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National Learner Transport Policy Presentation 08 September 2015. Contents. Purpose Background Policy drafting process Legislative and Policy Framework Current state of learner transport (status quo) Future state of learner transport (desired outcomes) Policy focus
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National Learner Transport Policy Presentation 08 September 2015
Contents • Purpose • Background • Policy drafting process • Legislative and Policy Framework • Current state of learner transport (status quo) • Future state of learner transport (desired outcomes) • Policy focus • Scope of application • Vision and Mission • Policy objectives and principles • Key elements of the policy • Policy Implementation Plan
Purpose • The purpose of the presentation is to present approved National Learner Transport Policy and Implementation Plan.
Background Information • The learner transport policy development started a few years ago after the realisation of a policy gap. • As such the environment within and the manner in which learners accessed centres of learning experienced serious challenges, among others, no services at all, unsafe and unsecure methods that were used, uncoordinated services, unscrupulous operations, non-standardised methods, to mention but a few. • The following process ( with Department of Basic Education as a key partner-approved by both Minmecs) was adopted: Needs analysis Stakeholder engagement Final Policy Draft Policy Gazette for final comments Cabinet Cabinet FOSAD Implementation, M& E We are here
Policy drafting process 2012 National Consultation Workshop held with relevant stakeholders 2012 The Director-General approves the policy for further consultation 2013 MINMEC approval of the policy for public comments 2013 Approval of the draft policy by FOSAD for public comments 2014 Approval of the draft policy by Cabinet for public comments 2014 The publication of the policy for public comments and consultations • Finalization of draft National Learner Transport Policy 2015 Submission to and Approval of the National Learner Transport Policy by Cabinet Committee and Cabinet
Legislative and Policy framework • Constitution Constitution of the Republic of South Africa, 1996 • White Paper on National Transport Policy, 1996 • National Land Transport Act of 2009 • National Road Traffic of 1996 • National Public Transport Strategy and Action Plan, 2009 • South African Schools Act, 1996 • National Education Policy Act, 1996 • Intergovernmental Relations Framework Act, 2005 • Children’s Act, 2005
Regulation of Learner Transport Learner Transport is regulated by: • National Land Transport Act No 05 of 2009 and its supporting regulations • National Road Traffic Act of 1996 and supporting regulations
Regulation of Learner Transport cont… • National Land Transport Act No 05 of 2009 • Section 50 provides that no person may operate a road-based public transport service without a valid operating licence. • Section 72 provides for the transportation of scholars where a public transport service is dedicated to transporting scholars and the Minister may prescribe regulations on special requirements for those services. • Section 71 provides for adapted light delivery vehicles which may be used for public transport services in a particular area (i.e. rural areas) in prescribed circumstances where there is no other appropriate or acceptable public transport, and subject to prescribed conditions. • Section 42 of the NLTA Regulations of 2009 provides that an application of Operating License for scholar transport must be accompanied by Contract where applicable a contract between the operator and school, educational institution or department and copies of the Professional Drivers Permits
Regulation of Learner Transport cont… • National Road Traffic Act, No 93 of 1996 • Regulation 216 of the National Road Traffic Act provides that only motor vehicles that comply with the National Road Traffic Act and compulsory specifications should be used to convey persons for reward. • The transportation of persons for reward in the goods compartment of a motor vehicle is illegal. Regulation 250 provides that no person shall on a public road carry any person for reward in the goods compartment of a motor vehicle. • The practice of overloading vehicles with passengers is also a contravention of the National Road Traffic Regulations, 2000.
Current state of learner transport Status quo • Operational issues: • Un-authorized • Un-roadworthy vehicles • Learners walking long distances • Planning issues: • Un-coordinated transport planning • Travel plans not linked transport needs
Current state of learner transport… Status quo • Organisational, coordination and funding • Insufficient services • Non standardised tariff formula • Institutional capacity and support • Insufficient management capacity, e.g. law enforcement • Insufficient monitoring
Future state of learner transport Desired outcomes • Timeous delivery of service • Regulated operations and reducedaccidents • Coordinated approach in relation to planning and implementation • Well maintained vehicles • Viable and sustainable operations • Uniformity of services and tariff structure • An effective performance monitoring
Policy Focus • Central to the transport policy is how effectively and efficiently manage learner transport operations, in a manner that support the education of learners by focusing on: • the quality of vehicles; • performance and conduct of learner transport operators; and • enhance road traffic discipline - thus how best to contribute to an efficient and harmonious operations of Road traffic and safety management system. • Ensuring effective Learner Transport Planning • Ensuring alignment and integration of transport operations and educational needs
Scope of application • The policy applies for the transportation of learners from grade R to 12 including learners with disabilities as defined by the SASA of 1996. • It should be understood within the context of inter-governmental relation. • Salient features include but not limited to: • Service standards and procedures • Route accessibility and design • Safety specifications and vehicle design • Capacity building and skills development, etc. • Close collaboration and monitoring of the implementing agencies
Policy objectives and principles Policy principles • Equity and redress • Quality and Effectiveness • Operational safety and efficiency • Operational sustainability • Multi-modal integration Policy objectives • To guide the implementation of a shared vision to improve access to quality education through a coordinated and aligned learner transport system. • To improve the planning and implementation of an integrated learner transport service. • To ensure an effective management of learner transport system. • To provide reliable, safe and secure transport for learners through co-operation and collaboration with law enforcement authorities.
Key elements of the policy • Institutional Framework for the implementation of learner transport • Learner transport planning, • Learner transport safety and security • Criteria for learner Transport Beneficiaries • Service Design for learner transport • Procurement of learner transport services • Remuneration of learner transport operators • Funding • Modal Integration • Universal Design • Law Enforcement • Monitoring and evaluation.
Key elements of the policy… • Institutional Framework for the implementation of learner transport: • National government will oversee the implementation of the policy in consultation of relevant stakeholders including provinces, municipalities and School Governing Bodies (SGBs). In this regard a national Inter-Departmental institutional mechanism will be established to oversee and monitor the implementation of the policy in line with the key performance indicators developed • At the provincial and local level, institutional mechanism will be established to foster integrated planning, effective monitoring and delivery of learner transport services.
Key elements of the policy…. • Learner transport planning: • A joint planning committee on learner transport with representatives of the Provincial Department of Transport (PDOT) Provincial Department of Education (PDE), Municipalities must be established • Learner transport safety and security: • Learner transport vehicles used to transport learners have to meet the safety requirements of the National Road Traffic Act (Act No. 93 of 1996) applicable to the transportation of passengers • Criteria for learner Transport Beneficiaries: • Beneficiaries for subsidised learner transport must be for a needy learner from Grade R to Grade 12. • Subsidized learner transport must take into account existing public transport services
Key elements of the policy… • Service Design for learner transport: • The implementing departments in consultation with other relevant stakeholders must design a well-defined learner transport service which includes roads infrastructure, pick-up/drop off points/stops and signage for the safe transportation of learner • Procurement of learner transport services: • Only authorised operators with approved modes of transport shall be contracted for the learner transport provision • Remuneration of learner transport operators: • A standardised measure of remuneration for subsidised learner transport shall be based on total kilometres travelled • Factors such as road condition shall be considered
Key elements of the policy.. • Funding: • Learner Transport shall be funded through provincial treasuries budget allocations • Modal Integration: • Implementing department must promote the use of all modes in the transportation of learners, including cycling, walking. Measures must be taken to ensure that the all modes are integrated and complement one another. • Universal Design: • Vehicles transporting learners must adhere to the requirements and principle of universal design, especially those that are transporting learners with disabilities
Key elements of the policy.. • Law Enforcement: • Provincial Departments of Transport and municipalities shall ensure that there is sufficient and efficient law enforcement to monitor these operators. Punitive measures should be taken against operators that transport learners without regard to the national road traffic regulation in unroadworthy vehicles and overloading. • Monitoring and Evaluation: • An independent assessment shall be undertaken every three years on the impact of programme implementation