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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Land Transport Act, No. 5 of 2009

Long title


To provide further the process of transformation and restructuring the national land transport system initiated by the National Land Transport Transition Act, 2000 (Act No. 22 of 2000); and to provide for matters connected therewith.

Table of contents

SECTION TITLE

TABLE OF CONTENTS
CHAPTER 1.GENERAL PROVISIONS
1. Definitions
2. Purpose and scope of Act
3. Application of Act
4. Principles for national land transport policy
5. Functions of Minister
6. Information systems
7. Delegations by Minister
8. Regulations by Minister
9. Functions of MECs
10. Regulations by MEC
CHAPTER 2. INSTITUTIONAL ARRANGEMENTS FOR LAND TRANSPORT
Institutional arrangements: general matters
11. The responsibilities of the three spheres of government
12. Intergovernmental relations
13. Impartiality
Institutional arrangements: planning authorities
14. Planning authorities
15. Intermodal planning committees
16. Land transport advisory boards
Institutional arrangements: municipalities
17. Establishment of division for the operating licence function and arrangement of administration of certain municipalities
18. Regulatory functions of municipalities
19. Adjacent municipalities
Institutional arrangements: National Public Transport Regulator
20. Establishment of National Public Transport Regulator
21. Functions of National Public Transport Regulator
22. Powers of National Public Transport Regulator
Institutional arrangements: Provincial Regulatory Entities
23. Establishment of Provincial Regulatory Entities
24. Functions of Provincial Regulatory Entities
25. Powers of Provincial Regulatory Entities
Agreements on regulatory matters
26. Agreements on regulatory matters
CHAPTER 3. FUNDING ARRANGEMENTS FOR LAND TRANSPORT
27. Municipal land transport funds
28. Public transport user charges
29. Minister may provide funds for land transport
30. MEC may provide funds for land transport
CHAPTER 4. TRANSPORT PLANNING
31. General principles for transport planning and its integration with land use and development planning
32. Types of plans required by this Act
33. General provisions on transport planning
34. National Land Transport Strategic Framework
35. Provincial Land Transport Frameworks
36. Integrated transport plans
37. Freight transport
38. Publication of transport plans and substantial changes in land use and public transport infrastructure and services
39. Rationalisation of public transport services
CHAPTER 5. CONTRACTING FOR PUBLIC TRANSPORT SERVICES
40. Integration of bus contract system into larger public transport system
41. Negotiated contracts
42. Subsidised service contracts
43. Commercial service contracts
44. Requirements to qualify as tenderer for commercial or subsidised service contracts
45. Involvement of municipalities in public transport services
46. Existing contracting arrangements
CHAPTER 6. REGULATION OF ROAD-BASED PUBLIC TRANSPORT
Part 1. Transitional provisions
47. Rationalisation of existing services: general
48. Rationalisation of existing scheduled services
49. Rationalisation of minibus taxi-type services
Part 2. General provisions
50. Regulation of road-based public transport
51. Entities that must issue operating licences
52. Maximum validity period of operating licences
53. Exemptions
54. Application for new operating licence
55. Operating licences for public transport services provided for in transport plans
56. Operating licences for contracted services
57. Disposing of applications with regard to operating licences for non-contracted services
58. Renewal, amendment or transfer of operating licence or permit
59. Publication of decisions
60. Special events
61. Major special events
62. Issue and contents of operating licence
63. Authority conveyed by operating licence
64. Persons who may hold operating licences
65. Long-distance services
66. Metered taxi services
67. Charter services
68. Staff services
69. Lift clubs
70. Tuk-tuks
71. Adapted light delivery vehicles
72. Transporting of scholars, students, teachers and lecturers
73. Amendment of operating licence to replace specified vehicle
74. Temporary replacement of vehicle
75. Interaction between public transport and cross-border road transport
76. Duties of holder of operating licence or permit
77. No cession, alienation or hiring out of operating licence or permit
78. Cancellation of operating licences and permits not in use
79. Withdrawal, suspension or amendment of operating licence or permit
Part 3. Regulation of tourist transport services
80. Tourist transport services: general provisions
81. Accreditation of operators of tourist transport services
82. Application for accreditation
83. Cancellation of accreditation
84. Certification of vehicles for tourist transport services
CHAPTER 7. LAW ENFORCEMENT
85. Land transport law enforcement
86. Appointment of inspectors
87. Impoundment of vehicles
88. Presumptions and proof of certain facts
89. Powers of authorised officers
90. Offences and penalties
91. Extraordinary measures in declared areas
CHAPTER 8. APPEALS
92. Appeals to Transport Appeal Tribunal
CHAPTER 9. TRANSITIONAL AND FINAL MATTERS
93. Transitional provisions
94. Laws repealed or amended
95. Act binds State
96. Short title and commencement
Sch. SCHEDULE. LAWS REPEALED OR AMENDED (SECTION 94)

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