National Road Traffic Bill on track

road
07 Oct 2022

The National Road Traffic Amendment Bill is designed to strengthen the regulatory framework and provide more instruments to hold motorists accountable on the road.

The transport minister, Fikile Mbalula, pointed this out during the launch of the October Transport Month.

The bill was tabled in parliament at the end of May 2020.

The national assembly (NA) recently gave the green light to the bill and sent it to the national council of provinces (NCOP) for concurrence.

The bill aims to achieve proper implementation of the strategic interventions highlighted in the Road Safety Strategy and address practical challenges.

Cabinet approved the bill for tabling in March 2020.

According to the cabinet statement, the proposed legislation proposes, amongst others, regulations for the driving-school industry and proposes appropriate standards under which learner drivers must be taught.

It also deals with fraud and corruption within the road traffic environment, increases penalties for those who fail to comply with traffic rules, prohibits alcohol consumption by drivers and proposes the national number plate legislation.

The bill also proposes the streamlining of the powers of the transport minister and those of the provincial members of the executive committee responsible for transport.

The portfolio committee on transport adopted the bill with amendments.

Amendments include the rejection of the proposal to introduce a provisional driving licence; strengthening of provisions to address prevalent concerns regarding the recognition of foreign driving licences or permits as well as addressing concerns linked to the employment of drivers who do not hold valid and recognised driving licences or permits; and the rejection of proposed amendments to the levels of concentration of alcohol in blood or breath specimens taken.

At the launch, the minister highlighted that the transport department is strengthening measures to root out corruption and impose heavy penalties on those who continue to flout the rules of the road.

The minister indicated that the Economic Regulation of Transport Bill was also recently passed by the NA and sent to the NCOP for concurrence.

The bill was tabled in parliament in January 2020.

The transport department published the bill’s explanatory summary in Government Gazette 42887 in December 2019.

The bill, designed to promote economic growth in South Africa by promoting an effective, efficient and productive transport sector, was published for comment in October 2018.

The bill aims to:

  • consolidate the economic regulation of transport within a single framework and policy;
  • establish the Transport Economic Regulator;
  • establish the Transport Economic Council;
  • make consequential amendments to various other Acts; and
  • provide for related incidental matters.

Speaking during the department’s 2019 Budget Vote Speech in parliament in July 2019, the minister described economic regulation as an important lever in “delivering a transport system that enables economic activity and stimulate growth, by giving practical effect to our commitment to lowering the cost of doing business”.

“This starts with eliminating delays and cancellations in our commuter rail network so that those who rely on this mode to get to places of economic activity are able to maximise their productivity by being at work on time,” he said.

According to the minister, the envisaged regulator will level the playing fields in the rail, maritime and roads sectors.

The bill’s memorandum declares that the department aims to achieve a “technically competent, independent and adequately resourced regulator which is well placed to improve economic outcomes in the transport sector”.

The committee adopted the bill with amendments.

The minister pointed out that the bill aims to “consolidate, rationalise and where necessary redesign economic regulation in the transport sector into a single multi-modal regulator”.

He added that implementation of the economic regulatory model will enable the department to achieve competitiveness of the sector across modes.

“It is equally an important enabler of private sector participation and third-party access in our rail and maritime sectors”, he said.

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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
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