievance procedures by members; inform the MEC of any impending or current conflict with any other association or associations; inform the Registrw expeditiously and timeously of any changes— (i) in its membership; and
(ii) with regard to the information furnished by it to the Registrar in compliance with this Part and Part 12;
inform the Registrar of the termination or temporary suspension of the membership of any registered member, within seven days after the termina- tion or suspension; timeously give the Registrar notice of all general meetings of members, and allow the Registrar or the Registrar’s representative to attend such a meeting as an observer; inform the Registrar tirneously of any amendment proposed to its constitution and the nature and effect thereofi if requested thereto by any organ of state. tr:mspmt authority or core city which has rendered financial assistance to the wsociation or its members for a particular purpose, >LJppiy the requested information as to the application of the funds received from that source.
40
45
50
55
60
(ml N(), 214[).3 GO\ERN~!I;NT GAZETTE. 23 ALIGUST 2000” ———
Act No. 22.2000” XATIOSAL 1.,+S[1 TR..INSPOI?T TRANSITION AC1 , 200[)
(2) EJJery registered or provisionally registered non-member must- (a) inform the Registrar expeditiously and timeously of tiny chan$es with re~ard
m the information furnished by the non-member to the Registrar in compliance with this Pm-t md Part 12;
(/7) if requested thereto by any organ of state, transport authority or core city 5 which has rendered financial assistance to the non-member for a particular purpose, supply the requested information as to the application of the funds received from that source.
(3) Subsection (1) applies, with the changes required by the context, to any provisionally registered association. 10
Standard minimum constitution and code of conduct
116. (1) The MEC must. as soon as possible after the commencement of this Act, by notice in the Pro~incia/ Ga:e[te prescribe—
(a) a model constitution for associations, to be known as the standard minimum constitution, which complies with the requirements of section 117; and 15
(b) a code of ethics, to be known as the code of conduct, providing for at least the matters provided for in section 117.
(2) The standard minimum constitution sets a yardstick for the preparation of a constitution for an association with a view to enabling the registration of associations in accordance with this Part and Part 12, provided the other requirements for registration 20 are met.
(3) The code of conduct constitutes the set of ethical norms in accordance with which any minibus taxi-type service is to be operated.
Requirements for constitutions of associations
117. (1) The constitution of an association must, for the purposes of full registration, 25 comply with the minimum requirements, if any, prescribed by the Minister in terms of section 60, and—
(a)
(b) (c)
(d)
(e)
(f)
(g)
(11)
(i) (j)
(k) (/) ( m )
(!1)
state the association’s full name and postal and physical addresses, and declare that it is an association not for gain; set out its aims and objects, and state where it is based; 30 prescribe qualifications for, and admission to, membership of the association, and the rights, benefits and duties associated therewith, and require the names of all members to be entered on a membership list; establish the circumstmces in which a member is no longer entitled to the benefits of membership, and provide for the termination of membership and 35 the circumstances in which membership may be terminated; stipulate conduct that constitutes misconduct and give rise to disciplinary proceedings against offending members, prescribe the disciplinary steps to be taken against the members and the procedures to be followed in that regard, and establish a standing disciplinary committee for that purpose; 40 provide for appeals against the findings of the disciplinary committee, and any penalty or sanction imposed by it, or against loss of the benefits of membership or the termination of membership, prescribe a procedure for those appeals and determine the body to which those appeals may be made; provide for membership fees and the method for determining membership 45 fees and other payments by members; prescribe rules for the convening and conducting of an annual general meeting of members and special meetings of members, including the quorum required for, and the keeping of minutes of, any such meeting; describe the manner in which decisions are made at any meeting; 50 establish a governing body to represent and manage tbe affairs of the association and its members and act on its behalf, and define the powers and duties of the governing body in that regard; describe the manner in which decisions are to be made by the govemin~ body; establish the office of secretary and define the functions attached ther,sto; 55 provide for other office-bearers on that body and define their respective functions; prescribe a procedure for nominating and electing the members of that body;
GOVERNMENT GAZETTE, 23 AUGUST 2000 No. 21493 65
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22,2000
(o,) establish the circumstances and manner in which members of that body may be removed from office;
(p) provide for appeals against their removal from office, and prescribe a procedure for those appeals and determine the body to which those appeals may be made; 5
(q) establish the circumstances and manner in which a ballot must be conducted; (r) provide for a grievance procedure, and the establis’ ‘merit of a standing
grievances committee; (s) stipulate the requirements for amalgamation with any other association; (r) require proper accounting records to be kept and financial statements prepared 10
in accordance with generally accepted accounting practice and procedures, and establish a standing financial committee;
(u) determine a date for the end of its financial year; (v,) provide for the appointment of an accounting officer, for financial control and
responsibility, and for the annual audit of the association’s accounts and 15 statements by a person registered and practicing for own account as a public accountant and auditor;
(w) provide for the opening of a banking account for the association, and the banking of its money;
(x) establish the purposes for which the association’s money may be used. 20 (y) prescribe a procedure for changing its constitution; and (z) prescribe a procedure by which it maybe decided to dissolve the association.
(2) The constitution also, in making provision in terms of subsection (1) for— (a)
(b)
(c)
(d)
(e)
w)
(g)
(h)
(i)
(j)
special meetings of memb&~, must provide for members to call a special general meeting if a stipulated number or percentage of the members indicate 25 that they so require such a meeting; the election of members of the executive committee or body, must not allow members to be elected thereto for a single term longer than two years. the annual generaI meeting, must require that the election of the members of the governing body and of the association’s office-bearers be held, and its 30 audited financial statements and budget for the following financial year be considered and disposed of, at that general meeting; the matters mentioned in paragraph (q) of subsection (1), must provide that the election of the members of the executive committee or body and of the three standing committees must be conducted by secret ballot; 35 the matters mentioned in paragraph (r) of subsection (1), must require interim financial statements to be prepared quarterly for scrutiny by members; joining fees and membership fees, must allow those fees to be determined and to be re-deterrnined or adjusted only at the annual general meeting of members; 40 the matters mentioned in paragraphs (s), (y) and (z) of subsection (1), must require that a decision to amalgamate with another association, to amend the constitution or to dissolve the association be carried only with the support of at least two thirds of the members present at the meeting, provided there is a quorum; 45 the qualifications for membership, must provide that an application for admission to membership will be refused unless the applicant has subscribed to the code of conduct; the circumstances in which membership may be terminated, must provide for the termination of the membership of any member operating a public transport 50 service without the necessary operating licence, or, where applicable, the necessary permit, for each vehicle by means of which the service is operated; matters that constitute misconduct, must declare the following to be misconduct: (i) the breach of the code of conduct by any member; 55
(ii) a member’s employment of a driver who has not subscribed to the code of conduct;
(iii) the continued employment by the member of any driver who repeatecily has breached the code of conduct;
(iv) failure on the part of the msociution’s governing body or any member 60 tilereof or otlice-bemer of the association authol”ised by that body to comply with the requirements of section 11 2(3)((/).
(,(> N(I. 2140.3 G()\”ERNhlENTG .4ZE~l:. 23 ALIGUST 2000”
AC( No. 22, 2000 NATIOX,AI. LAND TRAssPoRT u,~hsrr[m ACT. 2000”
Non-compliance with registered constitution, and breach of code of conduct
118. ( 1 ) (aJ Whe[-e the Registrar on rexwnable grounds suspecls thal a registered association has failed to comply with Jny provision of its registered constitution that is nmte[-ial for dle application of Part 12 or this Part, or that a registered non-member has breached the code of conduct. the Registrar must conduct an investigation into the 5 matter.
(b) In conducting such an in~estigation. the Registrar must give the association or non-member an opportunity to make representations or give evidence with regard to the alleged non-compliance or breach.
(c) In deciding the matter, the representations and eJidence made, given or furnished 10 by the association or non-member must be ttiken into consideration.
(2) Where in terms of this Act, the specific act of non-compliance or breach constitutes an offence and the association or non-member has been charged with such an offence. the Registrar may postpone the investigation until the criminal proceedings against the accused have been finalised or withdrawn. 15
(3) (a) If the Registrar finds such an association or non-member guilty of such a non-compliance or breach, the Registrar must, by notice in writing, direct the association or non-member to remedy the non-compliance or breach within the period stated in the notice, and set out the steps to be taken for that purpose.
(b) An association or non-member to whom such a notice has been given, may 20 approach the Registrar’s offtce for assistance in taking the steps specified in the notice.
(4) Upon failure to comply with such a notice, the Registrdr may impose a fine not exceeding an amount as prescribed by the MEC for the specific non-compliance or breach, or cancel the registration of the association or non-member or suspend the registration temporarily, as dictated by the gravity of the non-cotnpliance or breach and 25 the circumstances relevant thereto.
(5) (a) Where a registered association’s non-compliance with such a material provision of its registered constitution or the breach of the code of conduct by a registered non-member cannot be remedied, the Registrar must impose one of the penalties provided for in subsection (4). and may, in severe cases where the penalty so 30 imposed involves the cancellation of the registration of the association or non-member, issue an order in terms of which the association or non-member is disqualified from being registered at any time during a specified period which may not be longer than one year.
(b) Where the registration of an association has been terminated or suspended 35 temporarily in terms of paragraph (a), the registrations of all its members will be cancelled or suspended, as the case may be, for the same period.
(6) Upon being notified by a registered association that it has terminated or temporarily suspended the membership of a registered member for non-compliance with its registered constitution or breach of the code of conduct, the Registrar must cancel 40 that member’s registration or suspend it for the same period, respectively.
(7) The Registrar must, within one week after having acted in terms of subsection (4), (5) or (6) against any registered association, member or non-member, by written notice, notify the MEC, the Registrar of every other province and every planning authority in the province or under its jurisdiction, of the action so taken. 45
(8) (a) The Registrar by written notice must inform any association, member or non-member of cancellation or temporary suspension of registration. and direct the association, member or non-member, as the case may be, to return the latter’s registration certificate to the Registrar within seven days of the date of the notice. ~
(b) Where an association’s registration has been cancelled or suspended temporarily, 50 the Registrar must further direct the association to ensure that all its members’ registration certificates are returned to the Registrar within the period specified in that notice.
(9) The preceding provisions of this section apply, with the changes required by the context, to any provisionally registered association or non-member. subject to the 55 relevant provisions of this Act.
Cancellation or temporary suspension of registration or provisional registration of associations, members and non-members
119. ( 1 ) The Registrar must cancel the registration or provisional registration of— (a) an association— 60
GOVERNMENT GAZETTE. 23 AUGUST 2000 N(), 21493 67
(b)
(c)
L (d)
NATIONAL LAND TRANSPCRT TRANSITION ACT, 2000” Act No. 22, 2000
(i) which has ceased to exist or is no longer based in the province; or (ii) if it has secured registration or provisional registration through fraudu-
lent conduct; a member in respect of a particular association where— (i) the registration or provisional registration of that association is can-
celled; (ii) membership of that association has been duly terminated in accordance
with its constitution; a non-member- (i) who is no longer based in the province;
(ii) who, if a juristic person, has ceased to exist; or (iii) who does not hold an appropriate operating Iicence or permit for each
vehicle used by the non-member to operate a public transport service; a member of an association provisionally registered who does not hold an appropriate operating licence or permit for each vehicle u:;ed by such a member to operate a public transport service, or has not applied for such an operating Iicerrce.
(2) An association, member or non-member whose registration or provisional registration has been cancelled or temporarily suspended as provided for in this section or a provincial law, must return the registration certificate or certificate of provisional registration and the distinguishing marks, if any, issued with regard to the registration or provisional registration so cimcelled or suspended to the Registrar within the time prescribed by the MEC.
(3) The Registrar may, where an association has terminated membership due to a member’s breach of the code of conduct. if justified in the circumstances, cancel that member’s registration or provisional registration in respect ot’ any other association of which the former is a member, after having given the member sufficient opportunity to make representations and advance reasons why that should not be done.
(4) The Registrar may cancel, or suspend temporarily for a period not exceeding one year, the registration or provisional registration of—
(a)
(b)
(c) (d)
a~y association for failure IO comply with any provision of its registered constitution that is material for the application of this Part and Part 12; any member— (i) whose membership of an association has been suspended temporarily; or
(ii) of an association whose registration or provisional registration has been suspended temporarily;
any non-member for having breached the code of conduct; any member or non-member who has been convicted of an offence mentioned in section 127.
Effect of lapsing or cancellation of registration on holding of permit or operating licence
120. (1) Where the full registration of an association lapses or is cancelled, all permits and operating Iicences held by the members of that association which relate to the route or routes in question, lapse on a date calculated as 90 days after such lapsing or cancellation. unless—
(a) the association has been re-registered provisionally or fully, and the member is still a member thereof;
(b) the member has obtained membership of another registered or provisionally registered association operating on the rol:te or routes in question; or
(c) the member has obtained registration as a non-member in respect of the route or routes in question.
(2) Where the registration of a non-member lapses or is cancelled. all permits and operating licences held by the non-member which relate to the route or routes in question lapse on a date calculated as 1 SO days after such lapsing or cancellation. unless—
((7) the non-member has obtained membership of a registered or provisionally registered association oper~(ing on the route or routes in question: 01-
(b) the non-member has obtained re-registration as a non-member in respect of the route or routes in question.
5
10
15
Z()
25
30
35
40
~~
50
55
6s N(). 214~)3 CK)\’ERNilENT GAZETTE. l? A[iGLIST 2(100”
Ad !+l .22,2000 ~lATlON,~[j 1 ~y~ T[{,\~sJI~RT TJ/)\s,s[TION ,& CT, 2000
Registration or provisional registration no bar to prosecution for unauthorised operation of public transport
121. The registration or proIJisional registration of any member or any non-member. is no bar to the prosecution of such a member or non-member for an offencc mentioned in section 127( l)(a).
PART 18 Low Enforcement
Land transport law enforcement
122. ( 1 ) Jn addition to the measures provided for in this Act with regard to law enforcement. the MECS. transpor[ authorities and municipalities, including municipal i- 10 ties in their capacity as core cities of their MTAs, must take active steps to develop systems to improve land transport law enforcement in their respective jurisdictions.
(2) Despite the provisions of any other law— (a) an MEC; (b) a transport authority; 15 (c) a municipality,
called in this section an enforcement authority, may enter into an agreement in terms of w h i c h -
(i) land transport law enforcement functions are undertaken by one enforcement authority in the area of jurisdiction of another; ~~
(ii) authorised oficers of one such authority maybe seconded to another authority temporarily;
(iii) land transport law enforcement functions are undertaken jointly, or by a public or private sector agency on behalf of the authority,
on terms and conditions set out in the agreement, including conditions as to which 25 authority must bear the costs involved.
Appointment of inspectors
123. (1) (a) The MEC may designate employees in the provincial department, or of transport authorities, who are fit and proper persons, as inspectors for the purposes of matters which, in terms of this Act, fall under the jurisdiction of the province or the 30 transport authority, as the case may be.
(b) The head of the provincial department must issue to every inspector so appointed a certificate of appointment and otllcial proof of identity in the prescribed form.
(2) The functions of inspectors so appointed are to monitor compliance with this Act in the province or transport area concerned and to assist with the investigation and 35 prevention of offences contemplated in section 127 which have been committed within the province, subject to provincial laws and the directions of the MEC and the head of the provincial department.
(3) In performing those functions, an inspector will have all the powers conferred on an authorised officer by or in terms of this Act. 40 (4) When performing any function or duty or exercising any power in terms of this
Act. an inspector must on demand by any person in relation to whom the power, function or duty is exercised or performed, produce the certificate of appointment.
Impoundment of vehicles
124. (1) An authorised officer who is satisfied on reasonable grounds that a motor 45 vehicle is being used by any person for the operation of public tmnsport without the necessary operating licence or permit or contrary to the conditions imposed with regard theretc, may impound the vehicle pending the investigation and prosecution of that person for an offence mentioned in section 127(1)(a) or (b).
(2) A vehicle impounded under subsection (1) must be delivered to the head of the 50 depot contemplated in subsection (4), who must retain the vehicle in the depot and release it to the person concerned only—
(a) when the criminal charges against the person have been withdrawn or the person has been acquitted of the offence charged; or
(b) in the case where the person is convicted of the offence charged, and unless 55
GOVERNMENT GAZETTE. 23 AUGUST 20(X) No, 21493 69
NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 Act No. 22, 2000
the court has ordered otherwise, on payment to the head of the depot of the amount determined by the MIX.
(3) Upon the second or subsequent impoundment of a vehicle which had been previously impounded, subsection (2) applies, with the changes required by the context, except that the impoundment fee will be increased in accordance with the scale so determined.
(4) (a) The MEC or a municipality, by no~ice in the Provincial Gazette, may designate any place defined in the notice to be a depok for the purposes of this section, and may in the same manner amend or withdraw such a notice at any time.
(b) The MEC or, where applicable, the relevant municipality, must appoint an inspector or an authorised officer in [he service of the municipa]i[y as the person in charge of the depot.
Presumptions and proof of certain facts
125. (1) A document which purports to bean operating licence issued under this Act, or a permit issued under a previous law or a copy of such an operating licence or permit certified to be a true copy, is on mere production in any prosecution for an otience mentioned in section 127(1), where the possession or contents of such an operating Iicence or permit may be relevant, admissible in evidence as proof that il is such an operating licence or permit which had been lawfully issued, or that it is a true copy thereof, as the case may be, and of the truth and accuracy of the particulars thereof.
(2) A document which states that the motor vehicle described therein is registered, under the relevant law, in the name of a person specified therein as the owner, and which purports to have been issued under such a law by an employee of the registering authority for motor vehicles of the place where the vehicle was so registered, is on mere production in a prosecution under this Act, admissible as sufficient proof of that person’s registered ownership of the vehicle and of the truth and accuracy of the particulars contained therein.
Powers of authorised officers
126. (1) In addition to the functions and duties imposed on an authorised officer by or in terms of this Act, an authorised ot%cer may—
(a)
(b)
(c)
(d)
(e)
(f)
cause a motor vehicle to be stopped _in the manner prescribed by the MEC, and enter such a vehicle in order to establish if it is used for public transport or monitor compliance with any provision of this Act, or with the terms of any operating licence or permit, and may for those purposes examine or inspect the vehicle and any documentation that may be relevant; require from the driver to furnish the latter’s full name and residential address, and documentary proof thereof, as well as the name and address of the owner of the vehicle, and particulars of the business in connection with which the vehicle is being used; require that the driver or other person in charge of the vehicle forthwith produce for inspection any documents or other records that are in or on the vehicle in the possession of the driver or that person that relate to the persons being conveyed on such vehicle: require that any person on a motor vehicle suspected on reasonable grounds to be used for public trmsport, or a person suspected on reasonable grounds to have been on such a vehicle recently, furnish the latter’s full name and address and documentary proof thereof and state if the latter has paid or has to pay any consideration for conveyance on the vehicle, and furnish the name and address of the person to whom the payment has been made or will htive to be made; to require that the records to be kept in or on the vehicle in terms of this Act, be produced by the driver of the vehicle or by the conductor, if any, for inspection: enter or enter upon any business premises fit any reasonabk time to monitor compliance with this Act, and— (i) question any person who, in the opinion of the authorised otiicer, may he
able to furnish any information required for that purpose;
5
10
1 5
20
25
30
35
40
45
50
55
70 N(1 2 I 4Y~ G()\”I:RS\lf;\l- (;,4Z1;TTE,. 2.7 A[l G~’ST 2000
,\c, ~o. ~~. ~{)()~ N4110N,4[. 1, ‘,;il) TR,.I!SSPOR”J” ‘rR;\X SITION 4CT. 2000
(ii) may require such a person to p]mduce. for exwmintition or inspection. any books and doculnen[s. and any other l-ecords. that may be releiant for monitoring purpows:
(iii) make extracts therefrom or copies thereofi and
(g)
(11)
(i~) demand an explanation of any entries in such a book. document. or other record:
require that the driver or other person in charge of a motor vehicle used for public transport, produce any documents whatsoever, that were issued by a competent authority, in terms of this Act, or a previous law. with regard to the vehicle or the public transport for which it may be used terms of this Act, or the previous law. as the case may be, and which, in terms of this Actor that law have to be kept on that J chicle; upon the order of a board, attach an operating Iicence or permit that has e~pired or lapsed or has been withdrawn ~empor~rily in tenns”of this Act, and hand it over to that board.
(2) A person questioned or required to furnish an explanation under paragraph ~) of subsection (1), is entitled to all the privileges to which any person testifying before a court of law is entitled.
(3) (a) Where an authorised ofhcer finds a vehicle used for public transport under the authority of an operating Iicence or permit to be so defective as to be a danger to persons or property, the authorised officer may order the driver or other person in charge of the motor vehicle to surrender that operating Iicence or permit, as well as all distinguishing marks relating to the vehicle. and prohibit that driver or person forthwith to use the vehicle for public transport.
(b) The operating licence or permit so surrendered, must be retained by the ofllcer until the holder of the operating Iicence or permit has satisfied the officer that the defects have been remedied and that the vehicle is in a roadworthy condition, the onus of proving which rests on the holder of the operating licence or permit.
Offences and penalties
127. (1) A person is guilty of an offence— (a) (h)
(c) (d)
(e)
(x)
(