National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 1 : General Provisions8. Regulations by Minister |
| (1) | The Minister may, after consultation with the MECs, make regulations relating to— |
| (a) | any matter which may or must be prescribed by way of a regulation under this Act; |
| (b) | requirements for integrated fare systems, comprising fare structures, levels and technology, to ensure compatibility between such systems; |
| (c) | national norms and standards relating to the qualifications and conduct of inspectors; |
| (d) | a process to be followed for offering alternative services in the place of existing services to holders of operating licences or permits under section 39; |
| (e) | the types of vehicles that may or may not be used for public transport services and standards or specifications for vehicles, subject to the National Road Traffic Act; |
| (f) | procedures for the regulation of interprovincial transport; |
| (g) | standard forms for responses of planning authorities under section 55; |
| (h) | colour coding and branding of vehicles used for public transport; |
| (i) | special requirements for drivers of vehicles used for public transport including, but not limited to, testing for knowledge of the area in question; |
| (j) | policy and principles to be applied in paying subsidies; |
| (k) | electronic fare collection and ticketing systems and the control of such systems by the provinces or municipalities either alone or in partnership with operators; |
| (l) | information systems to be kept by the National Public Transport Regulator, each Provincial Regulatory Entity and planning authorities relating to this Act and information to be supplied to the national information system contemplated in section 6 from these systems, including the time within which it must be submitted; |
| (m) | information to be kept by operators and supplied to authorities contemplated in this Act, including the time within which it must be submitted; |
| (n) | meetings of the National Provincial Transport Regulator, Public Regulatory Entities and municipalities to which the operating licensing function contemplated in section 11 (1)(a)(viii) has been assigned; |
| (o) | procedures at those meetings, quorums and the keeping of records; |
| (p) | functions and duties of the National Public Transport Regulator and municipalities in addition to those specified in this Act; |
| (q) | principles for transport planning; |
| (r) | the content of transport plans; |
| (s) | procedures for the preparation, updating and approval of transport plans; |
| (t) | procedures to be followed in promoting public participation in the transport planning process; |
| (u) | requirements and procedures for negotiated contracts and their conversion to tendered contracts; |
| (v) | amounts to be paid as a deposit to the Department or other entity to cover possible fines or penalties should the operator fail to comply with this Act or other prescribed requirements; |
| (w) | information that must be supplied to the National Public Transport Regulator by tourist transport operators applying for accreditation under section 82; |
| (x) | required signage, vehicle identification or livery for vehicles used for tourist transport services; |
| (y) | requirements and time-frames for vehicles and facilities to be made accessible to persons with disabilities, including principles for accommodating such persons in the public transport system; |
| (z) | the time within which an offer made under section 46 must be made or accepted, and the manner in which the procedures and negotiations contemplated in that section must be conducted; |
| (aa) | the period within which application for renewal of existing operating licences must be submitted, and such regulations may provide that such operating licences will remain valid when the application for renewal is being processed; |
| (bb) | requirements regarding liability insurance cover to be taken out by operators to supplement the cover provided in terms of the Road Accident Fund Act, 1996 (Act No. 56 of 1996); and |
| (cc) | generally any other ancillary or incidental administrative or procedural matters that are necessary to prescribe for the proper implementation or administration of this Act. |
| (2) | Before making any regulations contemplated in subsection (1), the Minister must publish a draft of such regulations for public comment in the Gazette, and must consider any comments received in response to such publication. |
| (3) | The regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence, and liable on conviction to a fine or to imprisonment not exceeding three months. |
| (4) | A regulation made in terms of the Transition Act and in force immediately before the commencement of this Act with regard to matters in relation to which the Minister, in terms of subsection (1), is competent to make regulations, is regarded for the purposes of this Act as a regulation made under that subsection until superseded by a new regulation under this section. |