cross- border road transport amendment bill, 2007
DESCRIPTION
CROSS- BORDER ROAD TRANSPORT AMENDMENT BILL, 2007. PRESENTATION TO THE PORTFOLIO COMMITTEE ON TRANSPORT 27 FEBRUARY 2008. 1. BACKROUND. Department of Transport. The Cross-Border Road Transport Act No. 4 of 1998 came into force on 1 April 1998 - PowerPoint PPT PresentationTRANSCRIPT
PRESENTATION TO THE PORTFOLIO COMMITTEE ON TRANSPORT
27 FEBRUARY 2008
CROSS- BORDER ROAD TRANSPORT AMENDMENT
BILL, 2007
1
Department
of Transport
The Cross-Border Road Transport Act No. 4 of 1998 came into force on 1 April 1998
The Act create the Cross-Border Road Transport Agency and gives effect to various International Agreements and regulates cross-border road transport
After implementation of the Act, some issues that required some amendments aroused.
2
BACKROUND
BACKROUND TO AGREEMENTSDepartment
of Transport
Cross-border road transport must be regulated differently because of international Agreements
The following agreements exist:– The MOU with Botswana, Lesotho, Namibia and
Swaziland– Bilateral agreements with Malawi, Mozambique,
Zimbabwe and Zambia
The Agreements are attached to the Transport Deregulation Act, 1988, and remain in force under the Cross-Border Act
3
Department
of Transport
BACKGROUND TO BACKGROUND TO AGREEMENTS (CONT.)AGREEMENTS (CONT.)
4
The Agreements usually have quotas, i.e. states must equalize the no. of operators
Joint Route Management Committees and similar structures are established
Different considerations apply than with domestic transport under the NLTTA
The Agency must apply the Act and the relevant Agreement(s)
Department
of Transport
OBJECTS OF THE BILL
To amend the Cross Border Road Transport Act No. 4 of 1998 so as to insert the table of contents.
To amend and insert certain definitions.
To authorize the Cross Border Road Transport Agency to levy and collect tolls on behalf of SANRAL.
To simplify the procedure for the appointments of the Board Members.
5
Department
of TransportOBJECTS OF THE BILL (CONT)
6
To regulate the granting of Cross Border permits.
To update reference to traffic legislation.
To create certain offences.
To amend certain provisions of the NLTTA, 2000. (Act No. 22 of 2000)
To provide for matters connected thereto.
Department
of Transport
Table of contents inserted to facilitate reading the ActDef Of “Cabotage”
– “or” changed to “and” to make it clear that it refers to both on- and offloading
Def of “cross-border road transport”– Add “and personal effects” to stop loading
of freight– Cover persons carried in course of
business: operators evade the Act by saying they are carrying workers
SECTION 1 (DEFINITIONS)SECTION 1 (DEFINITIONS)
7
Department
of Transport SECTION 1 SECTION 1 (DEFINITIONS CONT…)(DEFINITIONS CONT…)
Def of “foreign carrier”
–Add cabotage to close the technical loophole that arose in the Airey High Court case
Def of “permit”
–Maximum validity period changed to 5 years, from 3 months, 6 months or 1 year
–To be in line with NLTTA
–Admin costs too high for short period permits 8
Department
of Transport SECTION 1 (DEFINITIONS SECTION 1 (DEFINITIONS CONT…)CONT…)
Def of “reward”
–Add non-monetary reward to close gap for hiring schemes etc.
Def of “unauthorized transport”
–Technical change to simplify Act
Def of “vehicle”
–To make it clearer that the 3500 kg limit applies to the whole combination of vehicles and not only the truck tractor
–To make it clearer that for cabotage a single permit is needed for each component of a vehicle combination 9
Department
of Transport
SECTION 4 – POWER TO SECTION 4 – POWER TO COLLECT TOLLSCOLLECT TOLLS
Other SADC states have cross-border road user charges
SA operators complain that “playing fields are not level”
Engagement with SANRAL: possibility to declare roads near borders as toll roads
CBRTA will be empowered to collect toll as agent of SANRAL as a road user charge
The power will only be used if the Minister approves and SANRAL agrees
10
Department
of TransportSECTION 23 & 25 - CABOTAGESECTION 23 & 25 - CABOTAGE
Act not clear enough on the cabotage issue
Cabotage is where a foreign carrier:
–Operates inside South Africa, or
–Picks up in SA to go to a 3 rd country
Amendment makes it clear that:
–the Agency regulates cabotage and
–a permit is required for cabotage
11
SECTION 27 – FACTORS TO SECTION 27 – FACTORS TO CONSIDER IN ISSUING CONSIDER IN ISSUING
PERMITSPERMITSDepartment
of Transport
Transfers not necessary: the new operator can just as well apply for a new permit
Will stop “consultants” from peddling permits
Tax clearance required as with NLTTA (the Agency is in discussion with SARS on this issue)
Conditions imposed by a Joint Committee to be considered (to bring Act in line with agreements)
12
Department
of Transport
Board must take BEE & SMME considerations into account: brings Act into line with BBBEE Act etc.
Combination of vehicles: a single permit is issued for vehicle combinations for C-B transport, but not for cabotage (see def of “vehicle”)
SECTION 27 – FACTORS TO SECTION 27 – FACTORS TO CONSIDER CONSIDER
IN ISSUING PERMITS (CONT.)IN ISSUING PERMITS (CONT.)
13
Department
of Transport
SECTION 28 – FACTORS TO SECTION 28 – FACTORS TO CONSIDER IN ISSUING CONSIDER IN ISSUING
PERMITS (PASSENGERS)PERMITS (PASSENGERS)
Consequential amendments to effect the same amendments as to s.27
The factor “ability of the applicant” amended to make it clearer and remove arguments
14
Department
of Transport
SECTION 30 – WITHDRAWAL SECTION 30 – WITHDRAWAL & SUSPENSION OF PERMITS& SUSPENSION OF PERMITS
Act amended to allow withdrawal or suspension for non-compliance with permit conditions: to bring in line with NLTTA and provincial legislation
Notifying holder of right of appeal: amendment suggested by State Law Adviser to comply with Promotion of Administrative Justice Act, 2000
15
Department
of Transport
Subsection (1) amended to promote clarity
Cabotage permits may only be issued if there is no conflict with ITPs and other transport plans done under the NLTTA
Amendment to make it clear that a separate permit is required for each vehicle component (see above)
SECTION 31 - CABOTAGESECTION 31 - CABOTAGE
16
Department
of Transport
SECTION 32 – DELEGATION TO SECTION 32 – DELEGATION TO CEO TO ISSUE PERMITSCEO TO ISSUE PERMITS
The Act is illogical in not extending delegation to the CEO for temporary cabotage permits
Consequential amendment to extend this power to permits for carrying workers (see def of “cross-border road transport”)
Permits issued by the CEO must be ratified by the Board
17
Department
of Transport
SECTION 33 – PUBLICATION OF SECTION 33 – PUBLICATION OF APPLICATIONSAPPLICATIONS
It is a waste of time and money to publish all renewals in the Govt. GazetteAct amended to say renewals may be published, and must be published only if permit conditions are to be amendedConsequential amendments:
–Applications to carry workers need not be published–Remove reference to transfers and simplify section
18
Department
of Transport
Provincial and local authorities added to the list of stakeholders for route committees etc.
Section 35 – Consultative Section 35 – Consultative structuresstructures
19
Department
of Transport
SECTION 37 & 38 – SECTION 37 & 38 – APPOINTMENT AND POWERS APPOINTMENT AND POWERS
OF INSPECTORSOF INSPECTORS
Act provides for the Board to appoint inspectorsCEO is in a better position as the CEO is in close contact with the HR Division and Law Enforcement DivisionInspectors empowered to confiscate cabotage permits (omission in Act)
20
Department
of Transport
SECTION 40 – OFFENCES AND SECTION 40 – OFFENCES AND PENALTIESPENALTIES
Where passengers intend to cross a border, the Act defines it as cross-border transport
Provincial Boards issue permits up to borders where passengers walk across
A presumption is introduced to presume cross-border transport where passengers picked up or set down within 1 km of a border (discussed with State Law Adviser)
Hiring out of permits is made an offence (see amendment to section 47)
21
Department
of Transport
New section will empower Minister to suspend permits on routes or in areas, e.g. a rank in case of violence or unrestSuch powers are in provincial Acts e.g. the Gauteng Public Passenger Road Transport Act, 2001These powers are necessary to avoid conflict and save lives
NEW SECTION 46A – NEW SECTION 46A – EMERGENCY MEASURESEMERGENCY MEASURES
22
Department
of Transport
SECTION 47 – DUTIES OF SECTION 47 – DUTIES OF PERMIT HOLDERSPERMIT HOLDERS
Holders of permits for more than 1 year will have to submit roadworthy certificates, proof of insurance etc. annually
Will become important if permits are issued for 5 years
A provision is inserted to prevent hiring out of permits
This will stop peddling of permits and bring the Act into line with the NLTTA
23
Department
of Transport
SECTION 49 – CONSIGNMENT SECTION 49 – CONSIGNMENT NOTES AND PASSENGER NOTES AND PASSENGER
LISTSLISTS
Operators have complained that the 21 days allowed to submit consignment notes and passenger lists is too short
Period extended to 30 days
24
Department
of Transport
Section 52 – Lapsing of unlawful provincial permits
• In the past the NTC and provincial Boards issued many cross-border permits and operating licenses: some are indefinite
• The Minister has written letters to the provincial Boards to stop this practice
• It has been agreed that these permits should lapse within 6 months, and operators should apply to the Agency for proper permits
25
Department
of Transport
Section 46 of NLTTA
• Section 46 of the NLTTA prohibits setting down passengers at or near a border where they intend to cross the border
• The amendment will extend this to picking up passengers to block a loophole
26
Department
of TransportOTHER CONSEQUENTIAL
AMENDMENTS
• Various other sections are amended to:– Effect consequential amendments, e.g.
deleting references to transfers– Update references to the old Road
Traffic Act, 1989– Change cross-references
27
Department
of Transport
CONSULTATION
An Amendment Bill was published for comment in May 2000
A Plenary conference with stakeholders was held in Feb. 2002
Bill to MINCOM (now MINMEC) in April 2003: referred to provinces & other stakeholders for further consultation
Bill approved by State Law Adviser in July 2006
Bill published again for comment on 5 September 2006
Amendments have now become urgent
JCPS and BOCC consulted.
The intention to introduce the Bill in Parliament was Published in Government Gazette No. 30485 on the 23 November 2007. 28
CONCLUSION
• It is recommended that the committee concur with the Amendment Bill
THANK YOU
29