EASTERN CAPE PROVINCIAL LEGISLATURE Procedural Support Services
Date: 05 June 2006
PORTFOLIO COMMITTEE ON ROADS & TRANSPORT
Final Mandate on National Land Transport Transition Amendment Bill [B38-2005]
1.Terms of reference
National Land Transport Transition Amendment Bill [B38-200S] herein referred to as the Bill has been referred to the Portfolio Committee on Roads & Transport by the NCOP Business Committee for consideration
2. Report on negotiating mandate
The Special Delegate, Mrs. Moerane-Mamase who attended inter-provincial negotiations on behalf of the Province: reported as follows:
Concerns that were raised by the Province of the Eastern Cape, were clarified at the meeting of the negotiating mandates.
All Provinces supported the principle and objectives of the Bill. However, some provinces proposed amendments to the Bill.
The Portfolio Committee on Roads & Transport conducted a public hearing on the 05 June 2006 Eastern Cape Provincial Legislature Chamber, Bhisho. The following inputs were received:
The bill is welcomed by the Vukuzenzele and Hlanganani Bakkie Associations.
The two associations expressed disappointment for the bill not providing provisions for scholar transport
Africa's Best 350 Bus Company welcomed the Bill because it recognizes Bakkie associations as a mode of transport as previously they were exempted from paying operating fees.
The meeting unanimously agreed that the reason for the use of light delivery vehicles is the lack of proper road infrastructure.
The Eastern Cape Licensing Board advised that the 90 day period given to the Tourism Board to respond is too long, instead it should be changed to 60 days.
The Eastern Cape Licensing Board also advised that the National Road Traffic Act must be aligned to this piece of legislation.
Third party claims in road accidents in the rural areas do not succeed as the system did not recognize LDVs as a mode of public transport.
Bakkie Associations wanted to find out whether this amendment Bill is a precursor to a “Bakkie Recapitalization".
The meetng unanimously agreed with the purpose of the Bill and moved for a motion for the passing of the Bill as soon as possible.
The Committee resolved that;
The following final mandate be conferred to:
(1) Vote for the adoption of tee Bill without amendments that will alter the principle of the Bill
(2) The EI1:aem Cape Special Delegate, Hon. Moerane-Mamase represent the Province of the Eastern Cape at the meeting of the final mandates.
Ms N Tolashe
Chairperson: Roads and Transport Eastern Cape, Provincial Legislature
WESTERN CAPE PROVINCIAL PARLIAMENT
Report of the Standing Committee on Finance and Economic Development on the National Land Transport Transition Amendment Bill [B38 - 2005] NCOP, dated 17 May 2006, as follows:
Committee on Finance and Economic Development, having considered the subject of
the National Land Transport Transition Amendment Bill [B38 - 2005] NCOP,
referred to the Provincial Parliament in terms of the Rules of the National
Council of Provinces, (NCOP), begs to report that it confers on the Western
Cape’s delegation in the NCOP the authority to support the Bill with the
[PMG note: see separate document for recommendations]
Date: 06 June 2006
FINAL MANDATE: NATIONAL LAND TRANSPORT TRANSITION AMENDMENT BILL [B38-2003)
The joint meeting of the Portfolio Committee on Safety and Liaison and Transport Roads and Public Works met to consider the National Land Transport Transition and Amendment Bill [B38-2005]
The Portfolio Committee on Transport, Roads and Public Works, resolved to hold public hearings on the National Land Transport Transition and Amendment Bill [B38-2005] in all five regions of the Province namely Kimberley Upington: Springbok; De Aar and Kuruman on Friday, 26 May 2006.
The Legal Advisors explained the amendments clause by clause. The departmental official took question of clarity from the floor.
Concerns raised by the stakeholders are as follows;
· The lack of financial capacity of taxi owners to deal with tax related matters.
· The backdated payments regarding tax.
· The financial implication to convert driver's licenses from code 8 to code 10 in order to be able to tow trailers.
· Government must give clear indication about who is responsible for the establishment and maintenance of impounding stations
· Section 15 (a)( c): replace" 14 days before ., with" 14 days after"
· Appointment of transport inspectors must be fastracked
· Taxi operators are of an opinion that an association for LDVs are unnecessary.
· The Bill should include the LDV's to in the suggested R50 000 subsidy
· Government proposed R50 000 per taxi operator is not enough
· Lending out of taxi licenses and permits to incoming taxi operators should be monitored and ensure that Taxi owners require standards
The attendees all agreed that they support the Bill and requested that they must be kept informed of the implementation processes.
The House now mandates the Permanent Delegates to vote for the Bill.
PORTFOLIO COMMITTEE ON PUBLIC WORKS, ROADS & TRANSPORT
06 June 2006
Report on the voting mandate on the National Land Transport Amendment Bill [838 - 2005]
1. Report from inter-provincial meeting
a) On 6 June 2006 Mr. T. Malakoane. Assistant Legal Advisor of the Free State Legislature briefed the Committee on the report from the interprovincial meeting held on 31 May 2006.
The Committee considered the Bill and further reiterates Its proposal that:
Clause 22 (3) (a)
Page 9 line 32, delete the word "but" up to and including the word "exceeded- in line 38.
Motivation: Such an indulgence of the usage of bigger replacement vehicles may lead to confusion and apparent violence in the industry. The replacement vehicle must remain the same as the original licensed vehicle.
The Committee recommends that:
(a) Authority be conferred to the Free State Delegation, to vote for the adoption of the Bill with the aforementioned amendment.
Mr. H. Nketu: Chairperson: Public Works, Roads &Transport Committee Free State Legislature
06 June 2006
CONFERRAL OF VOTING MANDATE ON NATIONAL LAND TRANSPORT TRANSITION BILL, [B38-2005]
The Limpopo Legislature has at its sitting held on Tuesday, 06 June 2006 adopted the report of the Portfolio Committee on Roads 81Id Transport on National Land Transport Transition Bill, [838-2005], and granted authority to NCOP Permanent Delegates to vote in favour of the Bill.
A report of the Portfolio Committee is attached herewith for your easy reference.
ADV. E.N LAMBANI
REPORT OF THE PORTFOLIO COMMITTEE ON ROADS & TRANSPORT ON NATIONAL LANO TRANSPORT TRANSITION BILL [B 38 - 2005]
The National Land Transport Transition Bill 2005 was referred to the Legislature by the National Council of Provinces. Upon receipt by the Provincial Legislature. the Bill was further referred to the Portfolio Committee on Roads and Transport for consideration.
2. PURPOSE OF THE BILL
Primarily, the Bill seeks to effect additional changes on the definition of some concepts such as 'association' to include 'any group of persons formed primarily for the operation of a public transport services, thereby bringing into the fold all other modes of transport. These additional definitions were necessary because some were not clear and they had to be reviewed and simplified for proper transport planning regime
The Bill also makes provision for new type of taxi vehicle for taxi recapitalization; extend responsibilities of the Ministers. MEC's, Transport Registrar and Operating License Board. The 8i1t also intends to regulate metered taxis, conveyance of passengers by LDVs and Trucks, including operating licenses for tourist services.
Further than this, the Bill also covers issues relating to skills development legislation, provisions for local government laws on preferential procurement and transport planning processes.
BRIEFING BY NCOP DELEGATES
The Permanent Delegate from the National Council of Provinces briefed Members of the Portfolio Committee on Roads and Transport on the implications of the Bill in Its entirety. On the basis of this briefing, the Portfolio Committee felt that Bill needs to be subjected to public hearings to solicit views of all key stakeholders provided there is sufficient time as per legislative process. Unfortunately the Bill has been fast-tracked and did not give the Committee enough time to conduct public hearings.
3. COMMITTEE POSITION ON THE BILL
It was for reasons of insufficient timeframes that the Portfolio Committee on Roads and Transport decided to continue with the negotiations while exploring avenues to convince the N.COP to consider extension of the legislative process on the Bill
4. FINANCIAL IMPLICATION
The Bill will have financial implication to both province and the people affected by the Bill. The Department has however Indicated its readiness to Implement the Bill if passed Into law.
The Committee having considered the Bill recommends to this Honourable House to confer a mandate to the NCOP Delegates to vote In favour of the Bill to pass Into law.
Honourable Speaker, I move that this report be adopted as a report of this House and I move accordingly
HON TSHIVHASE M P K : CHAIRPERSON: PORTFOLIO COMMITTEE ON ROADS & TRANSPORTA
7 June 2006
MPUMALANGA LEGISLATURE FINAL MANDATE: NATIONAL LAND TRANSPORT TRANSITION AMENDMENT BILL [B38-2005]
The Portfolio Committee on PubIic Works; Roads and Transport (the Committee) deliberated on the National Land Transport Transition Amendment Bill [B38- 2005) (the Bill) on 06 June: 2006.
After deliberations the Committee support the Bill as it stands.
The permanent delegates representing the Province of Mpumalanga in the National Council of Provinces are conferred with authority and mandated to vote in favour of the Bill
HON: YN PHOSA: SPEAKER: MPUMALANGA LEGISLATURE.