South African Government

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National Transport Policy White Paper

Foreword
Acknowledgements
Introduction
Policy goals and objectives
Policy principles
Policy statements
Transport infrastructure
Land passenger transport
Land freight transport
Civil aviation
Maritime transport
Road traffic and safety
The way ahead
List of abbreviations
Explanations of terminology
Participants in the review process
Comments on the Green Paper

 

 

 

 

 

FOREWORD

When I became Minister of Transport my first priority was to produce a White Paper on National Transport Policy. I committed myself to a process of reviewing national transport policy to ensure that this policy meets the needs of all our people, within the constraints of our resources and within the changed environment in South Africa. The process began early in 1995, and after extensive consultation with stakeholders in working groups and plenary sessions the first phase culminated in March of 1996 with the release of a Green Paper. We have since received substantial and helpful feedback on that document.

Having noted the varied and often conflicting opinions of the respondents, we have reviewed our proposals and crystallised our thoughts. Inevitably we are unable to satisfy all views. In the final analysis Government has to take its own decisions bearing in mind what serves the national interest. The result is this White Paper which sets out the national Government's transport policy. It will provide a basis for transport to play a more strategic role in social development and economic growth.

We recognise that some policy changes cannot be implemented overnight. In such cases we will, in discussion with the stakeholders affected, phase the implementation over a transitional period in a planned manner, inter alia, to give time for the development of a stable institutional capacity to manage the implementation.

In accordance with the Constitution of the RSA, powers and responsibilities for transport are shared between the various levels of Government. The policies described in this document are those of the national Government. I am confident that provincial and local Governments, who have participated at all stages of this policy review process, will adopt these policies as a broad framework within which they will develop their own specific and more detailed policies.

I am grateful to everyone who has participated in the policy formulation process

Mac Maharaj
Minister of Transport
August 1996

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    ACKNOWLEDGEMENTS

    The policy review process has been as inclusive as possible. Individuals and representatives of a large number of organisations have participated in meetings of the Steering Committee, Working Groups, Plenaries, and Workshops. These are listed in an annexure.

    The Green Paper on National Transport Policy was released to the public on 7th March 1996, and comments invited by 30th April. The organisations and individuals who had submitted comments by 31st May are listed in an annexure.

    In addition to the written comments received on the Green Paper, a number of organisations made verbal representations to or had individual discussions with the Minister.

    The contributions of these organisations, and those of many individuals, are acknowledged.

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    INTRODUCTION

    Transport plays a significant role in the social and economic development of any country, and the Government has recognised transport as one of its five main priority areas for socio-economic development. The effectiveness of the role played by transport is to a large extent dictated by the soundness of transport policy and the strategies utilised in implementing the policy.

    Public policy cannot be static but must be dynamic in nature. It must at all times be perceptive to the environment within which it operates. Policy therefore needs to be reconsidered and if necessary revised on a continuing basis.

    The last major analysis and formulation of transport policy in South Africa took place in the mid 80's. Since then there have been many profound and far reaching changes in the country and the time is opportune for a review of transport policy.

    Early in 1995 the Department of Transport embarked on a project to review and revisit transport policy and formulate new policy where it has become necessary to adjust to a changed environment. This policy making process involved, as far as possible, all role players and the public at large in identifying issues, generating policy options and discussing and accepting policy proposals.

    The first phase of the policy process was to set up a steering committee to guide the policy review study but not to make policy recommendations. The steering committee that was established was fairly inclusive without pretending to be fully representative. It included people from all key sectors of transport and as far as possible was constituted to involve all interest groups involved in the process.

    A working group was established to develop an overarching framework for national transport policy. It formulated a long-term vision for transport in South Africa.

    Six sectoral working groups involving a cross section of the role players in the transport industry were established to analyse issues within specific transport sectors. These working groups each dealt with separate elements of the total transport policy process.

    The reports of these separate working groups were submitted to a plenary meeting which involved more than 300 people from across the entire spectrum of transport, and which was held during July 1995. Various public seminars were also held on the specific elements covered by particular working groups and an opportunity was provided for the community as a whole to make their input into the proposals of the working groups and the subsequent reports they produced. The working group addressing the public passenger transport function carried out its activities cognisant of the work of the National Taxi Task Team and their final report has been extensively discussed by, and with, representatives of the Task Team.

    Following the first plenary meeting and the various public seminars the working groups, taking cognisance of the input received and the issues and problems identified, produced revised reports with policy proposals to address the issues perceived as being problematic. Their contents were summarised into a draft Green Paper on National Transport Policy, which was discussed at a second plenary meeting in February 1996, also attended by some 300 stakeholders. The Green Paper was then released to the public in March 1996.

    During April, May, and June a large number of comments was received from interested parties across the entire transport sector. These were reviewed at a work session in May, and a White Paper drafted. The draft White Paper was circulated to key stakeholders in July, to allow for final comment, and as a basis for further bilateral discussions.

    The policies expressed in this White Paper are thus the result of a broad public policy making process. Inevitably, however, public policy while taking into account many and various conflicting viewpoints on specific issues, has to enunciate government's views on what will best serve the overall national interest. This White Paper on National Transport Policy will therefore not satisfy all interests on all matters. Nevertheless it is apparent from the comments received on the Green Paper and the Draft White Paper that there is broad acceptance of the policy directions set out in this White Paper.

    Two other processes ran in parallel with this policy review process. These were the deliberations of the National Taxi Task Team, and the Task Team on the Restructuring of State Owned Enterprises. A National Framework Agreement is being negotiated between Government and Labour to inform the restructuring process. The policy review process which culminated in this White Paper formulated broad policy, and did not address tactical issues which are the concern of the two task teams. It did, however, take cognisance of the deliberations of the task teams, and kept them informed of its own work. When the policies expressed in this White Paper are implemented, they will form the framework for the implementation of the recommendations of the National Taxi Task Team and the Task Team on the Restructuring of State Owned Enterprises.

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    POLICY GOALS AND OBJECTIVES

    The broad goal of transport is the smooth and efficient interaction that allows society and the economy to assume their preferred form. To play this role, policies in the transport sector must be outward looking, shaped by the needs of society in general, of the users or customers of transport, and of the economy that transport has to support. Transport can also play a leadership role, for example in acting as a catalyst for development or in correcting spatial distortions. It follows from these that the priorities in providing and using the transport system should be consistent with those that have been set for the country as a whole. These priorities are summed up in the elements of the Reconstruction and Development Programme, namely meeting basic needs, growing the economy, developing human resources, and democratising the state and society.

    Vision

    The vision for South African transport is of a system which will:

    "Provide safe, reliable, effective, efficient, and fully integrated transport operations and infrastructure which will best meet the needs of freight and passenger customers at improving levels of service and cost in a fashion which supports government strategies for economic and social development whilst being environmentally and economically sustainable".

    Goals

    A key ingredient to future success will be the sharing of this vision by all the key role players, backed by co-ordinated and integrated planning and decision making. This requires the formulation of broad goals, and translating them into specific measurable objectives relating to particular modes of transport.

    In order to progress towards this vision, the broad goals of the National Government's transport policy are:

    To support the goals of the Reconstruction and Development Programme for meeting basic needs, growing the economy, developing human resources, and democratising decision making

    The South African transportation system is inadequate to meet the basic accessibility needs (to work, health care, schools, shops) in many developing rural and urban areas. Small scale and subsistence farmers in many rural areas find it difficult to transport products and other commodities to and from markets. In accordance with the objectives of the RDP, these needs will be identified and addressed in an accelerated manner to the extent that resources permit.

    Scarce resources will be mobilised to best meet the needs of those passengers and industries who need them most, and which are in the best interests of society. In order to meet basic accessibility needs the transport services offered must be affordable to the user, and this will be a goal of transport planning, subject to the constraints of the financial affordability of the provision of the services.

    Needed skills and technologies will be identified, including defining current levels and methods for achieving those needed in the future, such as training and education through a variety of mechanisms.

    Fair and acceptable labour practices, workers' rights, job creation and security, sound working conditions, health and safety, and welfare benefits of employees in the industry will be promoted, and where appropriate regulated.

    In order to broaden economic participation in transport service provision, the Department of Transport will identify how ownership and participation, including jobs, organization, and bidding processes, influence participation in the various transportation sectors and how these will be enhanced through the proposed policies. The Department of Transport will carry out its functions in a way which promotes small, medium, and micro enterprises.

    Public participation in decision making on important transport issues, including the formulation of policy and the planning of major projects, will be encouraged.

    To enable customers requiring transport for people or goods to access the transport system in ways which best satisfy their chosen criteria.

    A key focus of the policy will be on meeting customer needs.

    The needs of the community and customers will be determined and provided for by a transparent, consultative, coordinated and accountable process, based on comprehensive information.

    Responsive to inputs from customers, key customer groups will be identified, and assessments made of their individual needs and how these can best be met. These will include the users of passenger transport services, for commuting, educational, business, tourism, and private purposes, in the urban, rural, regional, and international environment, by all modes. Special customer groups will include the poor, and the disabled. The key customer groups will also include persons sending goods, which could be high bulk goods like coal and minerals, manufactured products, perishables, or those goods which have specialised requirements like hazardous materials, in all environments, by any mode.

    The transport system will aim to minimise the constraints to the mobility of passengers and goods, maximising speed and service, while allowing customers the choice of transport mode or combination of transport modes where it is economically and financially viable to offer a choice of modes. This demands a flexible transport system and transport planning process which can respond to customer requirements, while providing on-line information to the user to allow choices to be made. It also requires infrastructure to be tailored to the needs of the transport operators and end customers.

    To improve the safety, security, reliability, quality, and speed of transporting goods and people

    The safety, security, and quality of service of some modes of transport are currently unacceptable. The government is committed to a concentrated and integrated effort to bring them into line with international best practice. Particular attention will be paid to road safety.

    To improve South Africa's competitiveness and that of its transport infrastructure and operations through greater effectiveness and efficiency to better meet the needs of different customer groups, both locally and globally

    A key goal is to build southern Africa's competitiveness in international trade by ensuring that the region's competitive advantages can be accessed and marketed. The transport element of the cost of agricultural products, raw materials, and manufactured goods can be a significant and deterring proportion of the final cost of both exports and imports.

    This will require a decrease in transport costs for a given level of service, or increase in quality of service for a given level of cost, or where possible, both an increase in service and a decrease in cost. For passengers this means the cost of transport should represent a declining, and low, percentage of disposable income; while for goods transport costs should represent a declining percentage of total cost of goods sold (for the same level of service).

    It is Government's view that these goals can best be met by ensuring competition in the provision of infrastructure and operations.

    Current levels of competition, the platforms on which such competition occurs, the sufficiency or insufficiency of competition, the presence of any monopolies, and policies necessary to regulate monopolies (such as the control of tariffs) or optimise competition without prejudice to the parties involved will be identified.

    Diesel fuel is a significant element of the input costs of public passenger and freight transport. Reducing the price of diesel will make the economy more competitive by lowering the input costs of the transport modes which contribute most significantly to economic development. The introduction of a significant differential between the price of diesel and petrol fuels in line with world practice will be considered in consultation with the Liquid Fuels Task Group and the Departments of Mineral and Energy Affairs and of Finance.

    To invest in infrastructure or transport systems in ways which satisfy social, economic, or strategic investment criteria.

    Transport infrastructure costs generally represent only a small proportion of total transport costs, which include the costs of infrastructure, operation, and externalities.

    Given the long-term nature of investments in transport infrastructure and systems, South Africa must build a strong financial base for the creation, maintenance and upgrading of transport infrastructure. There will be targeted investment to build infrastructure in the right places and of the right kind which serves the needs of the society and the economy.

    There is generally a conflict between providing higher levels of service and minimising infrastructure costs - both the high-level infrastructure needed for the efficient functioning of the economy, and the infrastructure required for social development. It will not be possible to satisfy all demands, and tough choices will have to be made.

    Investments will be made after analysis of the return on such investment (ROI). Long-term investment decisions will be based on sound and explicit criteria aimed at optimising the use of scarce resources. These resources are not only financial, but also human and material resources. Investment decisions will be taken against a set of criteria which include lifetime cost, economic, social, and other returns on the investment to the country; returns to the transport system itself; and returns to the customer of the investment decision. Financial, legislative, organisational and other investment criteria should be met. Specific indicators should be associated with each, as well as information on who will make the investment, what the expected time horizon is, and sources of finance.

    Currently Government also subsidises certain transport operations for specific purposes. Where Government finds it desirable to continue to make grants or pay subsidies to achieve elements of its transport goals, it will do so in a manner which ensures transparency.

    To achieve the above objectives in a manner which is economically and environmentally sustainable, and minimises negative side effects.

    The provision of transportation infrastructure and the operation of the transportation system have the potential for causing damage to the physical and social environment, inter alia through atmospheric or noise pollution, ecologic damage, and severance. Government is cognisant of these dangers, both in regard to the detrimental effect on our own environment, and in regard to international sanctions which could adversely affect the export of South African goods. The Department of Transport is committed to an integrated environmental management approach in the provision of transport. Potential environmental issues will be identified and addressed, taking into consideration the costs and benefits associated with alternatives. These costs and benefits will be quantified in both economic and sustainability terms. The Department of Transport will liaise with the Departments of Environmental Affairs and Tourism, Water Affairs and Forestry, and Mineral and Energy Affairs in this regard.

    The South African transportation system is heavily dependent on non-renewable energy sources. Government will make responsible choices, and minimise unnecessary travel, although it will not take steps to cut fuel usage in a manner which harms the economy. Differentials between the prices of diesel, and of unleaded and leaded petrol, will be addressed as a means of encouraging the use of more efficient and less environmentally harmful fuels. The Department of Transport will liaise with the Departments of Mineral and Energy Affairs and of Finance in this regard.

    Environmental sustainability will be a key measure in investment decisions. Investments in infrastructure which will not build economic efficiency or where infrastructure is unsustainable will be discouraged. Investments in infrastructure which promote energy efficiency, and the least consumption of resources, will be favoured.

    Strategies to attain these goals

    Strategies for implementing these goals will be discussed in following sections. Two key thrusts to achieve these goals, namely the promotion of integration and intermodalism, however, deserve mention at this stage.

    Assurance of modal, spatial, institutional and planning integration is critical to transportation policy. Depending on the decision to be made, the appropriate government departments, private sector, and consumers will be integrated in the decision-making process through appropriate fora. The transport sector will participate with other sectors in broader policy-making and decisions which affect the demand for transport. The roles and responsibilities of the key stakeholders and service providers will be clearly agreed. This will enable government regulation to be kept to a minimum, while the private sector will be able to build and operate within a competitive environment, be socially and environmentally responsible and self-regulating, and will be world-class transporters and transport service providers.

    Intermodal co-ordination, co-operation and sharing of information will be encouraged in both infrastructure provision and operations to optimise customer service, reduce duplication, reduce destructive competition, minimise total costs, and maximise social and economic return on investment. While there are preferred roles for the various transport modes, often in an hierarchical framework, and there are benefits to be gained by the use of the most appropriate mode, or of multiple modes with effective interchanges between them, it is not the intention of government to dictate such mode choices. In promoting intermodalism the Government intends to level playing fields and eliminate constraints or disincentives resulting in inefficiencies, including the use of inappropriate modes. A key driver of reducing costs of transport is capacity utilisation. As such, a goal of infrastructure and modal planning will be to optimise capacity utilisation and to achieve a level of integration between modes. Government will not however force the use of particular modes simply to utilise existing spare capacity, and customer service criteria (cost, timeliness, reliability, security etc) will be the determining factor in mode choice. In principle, intermodalism will be fostered by incentives, and not regulation.

    A goal of the transport system is to create a fully integrated transport and information system which permits seamless, efficient, and transparent passenger and freight logistics in South Africa, regionally, and globally. South Africa's export focus will be supported by developing the seamless integration of goods transport into regional and global transport patterns.

    A strong, focused, professional Department of Transport will play a leading role in co-ordinating transport policy, and developing and implementing strategies. This it will do in close co-operation with other government departments, other levels of government, and other stakeholders. There will be closer co-operation between transport and land-use planning. Appropriate service delivery mechanisms for the provision of infrastructure and operations will as far as possible be carried out through the use of agencies outside of government.

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    POLICY PRINCIPLES

    This is a national policy document. It makes reference to various roles, functions, and activities of government. In some cases these relate only to national government, but in other cases they are, in accordance with the Constitution of the RSA, the concurrent responsibility of the national, provincial, and local levels of government.

    In striving to meet the objectives defined in the previous section, the national government will be guided by the following broad principles:

    The role of government

    In the past, Government's dominant role has been as a regulator of bureaucratic detail, a provider of infrastructure, and a transport operator, but it has been weak in policy formulation and in strategic planning. Government intends to reverse this legacy, and to focus on policy and strategy formulation which are its prime role, and substantive regulation which is its responsibility, with a reduced direct involvement in operations and in the provision of infrastructure and services, to allow for a more competitive environment. Government will emphasise strategic planning and bring together key players in broader national strategies which could not be achieved by any single player. Government will retain the regulatory role to ensure unbiased regulation of safety and quality in general, to control market access for transport operators where this is necessary, and to prohibit excessive tariffs in the case of monopolies. This will need a national Government machine which is smaller, more focused and more skilled, and which can regulate more complex relationships with operators. The shift will affect all levels of Government - local, metropolitan, provincial, and national, and it implies a major restructuring of our transport parastatal sector.

    Institutional principles

    Public policy making is carried out at various levels of government. The cascading nature of public policy leads to national government policy generally being broad in nature and providing the reference framework within which more detailed policy is made at provincial and local authority level. Because of this, transport institutional policy needs to address arrangements for the relationships between various levels of government, as well as the structure for non government, or statutory transport bodies.

    Inter-governmental matters

    In addition to the exclusive responsibilities of the National Government in regard to certain functional areas of transport, it has certain joint responsibilities with various other governments.

    Regional

    The National Government will co-ordinate the relations between South Africa and neighbouring countries, and consult with the provinces where appropriate. Since South Africa became a member of the Southern African Development Community (SADC) in August 1994, the Department of Transport has been actively involved in the activities of the Southern African Transport and Communications Commission (SATCC).

    Integrated transportation systems are required to link the South African economy with that of the region. The focus will be on harmonisation, and support of the SADC-SATCC Protocol on Transport, Communications, and Meteorology which seeks to advance the common regional economic and social prosperity through a process of regional integration. The protocol highlights the fact that the transport sector has a regional and global character and as such seeks to promote integration and co-operation in transport matters between member states.

    National-Provincial

    Schedule 4 of the Constitution of the RSA dated May 1996 lists Functional Areas of Concurrent National and Provincial Legislative Competence. These include, inter alia:

    • Airports other than international and national
    • Environment
    • Public transport
    • Road traffic regulation
    • Tourism
    • Trade
    • Urban and rural development
    • Vehicle licensing
    • and certain local government matters:
    • Municipal airports
    • Municipal public transport
    • Harbours

    Shared responsibility items are a matter for negotiation and agreement between the National and Provincial Governments. Clarity on many of these items have already been achieved in the Constitutional Transformation Process for the Transport Sector. Where it is in the national interest to have uniformity, the National Government will play a major role. Where flexibility is required, or where there are reasons for different approaches in the different provinces, a joint approach may be appropriate, with the provinces legislating and implementing as appropriate. An example of this joint approach is the case of road traffic legislation where an overarching central Road Traffic Act will legislate and regulate matters of nation-wide concern, whilst separate provincial Road Traffic Acts will legislate and regulate matters of specific provincial concern, within the framework of the overarching Act.

    To promote integration and co-ordination of policy and activities between the national and provincial authorities a co-ordinating structure termed the "Ministerial Conference of Ministers of Transport" (MINCOM) has been established.

    The process of interaction with the provinces on the allocation of powers and functions to the most appropriate level, and to establish mechanisms for co-ordination and cohesion to promote the strategic and functional interests of transport is currently in progress. In some circumstances, for example where capacity has yet to be established, it may be desirable to phase the devolution process in consultation with the provinces concerned. An example of such a circumstance is the case of commuter rail transport.

    Provincial-local

    In terms of the RSA Constitution the National Government is not directly concerned with the relationship between provincial and local governments. The metropolitan conurbations in particular are however of major importance, and a large proportion of South Africa's transport activities take place within metropolitan areas. Institutional arrangements should recognise this. Government is committed to the principle of subsidiarity.

    Non-government and statutory bodies

    Various non-governmental statutory bodies play key roles in the South African transport system. These include the Transnet Group (Spoornet, Autonet, Portnet, Petronet, and South African Airways), the South African Rail Commuter Corporation (SARCC), Metrorail, the Airports Company (ACL), the Air Traffic and Navigation Services Company (ATNS), Sun Air, Transkei Airways Corporation, and the South African Roads Board (SARB). Their institutional positions are currently under review as part of the process of restructuring state assets, and proposals for structural institutional and ownership arrangements have been recommended to Cabinet by a task team on restructuring of State Owned Enterprises. A National Framework Agreement is being negotiated between Government and Labour which will inform the restructuring process.

    Arms-length commercial institutions

    Certain elements of Government's current activities in service provision and operations could be undertaken more efficiently and cost-effectively in specialised environments, giving higher levels of service to consumers which would be paid for by direct or indirect user charges. This could be done through professionally managed arms-length agencies functioning according to commercial principles, with government retaining the responsibility of ensuring that minimum standards are maintained, and that essential services are provided. This approach will be considered in cases where "economic infrastructure" is concerned, where skills are required which government departments have difficulty in retaining, and where within the current legal, financial, and institutional framework Government has difficulty in operating as it does at the present. Three areas have been identified in which there is potential for applying this approach, which could be extended to other areas later:

    • the provision and maintenance of a primary national road network
    • the provision of maritime survey and safety services, and
    • aviation safety.

    Implementing, regulating and advisory bodies

    Within the transport sector there exist various regulatory and advisory bodies, for example the National Transport Commission (NTC), an independent Regulating Committee for the Airports Company and the ATNS Company, and Road Transportation Boards. Consideration will be given to the establishment of a Maritime Safety Agency, an Aviation Safety Agency, and a Roads Agency for primary roads, to allow for more professional focused service provision in these three areas. Policy proposals in respect of some of these are dealt with in the specific function areas in this White Paper. The Transport Advisory Council (TAC) has been disbanded as it is felt that the very important input to the Minister and the Department of Transport from private sector interest groups would best be effected through direct representations from the specific groups.

    Financing principles

    Financing approaches do not have to be consistent across the whole spectrum of infrastructure and operations. Internal consistency will however be sought. Distinction will be made between:

    Elements of "economic" infrastructure and operations which provide a measurable economic or financial return.

    This category includes "economic" infrastructure (primary roads, railways, ports, airports, and pipelines), where the principle of user charging or cost recovery from direct users will be applied as far as possible.

    In the case of roads this may take the form of a fuel levy, which is a surrogate user charge, and where viable or appropriate, tolling which is a direct user charge.

    This category also includes all freight transport operations, and financially viable passenger transport operations. These should be operated on commercial principles. There should be no Government subsidy of these elements of operations.

    Government will strive to prevent any actions of the state from distorting pricing.

    Elements of infrastructure and operations which cannot or should not be paid for by the user, but which provide social benefits.

    Government is fully cognisant of its responsibility to play a leading role in the provision of socially necessary infrastructure, and to ensure the provision of operations and services to provide mobility and accessibility. It will contribute to the financing of services which are socially necessary, in a transparent manner. This could be in the form of appropriations, grants or subsidies to achieve an equitable distribution of resources, or as an incentive to provide services which are desirable in a broader social context, such as to promote public transport. In the longer term Government will seek a reduction in the cost to the state of the subsidisation of transport operations, predicated on a more effective and efficient public transport system being developed.

    The high costs, inefficiencies, the high and often unrealistic expectations, and the limited financial resources of Government, mean that it is unlikely that it will be possible to meet all demands in respect of transport services.

    Government will strive to level playing fields, and will promote competition where appropriate.

    Transport authorities are concerned that the current funding for such services are both inadequate and variable, and will continue their efforts to secure adequate and consistent funding.

    The management, regulation, and control of operations.

    The management, regulation, or control of elements of the transport system may result in financial income (for example charges for inspections, or fines) or in non-monetary benefits (for example the reduction of casualties, or preventing the abuse of monopoly power). It is proposed that a more direct linkage be established between the tangible and intangible benefits of these activities and defraying the costs of such management, regulation, and control.

    This includes the management of the road traffic system to promote safety, security, and a higher level of service. In this case a closer relationship between expenditure and the revenue generated (eg the revenues from traffic law enforcement, or insurance) should be established.

    Government will strive to be consistent in applying these principles, although recognises that they may not all be applicable in all cases. Where it has to deviate, it will strive to make the financing transparent. In particular, all subsidies will be made transparent.

    In all cases of Government financing, the return on investment (whether financial, economic, or social) of monetary and other resources must be justifiable.

    Principles of regulation

    Regulation is basically a form of intervention by Government, and the intention is to regulate only where it is essential. Government will apply different forms of regulation to ensure that its vision and objectives are realised - for example if it needs to regulate to ensure that desired services which would not be financially viable are provided. The form of regulation will differ according to circumstances:

    Regulation of specific services provided under contract: This is the highest form of regulation, in which the authority specifies in detail the service to be provided, and can impose a variety of sanctions if this is not met. This category includes commuter rail services, and tendered public transport services by bus or taxi.

    Regulation of monopolies: Government has a role in controlling tariffs, and in setting service and safety standards. Examples of this category are the state airports, the ports, and road and rail concessions.

    Regulation of the operations of competing operators: The role of Government will be that of ensuring level playing fields, and regulation for safety, leaving the operator as much freedom as possible to provide customer service as demanded in a competitive environment. In the case of freight transport, regulation will be in the form of the regulation of the quality (including safety) of the service, and not economic or entry regulation. In the case of road-based public passenger transport, Government proposes a form of regulated competition, which requires that operators function in a competitive environment, but in a manner which complies with the objectives of Government.

    Regulation by contract: This is not an abdication of responsibility by Government, but involves establishing a formal contract with an operator to abide by an agreed set of rules. Instead of investigating and proving individual contraventions, regulation and enforcement by Government involves establishing whether the contract has been adhered to.

    Human Resource Development

    The human resource needs of the transport sector are multidisciplinary in nature. Neither the public nor private sectors possess the people, skills, or technological knowledge to fully implement this policy framework, manage the system envisaged, and so achieve the vision for transport.

    Government will move towards a culture where labour is seen as a resource and not merely as a cost of production. It will strive to promote good labour relations. Fair, humane, and acceptable labour practices, workers' rights, job creation and security, sound working conditions, health and safety, and welfare benefits of employees in the industry will be promoted, and where appropriate regulated.

    Government will assume some responsibility for capacity enhancement and improving the human resource pool in the transport sector. It will do this in accordance with the National Qualifications Framework, and in particular by:

    Promoting tertiary education in the transportation disciplines, at South African universities and technikons, and forging partnerships internationally to provide more scholarships,

    Promoting training and skills development, where relevant through Industry Training Boards.

    Government however does not accept sole responsibility for human resource development, and looks to the private sector to assist in meeting the challenge.

    Government will support research into, development of, and implementation of appropriate and innovative technologies to meet present needs, as well as to keep pace with the rapid development of advanced transportation and information technologies internationally. Towards this end it will continue its support of Centres of Development in specific aspects of transport.

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    POLICY STATEMENTS

    The policy of government in accordance with these objectives and principles, is set out on the following pages, grouped into the following six areas:

    Infrastructure

    1. Transport infrastructure (all modes)

    Operation and Control

    1. Land passenger transport
    2. Land freight transport
    3. Civil aviation
    4. Maritime transport
    5. Road traffic and safety

    In each of these areas, the mission and strategic objectives for the function are set out, the key issues are highlighted, and policies for addressing these issues are stated.

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    TRANSPORT INFRASTRUCTURE

    Transport infrastructure comprises all physical elements upon which transport operations take place. It includes roads, railways, airports, harbours, pipelines, interchange facilities, and the associated dedicated power and communications systems. Transport infrastructure represents a significant proportion of Government's total financial investment in fixed assets, and as such needs to be well managed.

    The adequacy or inadequacy of transport infrastructure can have a significant enhancing or inhibiting effect on social and economic development.

    Vision

    As part of the overall long-term vision for the South African transport system, transport infrastructure will

    • be in place for South Africa to be a hub of transport within the SADC region
    • be promoting sustainable economic development by removing constraints on latent demand in development corridors at local, provincial, national and regional level and be providing the catalyst for private investment,
    • be structured to encourage public passenger transport and to discourage excessive private passenger transport in urban areas,
    • allow for seamless intermodalism,
    • be financed through a combination of user charges and private/public sector investments,
    • provide adequate accessibility together with safety and security within the constraints of social affordability,
    • incorporate technological advances which promote and enhance the role of transport in the economy and development, and
    • be structured to ensure environmental sustainability and internationally accepted standards.

    Mission

    The mission for transport infrastructure is:

    "To provide an integrated, well-managed, viable and sustainable transport infrastructure meeting national and regional goals into the 21st century, in order to establish a coherent base to promote accessibility and the safe, reliable, effective and efficient movement of people, goods and services"

    Strategic objectives

    The strategic objectives for transport infrastructure to achieve this are to:

    • Establish sound intermodal co-ordinating structures,
    • Maintain and develop the transportation infrastructure system, and prioritise its development in terms of sustainable economic and development needs,
    • Foster a sound financial base for transportation infrastructure,
    • Aid the promotion of a strong, diverse, efficient and competitive transportation industry within the limits of sustainable transport infrastructure,
    • Promote environmental protection and resource conservation,
    • Enhance the competitiveness of South African industry and the quality of life of its citizens by providing protection of consumers, safety and security, and meeting accessibility, reliability and mobility needs by providing transport infrastructure to serve the purpose,
    • Ensure that the transport needs of the country's disabled population are taken into account when new infrastructure is planned and designed, and
    • Advance human resource development in the provision of transportation infrastructure.

    Policy statements

    Establish co-ordinating structures

    Issue

    The responsibility for infrastructure used by different transport modes is fragmented between different government departments and parastatals and also between different levels of government. The absence of a structure or mechanism for the co-ordination of the strategic planning for this infrastructure can lead, and has led, to "mis-matches" in infrastructure provision, inefficiencies in operation, and duplication of facilities with consequent sub-optimal utilisation. The country, with its scarce financial resources, cannot afford such a situation and it is necessary to bring together public sector bodies (at all levels) and private sector interests (including the construction industry) in an attempt to optimise resource usage as well as the transport infrastructure system. This structure will need to be cascading in nature to address infrastructure needs at the three levels of government as well as integrating the various elements of transport planning and infrastructure. Effective infrastructure databases at all levels are essential elements of such structures.

    Policy

    A process with appropriate structures to co-ordinate planning to meet identified needs will be established to adequately respond to these needs.

    At the national level, the Department of Transport (DoT) will establish a forum to improve the co-ordination of infrastructure planning for all modes of transport. The MINCOM structure will promote co-ordination across national and provincial functions, whilst structures will be developed to provide for co-ordination between DoT and Transnet. Provinces will be encouraged to develop and participate in structures for provincial/local authority co-ordination.

    As a basis for co-ordinated planning, comprehensive infrastructure databases will be established at all levels.

    Maintain and develop the transportation infrastructure system, and prioritise its development in terms of needs

    Issue

    A fundamental consideration in reviewing the policy on transport infrastructure is its appropriate "size". This requires an answer to the question of how much infrastructure, and what type of infrastructure, the country needs. There is a need for the redefinition of national networks, linked to local economic activity and demographics, and also southern African networks.

    Policy

    A more sustainable approach to the provision of transport infrastructure is required, shifting from accommodative, supply-focused transport approaches to a more balanced approach including pro-active land use and transport demand management as part of the policy package. A strategy on long term and integrated planning consistent with the needs of the country will be developed. The Department of Transport will play a more prominent role in initiating relevant decision-making processes and forums on urban and rural development and land use.

    National transportation infrastructure networks will be established, in conjunction with provincial and local government, as well as southern African countries. The primary roads network will be defined.

    Selected ports and airports will be elevated to the status of "hubs" in keeping with international trends, and properly equipped to maximise South Africa's participation in the global economy. These will be identified on the basis of their strategic positions and their economic and financial viability, in consultation with the relevant stakeholders.

    In some cases, where transport is able to act as a leading sector in the stimulation of economic development, the government will take the lead in establishing necessary transport infrastructure and promoting the participation of other public and private sector institutions in order to facilitate and accelerate the development process. The development corridor approach, which involves national, provincial and local activities, will be adopted wherever possible, but in a rational manner to ensure efficient and sustainable agglomeration of activities.

    Decisions on infrastructure investment will be made on the basis of multiple criterion evaluation, to best meet the sometimes conflicting policy goals and objectives.

    A comprehensive management information system, based on indicators and models that enable demand to be quantified, and which will make requisite data available to planners, will be developed, in order to promote an integrated transport management approach.

    The international development of advanced technologies will be monitored and those technologies deemed to be appropriate will be incorporated into the transport infrastructure and operational system.

    Foster a sound financial base for transportation infrastructure

    Issue

    It will not be possible to achieve the mission for transport infrastructure without appropriate funding sources. In general, current funding levels are inadequate for:

    • new infrastructure, covering the whole spectrum of infrastructure from a national level to a local level
    • the maintenance of the existing infrastructure
    • the upgrading of the existing infrastructure where there are capacity constraints or unacceptable service levels
    • intermodal facilities

    Current fiscal constraints are holding back the development of certain critical infrastructure.

    Policy

    Continued attention will be given to justifying greater appropriations from the Exchequer for transport infrastructure, and where appropriate and possible, infrastructure will be funded through user charges and/or investments by the private sector. In addition, attention will be given to seeking and developing new sources for financing of transport infrastructure.

    Subject to market discipline, the necessary funding for the establishment and maintenance of transport infrastructure will be arranged through an appropriate model:

    Public ownership and operation by state departments. The conventional approach, while still a viable option for socially necessary infrastructure, is decreasing in application for higher order infrastructure because of proven efficiency gains from less bureaucratic and more commercial approaches.

    Public ownership and operation by a state enterprise or agency, such as the Airports Company (ACL) or the proposed Roads Agency. This model has been found to increase efficiency in infrastructure provision and maintenance. Concessions for private financing, construction, and operation, such as the Build-Operate-Transfer (BOT) agreements concluded for some major national roads, represent a method for addressing fiscal constraints within such a model.

    Private ownership and private operation. This model involves the transfer (sale) of ownership and responsibility for performance to the private sector. It could be applicable to forms of infrastructure where completely free market forces dictate levels of service and investment, but is unlikely to find application in South Africa in the near future.

    Joint ventures between the public and private sectors.

    Since the various types of infrastructure differ in their suitability and economic viability for cost recovery through user charging and/or direct recovery of investments by the private sector, distinction will be made between:

    • Infrastructure for social access, requiring government funding or "subsidy"
    • infrastructure suitable for indirect user charging, e.g. fuel levies, license fees, tax on fares
    • infrastructure suitable for private sector investment, e.g. toll roads

    Promote a strong, diverse, efficient and competitive industry

    Issue

    Diversity and keen intermodal competition which are essential to an effective transportation system are not features of the South African transport system. Government policy will promote equal competitive opportunities among the transportation modes and encourage co-operation among modes to enable each mode to realise its inherent advantages.

    Policy

    The strategic value of state ownership of the various types of infrastructure will be re-assessed. In certain instances, it may be undesirable for the roles of provider and regulator (player and referee) to be embodied in a single institution. In these instances ownership and regulation of transport infrastructure should be separated, whether state owned or privatised.

    A Cabinet task team is currently investigating ownership and institutional structures in respect of transport assets and the recommendations of this task team will be expeditiously implemented.

    Regulatory structures will be established, where they are appropriate but do not exist. Infrastructure will be regulated where monopoly situations could occur.

    Promote environmental protection and resource conservation

    Issue

    South Africa, in line with the developed world, will have to adapt her economic growth policies to the requirements of environmentally sustainable development. Apart from any other considerations, this will be necessary to assure continued survival in the global economy.

    From the relationship "economic growth depends on transport operations depends on transport infrastructure", it follows that infrastructure should be provided and used in a way that is consistent with sustainability.

    Policy

    Planning for the provision of infrastructure will take place within an integrated environmental management approach, and will include inter alia the performance of environmental impact assessments (EIAs). Among the issues to be considered are environmental impacts, energy conservation, the transport of hazardous materials, and the conservation of scarce infrastructure construction materials.

    Enhance the quality of life of all citizens of South Africa

    Issue

    In accordance with the overall goals expressed in this White Paper, the provision of infrastructure must contribute to the enhancement of the quality of life of all citizens.

    Policy

    Performance indicators will be developed for different types of infrastructure and levels of service to measure the extent to which "quality of life" issues are being met in the provision of transport infrastructure and to adapt where necessary. Inventories of requirements and indicators will be compiled to allow progress to be monitored on a regular basis.

    Clear guidelines on acceptable, equitable and efficient public involvement processes will be established.

    The disabled population has often been overlooked in the design of transport facilities. To improve quality of life the mobility needs of the disabled population will be integrated in the design of new infrastructure, especially in urban areas and in public transport interchange facilities.

    The provision of safe and adequate lay-by and overnight facilities for long-distance drivers on primary roads will be promoted.

    Advance human resource development in the provision of transportation infrastructure

    Issue

    Throughout the transport sector, the current situation is that there is a lack of demographic representation in senior positions; there is a lack of gender equality; there is a lack of staff members with disabilities; line departments and parastatals do not seem to be adequately engaged in training; there is a lack of competency recognition and lack of clear career paths. In addition, although money has been made available for training, more direction in its application is required.

    Policy

    Affirmative Action in the transport infrastructure provision sphere will be accelerated and monitored at all levels of government.

    Training needs for provision, maintenance and operation in transport will be identified and quantified and matched where applicable with skills provision through avenues such as Centres of Development, universities, technikons and technology transfer centres and formal construction contracts (e.g. technical, managerial and business skills).

    The establishment of small, medium, and micro enterprises (SMMEs) addressing infrastructure provision and maintenance will be encouraged. Potential barriers to entry, such as contract documentation and specifications will be removed by the establishment of documentation and conditions appropriate to small enterprises (where applicable, labour intensive construction methods). Large contracts will be managed from a human resource development point of view, i.e. skills transfer conditions for the establishment and advancement of small enterprises as an entry into the formal contracting sector.

    Infrastructure policy for the various modes

    The ensuing chapters of this White Paper set out policy for the various modes of transport. These include policies for both infrastructure and operations. For ease of reference the key infrastructure aspects of these policies are summarised below.

    Roads

    Efficiency in the provision, maintenance, and operation of the primary economic road infrastructure network will be facilitated by the establishment of a professionally managed Roads Agency, with a Board of Control consisting mainly of users from the private sector. The primary road network should preferably be financed through a dedicated levy on fuel and toll charges. Innovative ways of securing finance for the development of road infrastructure will be explored. These include Build-Operate-Transfer (BOT) or Fund-Rehabilitate-Operate-Maintain (FROM) contracts which enable Government to obtain financing from private sources rather than spending taxpayers' money.

    Other rural and inter-city and urban road infrastructure will be the responsibility of provincial and local authorities, and be funded from a variety of tax sources.

    Increased attention will be given to the provision and maintenance of the lowest order roads, both in rural and in urban areas.

    Railways

    Rail is seen as an essential long-term component of the network for both freight and passenger transport. The provision and maintenance of rail infrastructure for bulk and general cargo freight transport, and for inter-city passenger transport, will be determined by market needs and commercial viability. The national transport authority will own the commuter rail infrastructure, rolling stock and land associated with rail reserves, until the provincial or metropolitan transport authorities are able to take over this responsibility. Any further provision of rail infrastructure for commuter transport will be determined by a combination of market needs and social considerations

    Airports

    The continuation of the Airports Company to provide and manage infrastructure at the nine State Airports is confirmed at this stage.

    South Africa also has many smaller airports, many of which are not viable, or duplicate others close by. A separate policy on airports is being drafted to provide direction on the need for, development, and management of these smaller airports.

    Seaports

    A port authority (or authorities) with specific responsibilities for the maintenance and development of port infrastructure will be established. Since it will be a monopoly, the port authority will be regulated by an independent regulator. The port authority will involve key role players in its strategic planning, for example the metropolitan government of a city with a large port.

    The port authority will be independent of any port operating entity (or entities). The principle of competition within a port will be supported.

    Pipelines

    A network of liquid and gas pipelines will be developed based on needs, which will be operated as a utility and regulated by Government.

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    LAND PASSENGER TRANSPORT

    The Land Passenger Transport Policy encompasses all forms of public and private passenger movement on land, including the travel modes rail, bus, minibus-taxi, metered taxi, light delivery vehicles, private motor cars, motor cycles and bicycles as well as pedestrian movement.

    The Policy covers all passenger movements from short distance urban transport to long distance inter-city, rural, and cross-border transport.

    Passenger transport is a generic term used to describe both public and private modes of travel for all purposes, whether commuting or other business-related travel, shopping, tourism, recreational and casual travel.

    The policy includes principles on institutional, administrative, management, (including law enforcement), financial and planning and regulatory components. It encompasses planning including integrated land use/transport and multi-modal planning as well as transport operations. The policy is intended to provide guiding principles for all functional levels, from national through provincial to local government authorities. Included in the policy framework are related fields including human resource development, energy and the environment, transport business development at all scales, information and the marketing of passenger transport policies and services. The framework also encompasses the safety and security of passenger transport users.

    Many of the recommendations of the National Taxi Task Team (NTTT) have been incorporated.

    Mission

    The mission for land passenger transport is guided by the RSA Constitution, the objectives of the RDP and the development policies of the Government of National Unity (GNU). In observing national development principles, the policy is mindful of the principle of subsidiarity, which is the exercising of devolved power at the lowest competent level of government. Devolved transport powers and functions may either be exercised exclusively or concurrently with a higher level of government. Where functions are devolved exclusively to a lower level of government, the policies expressed in this White Paper are the policies which the Department of Transport will follow in a supportive role.

    In accordance with these guiding principles, the mission of the Department of Transport in respect of land passenger transport is to provide leadership in:

    "The promotion of a safe, reliable, effective, efficient, co-ordinated, integrated, and environmentally friendly land passenger transport system in South African urban and rural areas, and the southern African region, managed in an accountable manner to ensure that people experience improving levels of mobility and accessibility".

    Strategic objectives

    The strategic objectives for land passenger transport are:

    Funding

    • To ensure sustainable and dedicated funding for passenger transport infrastructure, operations, and law enforcement

    Spatial

    • To encourage more efficient urban land use structures, correcting spatial imbalances and reducing travel distances and times for commuting to a limit of about 40 km or one hour in each direction
    • To promote the use of public transport over private car travel, with the goal of achieving a ratio of 80:20 between public transport and private car usage
    • To promote rural development that will improve access to opportunities by ensuring that rural workers are housed in close proximity to their work locations and services, thereby reducing the need to travel

    Customer-based

    • To ensure that passenger transport services address user needs, including those of commuters, pensioners, the aged, scholars, the disabled, tourists, and long distance passengers
    • To improve accessibility and mobility, limiting walking distances to less than about one kilometre in urban areas
    • To provide an appropriate and affordable standard of accessibility to work, commercial and social services in rural areas
    • To ensure that public transport is affordable, with commuters spending less than about 10 percent of disposable income on transport
    • To promote safe and secure, reliable and sustainable passenger transport
    • To provide readily-accessible information for the assistance of passenger transport users

    Planning and Regulatory

    • To provide appropriate institutional structures, which facilitate the effective and efficient planning, implementation, funding, regulation and law enforcement of the passenger transport system, devolved to the lowest competent level
    • To encourage, promote and plan for the use of non-motorised transport where appropriate
    • To provide for the registration of all public transport operators as formalised commercial entities, bound by the regulations pertaining to their permission to operate
    • To replace operator permits with permissions (authorities) issued in terms of approved passenger transport plans
    • To promote and implement a system of regulated competition for public transport routes or networks based on permissions or tendered contracts

    Operational

    • To empower and assist disadvantaged operators to participate meaningfully in the land passenger transport system
    • To ensure that operations become economically viable, requiring the minimum financial support
    • To foster a stable investment environment in the public transport industry
    • To encourage a professional approach to the management and operation of land passenger transport
    • To foster manpower and human resources development
    • To ensure that transport modes are integrated in respect of scheduling, routes and ticketing systems
    • To promote acceptable and fair labour practices in the transport industry
    • To ensure that land passenger transport operations are more environmentally sensitive and sustainable, and are energy efficient
    • To promote strong, diverse, efficient and competitive long-distance passenger transport and charter sectors within the limits of the sustainable transport infrastructure, and to enhance the quality of such services through the provision of safe, secure, reliable and cost-competitive systems.

    Policy statements

    Land use and spatial development in support of land passenger transport

    Issue

    Land use and transport development are not integrated owing to a fragmentation of responsibilities for the administration, planning and regulation of the various aspects of land use, infrastructure, operations and regulations. This fragmentation and the legacy of apartheid policies has led to low density development, spatially dislocated settlements and urban sprawl, resulting in inordinately long commuting distances and times, low occupancy levels, high transport costs and low cost recovery. The current housing approach which supports single units on single plots will not achieve the densities required, and conflicts between housing and transport policies need to be resolved.

    Policy

    The following spatial development principles will support passenger transport policy:

    • land use development proposals must be subject to a land use/transport policy framework within an agreed development planning process;
    • the effective functioning of cities and industrial areas must be enhanced through integrated planning of land use, transport infrastructure, transport operations and bulk services.

    Policy actions necessary to provide for urban restructuring (densification) and efficient land use/transport interaction which will be promoted by Government include:

    • establishment of structures (all tiers of government) which facilitate integrated planning of infrastructure, operations and land use in a co-ordinated manner;
    • regulation of land use development at local level so that development approval is subject to conformity with integrated land use/transport plans;
    • land use frameworks, guidelines and policies to channel development, particularly employment activities, into public transport corridors and nodes.
    • development priority will be given to infilling, densification, mixed land use and the promotion of development corridors and nodes;
    • containment of urban sprawl and suburbanisation beyond the urban limits will be addressed through provincial spatial development plans;
    • decentralisation which disperses employment activities must be discouraged, except in specific cases where it is favourable in terms of decreasing total transport costs and travel times on the basis of an integrated land use plan;
    • unrestrained car usage and subsidised car parking will be contained through the application of policy instruments which could include strict parking policies, access restrictions for private cars, higher licence fees, road pricing or area licensing. Restraint on private car usage will however not be implemented independently of improvements in the quality of public transport.

    Institutional structures

    Issue

    Schedule 4 of the Constitution of the RSA of May 1996 has allocated to the national and provincial governments concurrent responsibility for public transport and road traffic regulation, and for municipal public transport. The Local Government Transition Act, 1993, specifies the powers and duties of Transitional Metropolitan and Local Councils and includes the following functions:

    • metropolitan co-ordination, land usage and transport planning;
    • arterial metropolitan roads and stormwater drainage;
    • public passenger transport services; and
    • traffic matters.

    No comprehensive enabling legislation currently exists for land passenger transport. Although the Constitutional Transformation Process (CTP) agreed by MINCOM has clarified the relationships between the various levels of government, and broad agreement has been reached on the division of functions between national and provincial government, further clarification of the exercise of specific powers and functions is required. The CTP agreement governs relationships affected by the assignment of existing legislation to provinces and may be affected by new over-arching land passenger legislation. The allocations of powers and responsibilities in respect of public transport between the provincial and local authorities is a matter for decision by individual provinces.

    Policy

    The principle of subsidiarity and devolution of public passenger transport functions, powers and duties to the lowest appropriate level of government is confirmed.

    A single over-arching Land Passenger Transport Act will be compiled at national level, clarifying the relationships between levels of government, and further defining concurrent and exclusive powers. This Act will specify the allocation and execution of national, provincial, and local passenger transport powers and functions.

    Central Government

    National functions will be as follows:

    • macro passenger transport policy;
    • norms and standards;
    • strategic planning;
    • transport research and studies;
    • funding of some infrastructure projects in the national interest;
    • demonstration projects;
    • aspects of transport-related training;
    • international road passenger transport agreements and regulations in collaboration with the relevant provinces;
    • some inter-provincial passenger transport matters.

    A Cross-Border Permit Board will be responsible for the issuing of all permits for international operations. The National Transport Commission (NTC) will deal with appeals.

    Provincial Government

    Broadly speaking, original financial and executive powers will be given to the lower tier transport authorities, and the provinces will be responsible for co-ordination. Outside metropolitan, district and local transport areas, the provincial transport department will be fully responsible for ensuring the provision of rural transport infrastructure, facilities and services. Provincial functions and responsibilities include:

    • administration of long distance passenger transport in consultation with other provinces;
    • developing provincial land passenger transport policy and legislation;
    • delimitation and designation of passenger transport areas and transport authorities;
    • setting provincial norms and standards;
    • co-ordination of passenger transport among lower level authorities;
    • implementation, monitoring and revision of provincial passenger transport policy;
    • approval of transport plans;
    • ensuring and, where appropriate, undertaking the planning, design, construction, maintenance and funding of public transport operations and infrastructure;
    • ensuring the provision of public transport services;
    • provision of transport funding including subsidisation;
    • co-ordination of land use and transport planning at provincial level;
    • advising the provincial Development Tribunals to ensure that policies in the provincial and local transport and spatial development frameworks are reflected in development decisions; and
    • law enforcement.

    Provincial Permit Boards will be responsible for the issuing of permits at the request of the provincial passenger transport department or metropolitan passenger transport authorities, services or local councils. In the case of domestic inter-provincial operations, it is proposed that a single permit be issued by the Provincial Permit Board in which the application is lodged, and that the onus will be on that Board to obtain the consent of the other Boards affected.

    Metropolitan structures

    In line with the Constitution of the RSA and the Transitional Local Government Act, land passenger transport powers and functions should be assigned to the lowest competent level of government. This level should take full responsibility for execution and implementation in metropolitan areas. The functions assigned to this level should be executed within the framework of provincial legislation, policy, guidelines, norms and standards and appropriate institutional structures should be established to take responsibility for these functions.

    Services, district and local structures

    Outside of metropolitan areas, services, district and local councils, or provincial authorities, will act as transport authorities. They will have the same powers and functions as metropolitan authorities to do planning and implementation of infrastructure and operations. Provincial transport departments will be responsible for co-ordination in respect of services, district and local structures and, in particular, rural bodies which have little or no competence to administer the function.

    Framework for provision of services

    Issue

    There is no statutory requirement to issue permits in terms of passenger transport plans in some cases leading to unbalanced supply, inefficient, uneconomical and unsafe public transport services.

    Insufficient and ineffective transport law enforcement leads to non-compliance with the conditions of permits.

    Deficit subsidy systems may lead to inefficient services.

    Policy

    Government recognises public passenger transport as a basic need, but wishes to ensure that it is provided efficiently so that public resources are used in an optimal manner.

    The public passenger transport system in South Africa will be based on regulated competition Where public transport services require government funding support, for example for welfare, or traffic management, or strategic reasons, competition will take the form of tendered contracts (competition on routes or networks will then be precluded);

    Where public transport can be rendered as profitable commercial services, on-the-road competition will be encouraged, with competition being regulated through the issuing of permissions based on capacity management in terms of the supply policies of the provincial or local passenger transport plans . (For example, this will apply to inter-city coach services, certain long-distance minibus-taxi services and viable short-distance urban services.);

    Charter services will be fully competitive with the granting of permissions being based solely on compliance with safety and traffic regulations.. The regulation will be in the form of a permission, contract or concession awarded in terms of a passenger transport plan and supported by strict law enforcement.

    Permission is the authority to operate a route or network with no subsidy.

    Contract is the authority to operate a route or network at a tendered contract price.

    Concession is the authority to operate a rail line or network at an agreed price.

    There will be a fundamental shift away from monopolistic situations. There will also be a shift away from systems which target commuters only towards one which benefits all passengers.

    Permission is the authority to operate a route or a combination of routes or a network. A permission will be awarded in terms of a passenger transport plan and supported by strict law enforcement.

    In the case of contracts, in order to ensure that there is fair competition between competing tenderers, all public transport operators should:

    • operate on business principles with financial ringfencing,
    • have no unfair access to financial resources other than on a commercial basis,
    • operate as independent legal entities, and
    • be liable for taxation.

    In the case of current public or parastatal operators, compliance with these requirements will be phased in, in the sequence set out above.

    Successful tenderers, when awarded a contract, will automatically be awarded a permission to operate. Permissions for unsubsidised services will also be awarded only to registered operators on the basis of a passenger transport plan. Contracts shall only be awarded by the transport authority to a recognised route entity, co-operative, association, close corporation, company or a legal person, and should be based on a passenger transport plan.

    Rail operations will be based on operating and maintenance concessions, awarded by transport authorities, based on a transport plan with ownership of infrastructure and rolling stock being retained by transport authorities.

    The following are the main implications of regulated competition for public transport modes:

    Minibus taxis: regulated competition will mean that the minibus taxi industry will have to be formalised and measures introduced to enhance its economic viability. Minibus-taxis could form legally registered businesses, for example, co-operatives or companies, or be registered associations. These will have to operate in terms of permissions to operate on a route or network. Permissions will be granted by the provincial permit board. The number of permissions granted on a route or network will be determined by need (demand) estimated in terms of the passenger transport plan. Minibus-taxi businesses may also compete for the awarding of contracts by transport authorities. As far as possible in terms of the transport plan, the determination of routes/networks will be based on existing operations (including both legal and pirate operators). Financial and technical assistance will be offered to minibus-taxis to enable them to obtain permissions and/or contracts and to improve their economic viability. Minibus-taxi businesses may apply for permissions and/or contracts either on their own or in partnership with bus operators.

    Bus operations: may obtain permission to operate from the provincial permit board. They may also compete for tendered contracts which will be awarded by a transport authority. Contracts will be awarded only to bus companies which operate on business principles with ringfencing of finances and no unfair access to financial resources except on a commercial basis, operate as independent legal entities, and are liable for taxation. Existing permits on subsidised routes will have to be translated into interim contracts for a period before competing for tendered contracts.

    Rail passenger transport: the national transport authority will own the commuter rail infrastructure, rolling stock and land associated with rail reserves until the provincial or metropolitan transport authorities are in a position to take over this responsibility. Steps will be taken to utilise rail reserves in accordance with transport plans and spatial development frameworks. Operating and maintenance concessions will then be awarded by the transport authorities, initially at national, and later at provincial or metropolitan level. The current deficit financing system will be abolished and replaced with a concession system which will ensure more efficient and effective use of funds. Concessioning the operation of rail services on a competitive basis (whether to the public or private sector) will help cut fare evasion and improve services, because the money made or lost will impact directly on the operator. The transport authorities will determine fare levels based on a common cost structure and taking account of the fares of other modes.

    All transport operators will be encouraged and empowered to bid for contracts and concessions. The entry of smaller operators will be facilitated by various means, which may include partitioning contracts into parcels of differing size, encouraging bids by co-operatives comprising small, medium and micro enterprises (SMMEs), encouraging or requiring big operators to bid in association with smaller operators, or making provision for subcontracting or franchising.

    In implementing this principle of regulated competition, particularly in the case of contracts and concessions, Government will seek to maximise the stability and job security of employees in the public passenger transport industry.

    Funding

    Issue

    Urban and particularly public transport have experienced low priority in national funding, apart from the subsidisation of rail and bus services.

    Specific funding issues which have arisen include the following:

    • the absence of dedicated funding sources for passenger transport;
    • inadequate funds to ensure the implementation of long-term plans;
    • the funding of public transport operations through multiple sources and channels;
    • the imbalance between spending on infrastructure and operations.
    Policy

    To augment funds transferred from national level, fiscal powers for provincial and local governments in respect of their functional responsibilities will be sought.

    The application of funds to transport improvements should be self-sustaining and replicable. To encourage this, the users of urban transport facilities should pay for all or most of the costs incurred within the limits of affordability. Where subsidies are required for welfare considerations or to promote public transport they will be applied through mechanisms which provide incentives for efficiency.

    Funding will, however, be channelled through a single authority is to ensure that transport operations do not receive funds from more than one authority for offering the same service. A single authority therefore needs to co-ordinate the funds that any one operator receives for rendering passenger services.

    Transport authorities, in consultation with communities, must define passenger transport needs at affordable fare levels in order to identify and target recipients of mobility support. Having identified the mobility needs of communities in order to determine the demand for state supported services, transport authorities should define routes and/or networks for tendered contracts.

    Minibus and other SMME transport operators will be encouraged to compete for the award of contracts by transport authorities. Assistance will be offered to disadvantaged operators to enable them to participate in the system.

    Transport authorities will apply alternative support mechanisms aimed at cost reduction for current minibus operators.

    Supporting policies

    Monitoring of performance

    Government will specify key performance indicators in respect of the strategic objectives. The indicators will facilitate monitoring of the progress of provinces and local authorities in implementing the mission for land passenger transport.

    Government will ensure the development of information systems compatible between the different levels of government.

    Human resource development

    All levels of government must be responsible for identifying needs in establishing priorities and programmes to build expertise on an ongoing basis.

    Education and training facilities must be established to promote human resource development in land passenger transport. Initially, existing education and training facilities must be deployed to meeting training needs. All role players should be given the opportunity to gain access to such facilities.

    Small, medium, and micro enterprises

    Empowerment of SMMEs through training courses should receive priority.

    Integration of SMMEs into the formal public transport system should be addressed pro-actively and in a structured manner by all levels of government and will be a priority in the transitional restructuring of the passenger transport industry.

    Special categories of passenger

    The approach to passenger transport should shift priority from private to public transport and within the latter sector from the provision of primarily peak period commuter services to a fully fledged public transport system catering for a wide range of passengers.

    The needs of special categories of passengers should be identified by the responsible transport authorities, especially at metropolitan and local level, and these should be addressed in their passenger transport plans.

    The disabled population constitutes a significant minority in the South African population, which is often overlooked. Attention will be given to the design of public transport vehicles so that they do not pose barriers to persons with disabilities. Incentives to the minibus taxi and paratransit modes to cater for the needs of persons with disabilities will be considered.

    Energy efficiency and environment

    The use of more energy efficient and less pollutant modes of transport will be promoted. A greater energy awareness will be fostered in both planners and users of the land passenger through public awareness programmes, differential fuel prices, etc. In this regard, close co-operation between the Departments of Mineral and Energy Affairs and of Finance and the Department of Transport is essential.

    Rural passenger transport

    The need to give attention to rural passenger transport is recognised. Accordingly, a national investigation should be undertaken to develop a guideline and framework of principles for rural passenger transport policy. Different principles should be investigated including "mobile service centres", minimum accessibility standards, rural settlement patterns, integration of urban and rural areas and integrated freight and passenger services. The framework should be developed by national government in collaboration with provincial ministers.

    Comprehensive integrated planning

    It is essential for land passenger transport planning to be carried out in an integrated fashion covering all modes. This planning should be done at as low a level as possible and by the relevant transport authority. Independent planning by modal operators, should be discouraged since the passenger transport plan should be comprehensive and cover all modes and the spatial integration of land use activities.

    The planning endeavour should, at the least, address the strategic objectives of the Department of Transport.

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    LAND FREIGHT TRANSPORT

    Land freight transport as a focus area of transport policy embraces both domestic and international conveyance of goods by road and rail and is concerned with: the quality of service to the satisfaction of customers and users (including cost, reliability and timeous delivery); seamless, intermodal operations; optimised use of capacity and management of operations; protection of its infrastructure; and minimized impact on the environment and natural resources.

    Mission

    The mission for Land Freight Transport is:

    "To provide safe, reliable, effective, efficient and fully integrated land freight transport operations and infrastructure which best meets the needs of customers at improving levels of service at an equitable cost in a fashion which supports government strategies for economic and social development while being environmentally and economically sustainable".

    Strategic objectives

    The strategic objectives for Land Freight Transport in order to fulfil this mission are to:

    • Develop a comprehensive land freight transport information system
    • Promote the provision of seamless intermodal services
    • Optimise current capacity and maintain and develop the land freight transportation system
    • Prioritise issues in terms of sustainable economic and development needs
    • Find a practical and reasonable solution that leads to an equitable distribution of infrastructure capital, management, operating and maintenance costs
    • Promote a strong, diverse, efficient and competitive transport industry within the limits of sustainable transport infrastructure
    • Promote environmental protection and resource conservation, with specific reference to all aspects of transporting hazardous substances and goods
    • Enhance the quality of freight transport services by providing transport customers with a safe, secure, reliable and cost-competitive system
    • Advance human resource development and expand participation in the freight industry through the creation and growth of entrepreneurial opportunities, training and skills development
    • Optimise road transport law enforcement

    POLICY STATEMENTS

    Regulation

    Policy

    The existing policy of economic deregulation of land freight transport within South Africa is reaffirmed, subject to strict and effective regulation in respect of traffic quality and safety matters. Operator fitness will be controlled through the implementation of the Road Transport Quality System (RTQS), which will include operator licenses.

    Infrastructure capital, operating and maintenance costs

    Issue

    The key issue regarding level playing fields between the transport modes is equity in the recovery of infrastructure provision, management, operation, and maintenance costs. An equitable distribution of infrastructure cost recovery (capital, management, operating and maintenance) will make a positive contribution to reducing artificial modal shifts and distorted tariff structures created by cross-subsidisation.

    Policy

    Government will strive to level the playing fields to enable fair competition between the various land transport modes.

    A monitoring system will be established, and specific and regular cost recovery studies will be undertaken to determine and equitably allocate costs for the provision, management, operation, and maintenance of all freight transport infrastructure (including road, rail, port, and airport).

    Road traffic law enforcement

    Issue

    Effective law enforcement is essential to ensuring equitable competition in road transport. It will also assist in ensuring equity between the road mode and the rail mode (which is effectively self-enforcing) and thus lay a better foundation for intermodal co-operation and interaction. Current road traffic law enforcement relating to various aspects of freight transport is deficient. The Road Transport Quality System (RTQS) is regarded as too complicated and has not yet been fully implemented.

    This critical issue is dealt with comprehensively in the section on Road Traffic and Safety Policy.

    Seamless intermodal services

    Issue

    Importers, exporters and the local business community need seamless intermodal services if the key thrusts of the national transport policy are to be met.

    Policy

    Government will encourage integration, intermodalism, and partnerships between the modes, provided this does not result in monopolies. Government will not enforce intermodalism artificially, but will facilitate intermodalism where possible by supporting the development of intermodal interchange infrastructure, and by supporting the establishment of information systems.

    There will be a national approach to a total freight transportation system, involving government, customers and users, owners and operators working together. Modal, spatial and institutional integration must be encouraged. To remain customer focused, the freight transport system must be responsive to changes in customer demands, logistical developments and market forces.

    Policies will be supportive of small and medium business, and will ensure operators without control over all elements in the logistic chain, are not disadvantaged.

    Co-ordination

    Issue

    Within South Africa's borders, there is currently insufficient co-ordination between authorities and operators to optimally achieve the road freight policy goals.

    In the regional context, increasing volumes of freight are being moved by road and rail across South Africa's border to and from neighbouring countries in the southern African region. This has brought with it a host of new problems. There is an urgent need to harmonise vehicle specifications; road user charges; transport and traffic legislation; clearing procedures at ports and border posts and other relevant aspects. The present situation frequently prejudices South African road transport operators in particular and land freight in general.

    Policy

    In order to promote co-ordination and interactive participation in the establishment of an acceptable, effective land freight transportation system, a formal consultative forum between government, public and private sectors, operators, stakeholders and users will be established.

    In view of the major role of Transnet in freight transport, a close, interactive and formal working relationship will be established between the Department of Transport, the Department of Public Enterprises and Transnet to promote coordinated planning, management and operations with regard to land freight transport.

    Government will work through regional transport structures including SATCC and Corridor Working Groups to ensure effective road transport law enforcement and management of cross-border routes to ensure compliance with legislation and promote equitable competition in road transport. It will pursue a harmonised road freight transport system in Sub-Saharan Africa. It will work with the Department of Customs and Excise to facilitate trade and freight movements across borders and at ports and airports.

    Transportation of hazardous substances

    Issue

    While classification systems for hazardous cargoes have been implemented, there is no comprehensive integrated system for the control of the movement of hazardous substances and for response to incidents.

    Policy

    Strict government regulations will be imposed to control the transportation of hazardous materials and substances, so as to reduce the chances of disasters occurring, and to place measures in place to deal with incidents immediately and effectively.

    Small, medium, and micro enterprises

    Issue

    The road freight industry is currently dominated by large operators. High capital costs of modern road freight vehicles, the high level of service expectations of customers, and compliance with the road transport quality system (RTQS) make it difficult for small operators to enter the industry.

    Policy

    The RTQS will be simplified, but quality standards will not be relaxed.

    The DoT will promote the entry of SMMEs to the road freight sector, inter alia through formalisation of small operators, training in business management, operator, driver and vehicle requirements, compliance with quality and safety regulation, and identification of suitable niche markets.

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    CIVIL AVIATION

    Aviation policy can be divided into two distinct areas, namely, domestic policy and international policy. The reason for this division is that the government has full power of decision over domestic policies, whereas it has to consult or negotiate with other governments on international policies.

    Domestic policies include policies on air transport, aviation safety, airports and airspace.

    International policies focus on international air transport and relationships with international organisations and other governments or groups of governments.

    South African aviation policy has been extensively reviewed and revised over the last five to six years. This, to a large extent, coincides with the political changes that have occurred in the country. A policy framework for domestic aviation, international aviation and for former State airports and air traffic and navigation services is therefore already in existence. This framework was reviewed and specific issues of concern were addressed during the review process.

    Mission

    "To maintain a competitive civil aviation environment which ensures safety in accordance with international standards and enables the provision of services in a reliable and efficient manner at improving levels of service and cost while contributing to the social and economic development of South Africa and the region".

    Strategic objectives

    Civil aviation should promote the national interests of South Africa in general, and facilitate and enhance the expansion of trade and tourism, in particular

    • Civil aviation policies should promote the development of an efficient and productive aviation industry which is capable of competing both domestically and internationally
    • Economic decisions should, as far as possible, be subject to general competitive principles applicable to all industries, with a view to maximising consumer choice and needs satisfaction
    • User interests are of prime concern, and aviation policies should therefore serve the needs of passengers and other consumers
    • Civil aviation policies should enhance the provision of safe, reliable and efficient services
    • Civil aviation should contribute to the development of human resources, the meeting of basic needs, broadening participation in the economy and the goals and objectives of the RDP, in general
    • Control over the civil aviation industry should be maintained within a well-defined regulatory framework that can cater for changing needs and circumstances and ensure the provision of orderly, safe and reliable services
    • Sovereignty of airspace should be retained and should continue to be vested in the State
    • Civil aviation policies should encourage participation in the aviation industry by creating an environment where investors can realise adequate returns on their investments
    • International relations with other countries, groups of countries and international organisations involved in aviation, should be promoted
    • Any detrimental impact of civil aviation on the environment should be minimised.

    Policy statements

    Domestic air transport

    Background

    Over the past six years, South Africa has revised and implemented its current domestic air transport policy. The salient feature of the current policy is that it is based on the principle of open competition. The market was totally deregulated economically, in 1991.

    The current domestic air transport policy is based on four basic principles, namely:

    1. Safety is of paramount importance, which means that the quality of operators regarding those aspects which affect operational safety should be enhanced
    2. Economic decisions should, subject to the general controls over economic activity applicable to all industries, be left to competitive forces to resolve
    3. Users' interests and views should specifically be taken into consideration
    4. All participants in the domestic air transport market should be treated equally before the law, meaning that operators should be subject to the same rules.

    The independent Air Service Licensing Council (ASLC) is responsible for the licensing of domestic air service operators. There are five entry criteria, none of which are economic in nature:

    • The applicant's ability to provide a safe and reliable service
    • The applicant's adherence to the prescribed requirements for insurance
    • The requirement that 75% of the service be owned by South Africans
    • The requirement that, excepting with prior approval, South African aircraft are to be used in providing the air service; and
    • That the air service would actively and effectively be under the control and management of the applicant.
    • The Department of Transport's role is to ensure that an applicant is able to provide a safe and reliable air service. This role is fulfilled by issuing an operating certificate to a licensee every year.
    Issue

    The appropriateness of current policy within the new political and economic environment needs to be reconsidered

    The measure of overlapping of functions between the ASLC and the International Air Services Council (IASC) on "safety" and reliability.

    The recent demise of airlines in the domestic air transport industry

    Ownership of the three airlines owned by government as parastatals. The issues are, inter alia: Should the State own airlines in a competitive environment? Should State-owned airlines compete against one another? Does this comply with the aim of a level playing field?

    Policy

    The existing policy in respect of domestic air transport is confirmed. The principles on which the domestic air transport policy are based will continue to be:

    • safety of paramount importance
    • market driven services
    • users' interests and
    • equal treatment.

    The Department of Transport and ASLC, in consultation with stakeholders, will continue to refine the details of the policy, as and when necessary, within the framework of the accepted principles. In addition, in order to reduce the likelihood of future disruptions of services, the ASLC will strengthen financial entry requirements for domestic services.

    In order to meet the principle of equal treatment of all participants in the market, which could be jeopardised by the State ownership of airlines, the State will reduce its direct involvement in the provision of air services in what is meant to be a deregulated and openly competitive environment. The Department of Transport will inform the process on the restructuring of State assets in the transport sector, of the policy guidelines on competition and equal treatment, with the request to consider their implications on the proposed action plan.

    Aviation safety

    Background

    The Department of Transport is responsible for aviation safety. This includes the regulation of, and control over, pilot and other personnel licensing, aircraft airworthiness and licensing, air navigation rules and rules of the air, investigation of aircraft accidents and incidents, and so forth.

    Policy

    The Department of Transport will continue with the application of its current aviation safety policies within the broad framework set by ICAO, and will revise the current aviation regulations with a view to ensuring their consistency with the ICAO framework.

    Institutional arrangements

    Issue

    A lack of resources (personnel and funds) hampers the Civil Aviation Authority (CAA) in carrying out safety and related functions effectively and efficiently. This may well lead to the deterioration of our air services which in turn, could affect international trade and tourism.

    Policy

    The CAA will be restructured with a view to ensuring that it fulfils its role and functions efficiently and effectively. Government will consider:

    • the possibility of creating an independent authority
    • various ways of funding the activities of the restructured CAA or making it financially self sufficient
    • the possibility of separating the function of investigation of accidents and incidents from the restructured CAA and
    • the establishment of an aviation court.

    Airports and airspace

    Background

    As a result of the commercialisation of the former State airports and the provision of air traffic and navigation services, and the provision in Schedule 4 of the Constitution that certain airports are a concurrent national and provincial function, the question arises as to what role national and provincial governments should play in respect of airports. Various provinces have expressed interest in constructing provincial airports. The question is therefore whether these initiatives should be coordinated at provincial or national level.

    The speed of modern aircraft, cost of air navigation infrastructure and procedures associated with the control of air traffic, dictate a seamless airspace with as much centralisation of control of the airspace as possible. Globally, the need for more efficient management of airspace has been recognised, and planning is being conducted around the potential of Future Air Navigation Systems (FANS), including new requirements on communications, navigation, and surveillance and air traffic management (CNS/ATM), which will allow the most efficient flight trajectories. A further question is how to divide, assign and control airspace for various users. Management of our airspace must, therefore, be conducted in a manner whereby the safest, most efficient service can be provided to the benefit of all users, and in the interest of the State and general public.

    The former State airports and air traffic and navigation services were commercialised in 1993 by transferring the responsibility for the operation and management of the relevant infrastructure and services, from the Department of Transport, to two companies, namely, the Airports Company Limited (ACL) and the Air Traffic and Navigation Services Company Limited (ATNS). A Regulating Committee was established to oversee the conduct of the companies. Specifically, the regulator is tasked with striking a balance between the commercial interests of the shareholder (i.e. a fair return on his investment), the need to conduct business efficiently and the needs of the companies' clients and the general public - this is often referred to as a surrogate market.

    Policy

    A national policy on airports and airspace management will be formulated.

    All stakeholders, including the local authority, will be consulted in the planning of airports.

    South Africa will support and co-operate with ICAO in the implementation of CNS/ATM.

    The economic regulatory regime in terms of which tariffs and levels of service for the core services rendered by the ACL and ATNS are regulated by an independent Regulating Committee, is confirmed.

    Strategies to attract foreign capital, technology and management skills to ACL will be explored. ACL does not have to remain fully State-owned.

    The ATNS will remain a fully State-owned public utility operating with a focus on providing quality services and be able to recover the costs of its operation and provide for expansion.

    International air transport

    Issues

    The continued appropriateness of the current policy aiming at the liberalisation of the international air transport market which was implemented in 1992.

    The deregulation of international air freight services. The current international air transport policy provides that certain categories of air freight services be allowed without any economic control, and that other categories in turn, be economically regulated. The enforcement of these policies poses a problem, in that certain foreign carriers could by-pass the provisions of the policy and gain advantage over South African carriers, resulting in a disadvantage to the country and its air carriers.

    The provision of non-scheduled air transport services on scheduled routes. The question of allowing non-scheduled services to operate on scheduled routes is one which mainly entails the criteria that should apply for allowing these services. Certain recommendations relating to the implementation of the current policy in respect of non-scheduled services have not been implemented as was originally intended.

    World trends in airline co-operation and their effect on South Africa's policies. One of the major trends in global aviation is the co-operation between airlines, in various ways, in order to become global competitors. Such co-operation includes alliances, equity exchanges, code-sharing, franchising, branding and a host of other forms. The most prominent of these is code-sharing. These forms of co-operation potentially conflict with regulating regimes, could be anti-competitive and could potentially, not be in the interest of the users.

    Policy

    The following broad objectives will continue to be the principles of the international air transport policy as set out in the International Aviation Policy Document and International Air Services Act, namely:

    • to encourage competition in the market place;
    • to safeguard, where necessary, national interests;
    • to encourage South African participation in the market.

    The international air freight market will be deregulated as far as South African airlines are concerned.

    The current regulatory provisions regarding foreign cargo airlines will be retained, and the deregulation of services by foreign operators to South Africa will only be considered by the Government if reciprocity exists.

    The Department of Transport, in consultation with stakeholders, will evaluate its current policy in respect of non-scheduled services and the implementation thereof, with a view to ensuring its compatibility with the broad policy framework.

    The Department of Transport, in consultation with stakeholders, will formulate a policy on airline co-operation in general, and code-sharing in particular, within a framework of promoting competition and co-operation.

    International relations

    Issue

    South Africa is, and will become, a member of various international organisations or groupings of countries. In most cases such organisations have specified the goals and objectives they wish to attain, or have specific policy guidelines for members. One example is SADC's creation of a regional air transport authority, SARATA. The proposal is, inter alia, that SARATA negotiate traffic rights with third countries for, and on behalf, of SADC and its member States. Another example is the Declaration of Yamoussoukro, in terms of which African countries agreed to work towards co-operating on the provision of air services.

    Policy

    Government will support international co-operation in principle, within the framework of the strategic objectives of the international air transport policy.

    Industry promotion

    Policy

    The aviation industry should promote itself to the various levels of government and to the general public, with purpose of creating an awareness of the value of civil aviation as a contributor to the economy of the country and the region, and also, to expose the industry in all its facets to the community in order to promote the recruitment, training and integration of persons of all communities.

    Training

    Policy

    The Department of Transport will liaise and work with other relevant government departments, and other stakeholders, towards the establishment of a training accreditation system for aviation in the broadest sense, with the aim of achieving a standard approach to education and training in this industry. The Department of Transport will also, in partnership with the industry, participate in programmes aimed at the training of persons for the industry.

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    MARITIME TRANSPORT

    Maritime transport encompasses all forms of transport by sea, intermodal links and inland ports but has certain fundamental differences from other modes of transport. First, it caters almost entirely for the freight market, and offers no significant passenger carrying ability. Second, as it operates in an international environment, it is subject to considerable competition and economic pressure from foreign competitors.

    This policy review addresses maritime transport issues relating to economic principles, trades and cargoes, ship financing and registration, the operation of ships, ports, safety at sea, employment & training, and administration.

    Mission

    The mission of maritime transport policy is:

    "To encourage and support the SA maritime transport industry in a manner which underpins the four fundamental objectives of the RDP, gives effect to the overall vision of transport and in so doing which:

    Develops a maritime awareness in South Africa;

    assists in the creation and fostering of an economic environment for the Maritime Transport Industry which will allow it to compete on at least an equal basis with the maritime carriers of other nations and South African land-based carriers;

    ensures safety of life and property at sea and the prevention of pollution of the sea by ships;

    ensures fair labour practices such as, employee rights, job creation and security with acceptable standards of employee health, welfare and safety in the maritime industry; and

    contributes to the release of the full potential of the maritime industry in South Africa and to the modernisation of shipping administration in South Africa".

    Strategic objectives

    The strategic objectives of maritime transport policy are:

    • To facilitate and enhance the expansion of international trade and tourism in general, and exports in particular
    • To ensure that economic decisions are, as far as possible, left to market forces, subject to general competitive principles applicable to all industries, with the view to maximising consumer choice, need satisfaction and job creation
    • To promote the development of an efficient and productive South African maritime industry capable of competing on international markets
    • To maintain control over maritime services within a well defined regulatory framework that is flexible enough to cater for changing needs and circumstances and to ensure orderly, safe and reliable maritime transport services
    • To promote international relations with other countries and international organisations involved in maritime activities.
    • To ensure cost effective and efficient shipping operation.

    Policy statements

    Economic principles

    Policy

    Maritime transport policy should attempt to foster and maintain a competitive climate wherever appropriate and the Government will avoid protectionist maritime practices and maintain an "open ports" policy.

    Government recognises the South African shipping industry as a fully-fledged exporter of services whose activities considerably strengthen the South African balance of payments.

    Government recognises the strategic importance of the South African shipping industry and the external benefits it bestows on the wider economy.

    Trades and cargoes

    Issue

    Without trade there can be no cargo. Without cargo there cannot be a healthy shipping industry. Shipping is essential for the promotion and preservation of fixed trade links between trading nations.

    Terms of trade exercise considerable influence over the benefit the country receives from the maritime industry. Buying Free on Board (FOB) and selling Cost, Insurance, and Freight (CIF) allows the trader to nominate the carrier. While South African cargo interests are encouraged to nominate South African carriers to carry their cargo, any attempt to statutorily stipulate terms of trade would constitute an unwarranted interference in trade.

    Policy

    Government is committed to the promotion and continued development of regular shipping services (and related infrastructural requirements) between South Africa and its major trading partners within a well-defined regulatory framework.

    Commercial decisions will as far as possible be left to market forces to be resolved and accordingly, subject to general economic principles applicable to all industries, cargo interests should be free from interference in freight negotiations.

    Government will promote an interdepartmental initiative to educate exporters of SA goods on the advantages of shipping their cargoes on SA vessels or on CIF terms. This process should be an on-going and pro-active educational, support and public relations exercise and should apply equally to importers buying FOB.

    Ship financing , registration and the Fiscus

    Issue

    South Africa needs a modern ships register which is efficient, which balances the interests of the nation, shipowners and seafarers in an internationally acceptable manner, and which accords with principles of international law relating to the necessity of a "genuine link" between the state of registry and the shipowner. The register should be attractive to both local and foreign investors, but in no way a "flag of convenience".

    Policy

    Government will promote interdepartmental and private initiatives to ensure that administrative, fiscal and legal inhibitors to the development of the SA register and its ancillary services are removed.

    Fiscal aspects affecting shipping will be reappraised on an interdepartmental basis with a view to initiating change where appropriate. These aspects include income tax paid by seamen, shipowners and operators, exchange controls, and duties, and a review of the ranking of claims under the Admiralty Jurisdiction Regulation Act in line with international practice and conventions..

    The operation of ships

    Issue

    South African shipowners do not enjoy the same competitive advantages as many foreign carriers.

    Both local and foreign owned vessels on the international trades to and from South Africa are free to carry South African coastal cargo, but those on international trades have the advantages of fuel at the international price, of seafarers being exempt from income tax, of no import duties payable on ships spares, and, in the case of many, of operation in low or no income tax regimes.

    The industry has an enforced reliance on monopolistic supply of port services by Portnet. This adversely affects the competitive position of coastal carriage especially.

    Policy

    The disincentives facing coastal shipping in relation to other transport modes and foreign competition will be addressed at an interdepartmental level and removed where appropriate.

    Cabotage options will be monitored in the light of changing international cabotage practices and attitudes. The introduction of cabotage protection legislation on an African continental or Southern African regional basis will be investigated.

    South Africa will strive to increase its share of liner shipping, and will monitor its options in relation to the UNCTAD Code in the future.

    In order to promote the growth of South African shipping interests in the dry bulk sector, research will be undertaken to establish how other nations have successfully increased their market share in the shipment of bulk products and to seek acceptable ways of emulating this.

    The scope for bilateral shipping agreements which will enable South African shipping interests to access markets which are currently inaccessible will be explored.

    Bilateral shipping or taxation agreements will be negotiated with countries which levy freight taxes on non-resident shipowners so as to eliminate or reduce foreign taxes.

    Safety at sea and administration

    Issue

    A cohesive, co-ordinated and effective policy giving due cognisance to internationally accepted principles of safety of life and property at sea as well as to particular requirements of the South African coastline and the trades which ply its waters, is a prerequisite to ensuring safe and orderly maritime transport.

    There exists in international law and practice, a procedure of Port State Control (PSC) by which a state may conduct limited safety inspections of all vessels calling at its ports. PSC has demonstrably reduced the incidence of substandard ships calling at ports where it is rigorously enforced. Further measures such as mandatory ship reporting, are now legally enforceable under international law.

    SAs full membership of the International Maritime Organisation, and the development of international maritime controls such as improved flag state vessel safety requirements and PSC, have however imposed greatly increased obligations and burdens on the Chief Directorate: Shipping. The department is inadequately staffed to cope with this burden.

    There is an unsatisfactory overlap of departmental jurisdictions relating to oil pollution at sea and to the investigation of maritime casualties.

    Many SA maritime regulations are outdated and require updating or repeal. Most require re-examination in the light of the Constitution of the RSA. There are many international conventions which require examination to assess the advisability of SA acceding to them.

    The provision of a satisfactory well-prepared and well-equipped salvage service and marine pollution reaction service for the South African coastline is strategically necessary, and cannot be left to be funded entirely by the private sector.

    Policy

    Government will improve the performance of Port State Control as an effective means of deterring substandard ships and their owners from calling at SA ports.

    The resources of the Chief Directorate: Shipping will be increased to enable it to deal satisfactorily with all maritime matters, including PSC and the revision of legislation, to which end attention will be given to the creation of a Maritime Safety Authority as an option.

    Government will consider the creation of a statutory National Navigation Authority under the auspices of the Department of Transport.

    Although Government participation in salvage, directly or indirectly will be discouraged as being a disincentive to the investment of the private sector in the industry, the State will stimulate investment from the private sector in the tug and salvage industry.

    Port operations and administration

    Issue

    Ports play a crucial and strategic role in the facilitation of seaborne trade. Ports are strategic assets serving the nation as a whole. The real estate of South African ports is currently owned by Transnet Limited. The port authority function is delegated to Portnet, an operating arm of Transnet, and services within the ports are provided either by Portnet or by private enterprise. At present, Portnet provides the majority of services. There is at present no external port regulatory and monitoring authority. Portnet (through Transnet) enjoys a natural and legally structured monopoly and acts also as its own regulator. Within its quasi-government though legal corporate structure, Portnet also operates in direct competition with private operators offering various services within SA ports.

    The vagaries of international shipping, the profound changes flowing from the displacement of breakbulk cargoes by containerisation, and trade sanctions, have left a legacy in SAs ports characterised by a predominance of casual dock labour over an ever dwindling permanent dock labour force. Any re-structuring of ownership or operation of SA ports will need to take the interests of organised and unorganised dock labour into account.

    Policy

    A port authority (or authorities) with specific responsibilities for the maintenance and development of port infrastructure will be established.

    Although the intention is that an independent port authority (or authorities) be established at national level, there is no reason why a port authority should not be devolved to provincial or metropolitan levels.

    The port authority will have the function of administering the port infrastructures, ensuring the long-term development of the ports to meet the needs of the economy, regulating the operations in the ports by controlling tariffs and service standards where this is necessary in a monopolistic situation, and providing, on a cost recovery basis, essential port services not willingly taken on by private enterprise.

    Since it will itself be a monopoly, the port authority will be regulated by an independent regulator.

    The port authority will be independent of any port operating entity (or entities).

    In order to promote low costs, high level of service, and shipper choice in the port operations, a competitive environment will be created by enabling private enterprise to offer port services.

    All stakeholders, including all levels of government, will be consulted in the planning of ports.

    Employment

    Issue

    SA seafarers are currently not given the same protections and rights in labour law as workers employed on land.

    The SA shipping industry is currently experiencing a shortage of skilled and adequately certificated SA seafarers, particularly in the deck and engine room officer ranks. This problem is exacerbated by the presently fragmented approach to training and development, and the declining resources available to institutions.

    Economic liberalisation in the ports, coupled with the vagaries of shipping and cargo movements and consequent sharply variable labour requirements have in the last twenty years led to wage competition particularly in stevedoring and other parts of the cargo handling industry. This has in turn led to the replacement of permanently employed dockers by casual workers.

    The majority of workers in port cargo-handling operations are unskilled with a high level of illiteracy, thereby limiting their ability and the industry to adapt to technological change and improve efficiency and levels of service.

    Policy

    The Department of Transport will liaise with other Departments of Government to promote:

    • The amendment of labour legislation to ensure that seafarers employed by SA owners and operators are afforded the same rights and protections as other workers,
    • Correct management of any restructuring of employment in ports,
    • Involvement of labour in all developments affecting employment, and
    • The re-structuring of employment to ensure that the variable labour requirement of port service providers are sourced from a common pool at equal unit cost in order to reverse the casualisation of port employment and to improve working conditions and efficiency of service.

    The crisis of skills and basic education in the maritime labour market will be urgently addressed through a concerted programme of education and training to meet the growing demand for seafarers, and to improve the skills base of existing employees in the industry.

    Education and training must comply with domestic and international standards as defined and required in the SA Qualifications Authority Act and the STCW convention. Whilst Government, through the DoT will continue to act as the competent authority administering the certification of seafarers in terms of the STCW, Government will also work with and support the Maritime Industry Training Board in its functions:

    • as the competent standard setting and accreditation body for training and education in the maritime industry, other than seafarers, under the SAQA Act;
    • as a facilitator of education and training to ensure that the training and education needs of employees and the industry are met; and
    • as a sponsor of maritime training and education.

    Government will also assist the MITB in its efforts to arrive at appropriate and effective financing mechanisms which require minimum wastage of resources on administration and enforcement.

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    ROAD TRAFFIC AND SAFETY

    Road traffic as a focus area of transport policy is concerned with the quality of road vehicles (including motorised and non-motorised vehicles); drivers of vehicles; operators of vehicles; pedestrians; road traffic operations; the road environment; and interaction in the traffic network (including the mutual interaction between road users and the interaction between road users, the road infrastructure, and the road environment).

    The concept "road traffic quality" encompasses traffic safety; traffic discipline; the protection of the road infrastructure and the environment; administrative order in road traffic; and economic order in road traffic.

    The "functional areas of road traffic management" are: road traffic control (law enforcement); adjudication of traffic offences; enhancement of road user knowledge, skills and attitudes; incident management; road traffic engineering (including transport and traffic engineering, traffic operations management, and road vehicle engineering); and support functions (including traffic legislation, information management, licensing and registration, and road traffic related research and development).

    Mission

    The mission to be fulfilled by institutions and persons involved in road traffic is:

    "To ensure an acceptable level of quality in road traffic, with the emphasis on road safety, on the South African urban and rural road network".

    The acceptable level of quality and road traffic related needs are to be determined by the community. It will be determined and provided for by a transparent, consultative, and accountable process.

    Strategic objectives

    The strategic objective in road traffic is to promote and implement efficient, integrated, and co-ordinated road traffic management systems in the country, involving the role-players in all functional areas of road traffic management. The aim is:

    • To improve road traffic safety
    • To enhance road traffic discipline
    • To protect the expensive capital investment in the road system
    • To enhance administrative and economic order in the field of road traffic and transport

    Specific objectives will be set for each of these aims. Performance indicators will be established, and the achievement of these objectives will be monitored by the relevant co-ordinating bodies.

    Policy statements

    Road traffic safety

    Issue

    The unacceptable traffic conditions on South African roads, and especially the high accident and casualty rates, must not continue.

    Road traffic safety is not a function in itself, but rather the result of the efficient and harmonious operation of road and traffic related management systems, functions, and activities developed and implemented with the purpose of improving quality in road traffic.

    After a critical review of the situation and the manner in which road traffic safety is currently managed, it is evident that a stronger approach will be needed to effect a more drastic improvement in road user discipline and reduce collisions.

    Policy

    The road traffic and safety management systems currently being applied will be replaced with a new approach. In view of the urgency of addressing this problem, support from other countries with records of success in this area will be sought.

    Through a consultative approach between the Department of Transport and the provincial authorities, an integrated road traffic quality management and monitoring approach will be introduced, which will address, inter alia:

    • Road traffic control
    • Legislation and adjudication
    • Training, education, and communication
    • Road traffic administration and information systems
    • Road and traffic engineering.

    Funding of road traffic management

    Issue

    The critical shortage in funds is the most fundamental problem of road traffic management in South Africa. The unavailability of funds is incongruent with the importance and priority that should be attached to traffic management. Historically, the emphasis in road funding was heavily biased towards the provision and maintenance of the road infrastructure. This bias needs to be rectified.

    Policy

    The respective roles and responsibilities of national. Provincial and local governments in financing traffic management should be clearly demarcated.

    A balanced funding policy in road traffic will be introduced. Spending priorities in the road and road traffic environment will continuously be re-evaluated in view of traffic quality related road user needs, the adverse economic impact of inadequate levels of road traffic management, and the expected benefits of increased spending on traffic management.

    Existing funding, budgeting and prioritising procedures will be adapted to ensure an increased availability of funds for traffic management purposes. Reliable procedures for determining the minimum and optimum requirements in respect of road traffic management resources will be developed and applied.

    Additional and innovative funding strategies for traffic management functions will be investigated and introduced. This will include the allocation of a percentage of the roads budget for traffic control purposes. The introduction of a traffic management levy to vehicle licence fees and fuel sales will be investigated. Steps will be taken to strengthen the MMF, including the utilisation of money from the Fund to manage road accident risk. The desirability of apportioning traffic fines and bails to road traffic management funds instead of fines accruing to individual authorities and general state or provincial revenue funds will be explored. For this purpose, dedicated national and provincial road traffic management funds will be considered.

    Road traffic control

    Issue

    Traffic control (law enforcement) is a priority of traffic management, due to a severe breakdown in discipline on the roads, which in turn leads to unsafe conditions, damage to the road infrastructure, etc. The lack of discipline can only be rectified through strong proactive and reactive control actions. The effectiveness of the traffic control function must be improved substantially.

    Some specific problems of traffic control have arisen in the road freight sector since the deregulation of road freight transport and the democratisation of the industry, and there has been a significant growth in traffic related transgressions and disobedience. Of particular concern is the overloading of heavy vehicles.

    Policy

    A simplified Road Transport Quality System (RTQS) will be enunciated and fully implemented as a matter of urgency. The emphasis of RTQS on operator fitness and operator liability is reaffirmed, and operator compliance with the RTQS will be stressed. Programmes to control speed, alcohol and drugs related offences, and the overloading of vehicles will receive special attention.

    The autonomy of the provincial and local governments with regard to traffic control, as well as the need for regional, provincial, national and international co-ordination and harmonisation, and for mutual support between traffic services, are emphasised. On the national level, co-ordination and harmonisation in traffic control will be achieved through the MINCOM/COLTO consultative structure. Provinces should facilitate the establishment of liaison structures between the provincial, metropolitan, regional and local levels of government. On the international level, the co-ordination and harmonisation is the responsibility of the national Department of Transport, and will be achieved through the structures established for this purpose.

    Due to the specialised nature of road traffic control as a transport function, traffic departments should not be merged with the SA Police Service, but should gradually take over the traffic control functions of the SAPS, especially the function of investigating accidents. The principle that traffic control is primarily a transport and traffic function, will not be violated, and the existing emphasis placed by traffic departments on road traffic matters will not be reduced. Traffic control should remain a function managed in terms of transport and traffic legislation and policy. Regarding areas of mutual interest, the legislation and policies controlling the various functions should be harmonised, on the national, provincial and local levels. The necessary negotiations with the SA Police Services and the Ministry of Safety and Security will be conducted by the Department of Transport in conjunction with the provinces.

    The problems resulting from the lack of trained traffic personnel and enforcement equipment will be addressed through support for the introduction of special highly trained enforcement task teams, special programmes to build the capacity of traffic control services in disadvantaged communities, introducing community based traffic control services, improving the level of co-operation between traffic authorities and the public, and engendering a spirit of voluntary compliance with the law among road users.

    The level of professionalism and the image of the traffic control profession will be enhanced. This will be done through the introduction of a traffic academy for advanced training of traffic officers on the tertiary level; the continuous re-evaluation of training standards; the improvement of career development possibilities of traffic officers and their conditions of employment; and the introduction of a professional body responsible for maintaining standards and of a professional code of practice.

    A national performance incentive scheme for traffic authorities, with performance incentive funds linked to the achievement of certain preset standards and the achievement of certain targets, will be introduced under the auspices of the appropriate consultative structure.

    Adjudication of traffic offences

    Issue

    Traffic control is incomplete without the finalisation of prosecutions in courts or through administrative sanction. The effective co-operation between the traffic control and adjudication functions is therefore an essential component of traffic management. In general, there is a positive relationship between traffic departments and the judiciary. However, a number of notable problems are being experienced with regard to the co-operation between traffic control and the adjudication function. These problems are perceived to contribute to a lack of respect for the law, prevailing among a large percentage of South African drivers. Innovative and realistic solutions to these problems, that will honour true legal principles while not compromising the effectiveness of traffic control in achieving its goals, are essential. For example, it has been proposed that criminal offences under the Road Traffic Act be categorised and included in an administrative system of law enforcement which will effectively decriminalise the bulk of road traffic offences. This would allow the authorities concerned to exercise satisfactory control without having to rely primarily on the criminal sanction, which would be reserved for the more serious offences.

    Policy

    The Department of Transport will liaise with the Department of Justice in regard to the following policy proposals:

    • The decriminalisation of certain traffic offences to ensure that the process of adjudicating traffic offences will be brief, strict and decisive. The feasibility of decriminalising all traffic offences except reckless, negligent and inconsiderate driving, will be investigated.
    • Standardisation of the requirements set by Attorneys-General in respect of the utilisation of technological aids in traffic control.

    In respect of non-decriminalised offences, support from the judiciary to overcome problems experienced with the prosecution of operators; the standardisation of fines and other arrangements made by the judiciary; the possible introduction of dedicated special traffic courts as a general procedure; and the introduction of the compulsory attendance of traffic schools as a form of sanction.

    Improvement of road user knowledge, skills and attitudes

    Issue

    A solution of road traffic problems can only be reached if the need to focus on the human aspects of road traffic is fully recognised. The improvement of road user knowledge, skills and attitudes as a road traffic management function is targeted as a priority, due to the inadequate emphasis of this function in the past, and in view of the extreme importance of this function in achieving acceptable levels of road traffic quality.

    Policy

    All categories of road users will continuously be exposed to a purposeful programme targeted at enhancing their knowledge, skills and attitudes, at promoting their voluntary compliance with the law, and at developing community ownership and participation in enhancing road traffic quality.

    Road user knowledge, skills and attitudes will be enhanced by a comprehensive approach, including formal education within a formal educational setting, non-formal education in non-educational organisations, and informal education where media such as radio television, posters, pamphlets, etc are used.

    Traffic control (law enforcement) programmes will be supported by well researched promotional and motivational programmes, so as to create the necessary public understanding of their responsibilities, public understanding of the reasons for the existence of the law, and public acceptance and support for their control activities; to increase public awareness of the control programmes; and to enhance the effectiveness of the programmes.

    Resources will be made available for the enhancement of road user knowledge, skills and attitudes.

    Road traffic administration and information systems

    Issue

    Insufficient road traffic related management information is currently available. In order to manage road traffic matters effectively and efficiently, current and reliable information in respect of vehicles, their owners, operators, drivers, accident, offences, convictions, etc. is required. Information management, and specifically the finalisation of the National Traffic Information System (NaTIS) as well as other supporting systems have been identified as being of critical importance.

    Traffic information required for planning, monitoring and control purposes, should be available to management at all levels (local, provincial and national) according to their functions and needs.

    Policy

    NaTIS will be made fully operational as soon as possible.

    The Department of Transport will continue liaising with the provinces to achieve compatibility of all information systems (including the non-NaTIS systems), and the provinces should attend to this issue in their own areas. Standardised databases for road traffic aspects not covered by NaTIS will be made available to all of the relevant authorities.

    Incident management

    Issue

    Incident management, including the rendering of medical rescue services after accidents occurred, need to be enhanced. The development, implementation and operation of incident management plans, would improve the effectiveness and efficiency of the services rendered, and minimise reaction times. Specific attention requires to be given to the procedures for the management of incidents where hazardous substances are involved, and the necessary emergency systems to deal with the various types of hazardous material, must be developed. The co-ordination and co-operation between the various parties concerned with providing road traffic related emergency services is inadequate.

    Policy

    Existing guidelines on the content of an incident management plan should be used by road traffic authorities.

    Government will implement an incident management system on all national roads.

    The engineering discipline

    Background

    The engineering discipline as a road traffic function involves transport and traffic engineering, operations management, and road vehicle engineering.

    Policy

    Government is cognisant of the need to apply sound engineering in the quest to improve traffic safety, and traffic safety will be addressed in a balanced manner embracing the Engineering, Education, and Enforcement functions.

    In the area of transport and traffic engineering, road traffic quality (with the emphasis on safety) will be made an important theme in all phases of providing the road infrastructure, namely the planning, design, construction, in-service and evaluation phases. National guidelines on these and other relevant aspects not yet adequately addressed in existing standards, will be developed.

    Traffic operations management will ensure road traffic quality and the orderly flow of traffic at acceptable levels of service. Guidelines on the uniform use of traffic engineering control devices will be developed as a joint effort between the three levels of government. Road authorities should annually conduct a traffic quality audit of the road networks under their control, consisting of a systematic evaluation of all traffic quality and service level related aspects of the network.

    Existing vehicle roadworthy standards in the SABS 047 will be enforced. Roadside testing of the compliance of vehicles with critical roadworthy requirements will be increased.

    International harmonisation of road traffic policy

    Issue

    Since the recent normalisation of the relationship between South Africa and the other African countries, the trade and tourism links between South Africa and these countries have been expanded tremendously. The result is a significant growth in road traffic volumes between the relevant countries, and a growing need for harmonisation of policies and legislation.

    Policy

    Government will support the formulation and implementation of the SADC Transport and Communications Protocol. Every opportunity will be taken to base policies and standards on international norms, particularly those of the United Nations.

    Traffic Legislation

    Traffic legislation will be co-ordinated and harmonised under the guidance of the MINCOM/COLTO consultative structure, in accordance with the relevant agreements between the provinces and the national Department of Transport. The Department of Transport will take the necessary steps to ensure the road traffic laws will be harmonised in the Southern African region.

    Traffic laws should be effective in achieving order on the roads, but should at the same time be practical, cost effective, oriented towards real road user needs, and easy to implement. Specific emphasis will be placed on the full implementation and enforcement of the RTQS.

    Road Traffic Research

    Guidance on research needs with regard to road traffic will be sought from the MINCOM/COLTO consultative structure, and the funding process for research will in future not only be focused on the execution of research projects but also on the implementation of the findings and the evaluation of their impact.

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    THE WAY AHEAD

    After approval of this White Paper, the resulting policies will provide a framework for the future actions of the Department of Transport.

    Those elements of the new policy which require only administrative action will be implemented immediately.

    Those elements of the new policy which require major changes from existing practice may not be implementable immediately. In such cases, in discussion with the stakeholders affected, the implementation will be phased over a transitional period in a planned manner, inter alia to give time for the development of a stable institutional capacity to manage the implementation.

    In the case of policy elements requiring new or amended legislation appropriate bills and regulations to implement the policy decisions will be prepared for submission to Parliament in a subsequent session.

    The White Paper also provides a framework within which other transport institutions - government, statutory and private - should tailor their individual policies and strategies.

    In the longer term, specific goals, strategies, and action plans to proactively lead the South African transport system into the desired vision of the future will be developed through the Department of Transport's "Vision 2020" project.

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    LIST OF ABBREVIATIONS

    ACLAirports Company
    AFCACAfrican Civil Aviation Council
    ASLCAir Service Licensing Council
    ATNSAir Traffic and Navigational Services Company
    BOTA build, operate and transfer contract
    CAACivil Aviation Authority
    CIFCost, Insurance, and Freight
    COASACoach Operators Association of South Africa
    COFCertificate of Fitness
    COLTOCommittee of Land Transport Officials
    CNS/ATMCommunications, navigation and surveillance/air traffic management
    CTPConstitutional Transformation Process
    DMEADepartment of Mineral and Energy Affairs
    DoTDepartment of Transport (National)
    DTIDepartment of Trade and Industry
    ECAEconomic Commission for Africa
    EIAEnvironmental Impact Assessment
    FANSFuture Air Navigation Systems
    FOBFree on Board
    FROMA fund, rehabilitate, operate, and maintain contract
    GISGeographic Information System
    GNUGovernment of National Unity
    IASCInternational Air Services Council
    ICAOInternational Civil Aviation Organisation
    LRTBLocal Road Transportation Board
    LTALocal Transport Authority
    LTCCLand Transport Co-ordinating Committee
    MINCOMMinisterial Conference of Ministers of Transport
    MITBMaritime Industry Training Board
    MMFMultilateral Motor Insurance Fund
    MTAMetropolitan Transport Authority
    NaTISNational Traffic Information System
    NQFNational Qualifications Framework
    NTCNational Transport Commission
    NTTTNational Taxi Task Team
    OECDOrganisation for Economic Co-operation and Development
    PrDPProfessional Driver Permit
    PSCPort State Control
    RDPReconstruction and Development Programme
    ROIReturn on Investment
    RTQSRoad Transport Quality System
    SAASouth African Airways
    SABOASouth African Bus Operators Association
    SABSSouth African Bureau of Standards
    SACOSouth African Commuters Organisation
    SADCSouthern African Development Community
    SAPSSouth African Police Service
    SAQASouth African Qualifications Authority
    SARATASouthern African Regional Air Transport Authority
    SARBSouth African Roads Board
    SARCCSouth African Rail Commuter Corporation
    SATCCSouthern African Transport and Communications Commission
    SMMESmall, medium, and micro enterprises
    STCWStandards of Training, Certification & Watchkeeping
    TACTransport Advisory Council
    TransnetTransnet Limited, with operational divisions of Autonet, Petronet, Portnet, SAA, and Spoornet
    UNCTADUnited Nations Conference on Trade and Development

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    EXPLANATIONS OF TERMINOLOGY

    Concession - is the authority and contract to operate a road, rail line, or network at an agreed price. It could be awarded to either the public or private sector.

    Contract - is an agreement between an authority and an operator regarding the delivery of a service at an agreed price.

    Framework - is an outline or skeleton which provides the structure and form around which a plan or policy or strategy is constructed.

    Goal - a goal is an idealised end-state of the system or a desired direction of the evolution of the system.

    Integrated plans - plans which encompass a system which includes land use, spatial development, infrastructure, services and the finance thereof.

    Intermodal transportation - is the concept of transporting freight in such a way that all the parts and facets of the transportation process, including information exchange, are efficiently linked and coordinated, offering flexibility, irrespective of the particular transport mode or modes used. It is not just the infrastructure, vehicles, rolling stock or equipment involved, but the management and operation processes. The true advantage of intermodalism is the ability to logistically and effectively link two or more modes of transportation for the benefit of customers and users.

    Issue - an issue arises in a national, district or local community when there are conflicting goals and objectives (desires or perceptions) within the community.

    Land passenger transport - is a generic term which describes the movement of people by land-based travel modes, including movement by motorised and non-motorised modes, and on foot. It encompasses both urban and rural passenger travel, for any purpose, by both private and public travel modes.

    Land passenger transport planning - is a comprehensive and integrated process for generating a plan relating to the regulation and management of transport infrastructure (roads, rail, stations, terminals and public transport facilities) and for regulating public transport operations/services and the use of infrastructure by both operators of public transport and private travellers. Because of the spatial relationship between human and economic activities, resulting in the demand for travel, it is essential that an integrated passenger transport plan should be developed in the context of a land use plan which is supportive of efficient land passenger transport.

    Logistics - is the process of planning, implementing, and controlling the efficient, cost-effective flow and storage of raw materials, in-process inventory, finished goods, and related information from point of origin to point of consumption for the purpose of conforming to customer requirements

    Objective - an objective is a target, the attainment of which will help towards reaching a stated goal.

    Passenger transport - is a generic term which describes the movement of people by any travel mode, including movement by motorised and non-motorised modes, and on foot. It encompasses inter-city, urban and rural passenger travel, for any purpose, by air, sea and over land and by both private and public travel modes.

    Permission - the authority to operate a public transport route or network without subsidy.

    Permit - the current authority or licence to operate a public transport service in terms of the Road Transportation Act (1976).

    Plans and planning- a plan is a product of the process of planning which is an organised method by which things are to be done. In the transport context, a plan is a vision of the desired future condition, a set of objectives to achieve the vision, policies to regulate the transport system, strategies, actions and projects to implement the plan and a financial statement and budget.

    Policy - a policy is an adopted framework or basis for the action needed to overcome identified problems and achieve stated goals and objectives.

    Problem - a problem is an unfulfilled or unattained goal or objective.

    Public transport - is the conveyance of people or freight for reward by any travel mode whether car, metered taxi, minibus-taxi, bus, tram and light and heavy rail.

    Seamless transport services - a user-friendly service from origin to destination which is not disrupted by time-consuming or costly transfers between unco-ordinated modes or carriers, or by compliance with non-integrated formalities at border crossings

    Strategy- a strategy is a plan or programme of action to be taken in terms of a policy. Such action may often take the form of a series of projects.

    Subsidiarity - is the exercising of devolved power at the lowest competent level of government.

    Tendered contract - the authority to operate a public transport route or network at tendered contract rates.

    Vision- a vision is a commonly-shared foresight of future conditions.

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    PARTICIPANTS IN THE REVIEW PROCESS

    The policy review process has been as inclusive as possible. Individuals and representatives of the following organisations have participated in meetings of the Steering Committee, Working Groups, Plenaries, and Workshops:

    • Aero Club of South Africa
    • Aerospace Industry Training Board
    • African Consulting Engineers Inc
    • Africon Engineering International (Pty) Ltd
    • Air Traffic and Navigation Systems Company (ATNS)
    • Air Service Licensing Council (ASLC)
    • Aircraft Owners and Pilots Association
    • Airline Pilots Association of South Africa
    • Airlines Association of Southern Africa (AASA)
    • Airports Company Limited (ACL)
    • Amalgamated National Commuters Organisation
    • Association of Motorcycle Importers and Distributors
    • Association of Marine Underwriters in SA
    • Automobile Association of SA (AA)
    • BKS Incorporated
    • Board of Airline Representatives
    • Chartered Institute of Transport in Southern Africa (CITSA)
    • City of Cape Town City Planner's Department
    • City Engineer, Bloemfontein
    • City Engineer's Department, Pretoria
    • City of Durban Traffic and Transportation Department
    • Coach Operators Association of Southern Africa (COASA)
    • Colas
    • Commercial Airways (Pty) Ltd (COMAIR)
    • Commercial Aviation Association of Southern Africa (CAASA)
    • Consilium Legis CC
    • Consumer Council
    • CSIR Division of Roads and Transport Technology
    • Deloitte and Touche
    • Department of Environmental Affairs & Tourism
    • Department of Public Transport and Roads, Gauteng
    • Department of Public Transport, Free State
    • Department of Public Transport, Northern Province
    • Department of Public Works and Roads, Free State
    • Department of Public Works, Roads, and Transport, Mpumalanga
    • Department of Transport and Public Works, Western Cape
    • Department of Transport, Eastern Cape
    • Department of Transport, KwaZulu-Natal
    • Department of Transport, National
    • Department of Transport, Northern Cape
    • Department of Transport and Aviation, Northwest Province
    • Development Bank of Southern Africa
    • Drive Alive
    • Durban Physical Environment Service Unit
    • Durban Transport
    • Fischer and Associates
    • Freight Forwarders Association
    • Golden Arrow Bus Services (Pty) Ltd
    • Greater Johannesburg Transitional Metropolitan Council, Metropolitan Planning
    • Institute of Traffic Officers of Southern Africa
    • Johannesburg Metropolitan Action Group
    • Maritime Industry Training Board
    • Maritime Law Association
    • Max Braun and Associates
    • MECs for Roads, Transport, Public Transport, and/or Public Works of the Provinces
    • Metrorail
    • Monitor Company Africa
    • Motor Transport Workers Union (SA)
    • Municipal Health & Allied Workers Union
    • National Association of Automobile Manufacturers of South Africa
    • National Association of Automotive Component and Allied Manufacturers
    • National Environmental Accessibility Programme
    • National Association of Bus Operators
    • National Black Consumers Union
    • National Federated Chambers of Commerce (NAFCOC)
    • National Federated Transport Organizations
    • National Taxi Task Team (NTTT)
    • National Transport Forum (NTF)
    • Ninham Shand Incorporated
    • Office of the Attorney General
    • Office for Public Enterprises
    • Organised Taxi Industry
    • Parliamentary Portfolio Committee on Transport
    • Peninsula Technikon, Department of Civil Engineering
    • Randse Afrikaanse Universiteit, Department of Transport Economics
    • Road Freight Association (RFA)
    • Robertson and Hitchins
    • Safmarine
    • Senate Select Committee on Transport
    • South African Airways (SAA)
    • South African Association of Consulting Engineers (SAACE)
    • South African Bitumen and Tar Association (SABITA)
    • South African Black Taxi Association (SABTA)
    • South African Bureau of Standards (SABS)
    • South African Chamber of Business (SACOB)
    • South African Commuters Organisation (SACO)
    • South African Deep-Sea Trawling Industry Association
    • South African Federation of Civil Engineering Contractors (SAFCEC)
    • South African Inshore Fishing Industry Association (Pty) Ltd
    • South African Institute of Driving Instructors
    • South African Institution of Civil Engineers (SAICE)
    • South African Long Distance Taxi Association (SALDTA)
    • South African Metered Taxi Association
    • South African National Civic Organisations (SANCO)
    • South African Navy, Chief of Naval Staff Operations
    • South African Rail Commuter Corporation Ltd (SARCC)
    • South African Railway and Harbours Workers Union (SARHWU)
    • South African Road Federation (SARF)
    • South African Roads Board (SARB)
    • South African Taxi Drivers' Union
    • Southern African Aviation Safety Council (SAASCo)
    • Southern African Bus Operators Association (SABOA)
    • Southern African Transport and Telecommunications Commission (SATCC)
    • Stewart Scott Incorporated
    • Technikon Pretoria, Faculty of Engineering
    • Technikon M L Sultan
    • Thebe Investments/SA Express
    • Tolcon
    • Toll Highway Development Company (Pty) Ltd
    • Transnet (Petronet, Portnet, Spoornet)
    • Transport and General Workers Union (T&GWU)
    • Transport Consultative Committee (TCC)
    • Trencor
    • Trawler and Line Fisherman's Union
    • TRC Africa (Pty) Ltd
    • Unicorn Lines (Pty) Ltd
    • Unitrans
    • University of Cape Town, Institute of Marine Law
    • University of Durban-Westville, Department of Civil Engineering
    • University of Natal, Economic Research Unit
    • University of Natal, Geography Department
    • University of Pretoria, Department of Civil Engineering
    • University of South Africa, Department of Transport Economics
    • University of Stellenbosch, Department of Civil Engineering
    • University of Stellenbosch, Institute for Futures Research

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    COMMENTS ON THE GREEN PAPER

    The Green Paper on National Transport Policy was released to the public on 7th March 1996, and comments invited by 30th April. Comments were received from:

    • Afrikaanse Handelsinstituut (AHI)
    • Air Traffic and Navigation Services Company Limited (ATNS)
    • Alfred County Railway
    • Association of Shipping Lines; Association of Ships Agents and Brokers of Southern Africa
    • Automobile Association of South Africa (AA)
    • Beek, C Z A
    • Bus Division of Dorbyl Limited (BUSAF)
    • Cape Metropolitan Council
    • Chamber of Mines of South Africa
    • City of Cape Town City Planner's Department
    • City of Durban Traffic and Transportation Department
    • Clark, Peter
    • Coach Operators Association of Southern Africa (COASA)
    • Department of Constitutional Development
    • Department of Environmental Affairs and Tourism
    • Department of Foreign Affairs
    • Department of Health
    • Department of Home Affairs
    • Department of Mineral and Energy Affairs
    • Department of Public Transport and Roads, Gauteng
    • Department of Transport and Public Works, Western Cape
    • Department of Welfare
    • Development Bank of Southern Africa (DBSA)
    • Durban Transport
    • East London Metropolitan Transport Advisory Board
    • Floor, B C
    • Golden Arrow Bus Services (Pty) Ltd
    • Greater Johannesburg Transitional Metropolitan Council
    • Ian Morton and Associates
    • KwaZulu-Natal Taxi Task Team
    • Midrand Transport Association
    • Ministry of Agriculture
    • Morris, Pauline
    • Motor Transport Workers Union (SA)
    • National Association of Automobile Manufacturers of South Africa (NAAMSA)
    • National Taxi Task Team (NTTT)
    • Nimmo, John
    • Pedal Power Foundation of Southern Africa
    • Policy Research Corporation NV, Antwerpen
    • Port Elizabeth City Engineer's Department
    • Potchefstroom Transport Forum
    • Road Freight Association (RFA)
    • Road Transport Industry Education and Training Board (RTIETB)
    • Royal Holloway University of London
    • SAFSHIP
    • SAFTAINER
    • Selepe, Godfrey, ANC Policy Department
    • Shell and BP South African Petroleum Refineries (Pty) Ltd
    • Society of Master Mariners of South Africa
    • South African Agricultural Union
    • South African Bureau of Standards
    • South African Chamber of Business (SACOB)
    • South African Commuters Organisation (SACO)
    • South African Federal Council on Disability
    • South African Institution of Civil Engineers
    • South African Insurance Association
    • South African Rail Commuter Corporation Ltd (SARCC)
    • South African Railway and Harbours Workers Union (SARHWU)
    • South African Road Federation (SARF)
    • South African Shipowners Association
    • South African Shippers Council
    • Southern African Bus Operators Association (SABOA)
    • Sowman, R
    • Transnet (Petronet, Portnet, Spoornet)
    • Transport and General Workers Union (T&GWU)
    • Transport Consultative Committee (TCC)
    • Transport 2000 SA
    • Transportation Technology Development Task Group
    • University of Natal Department of Civil Engineering
    • University of Pretoria Department of Civil Engineering
    • Western Services Council (Gauteng)

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