Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)

Chapter 1 : Definitions and Objectives

1. Definitions

Purchase

In this Act, unless the context otherwise indicates—

"board"

means the board established in terms of section 8(1);

"business group"

means a service provider, including, but not limited to—

(a)	a provincial authority;

(b)	a local government body;

(c)	a private sector entity;

(d)	any entity established through a public and private sector partnership;

(e)	the SAPS; and

(f)	any statutory transport institution established in terms of national or provincial legislation and vested with road traffic powers;

"business and financial plan"

means the business and financial plan of the Corporation approved in terms of section 14(5);

"financial year"

in relation to the Corporation, means the period determined in terms of section 14(1);

"Corporation"

means the Road Traffic Management Corporation established in terms of section 3;

"functional unit"

means a functional unit of the Corporation established in terms of section 18(1);

"governance agreement"

means the agreement concluded by the Shareholders Committee with the board in terms of section 9(1);

"innovative project"

means a project which possesses at least one of the following attributes:

(a)

a recognised process, design, methodology or engineering concept which has demonstrated its ability to significantly reduce construction costs; accelerate project execution, improve safety, enhance project performance, extend economic life, reduce costs of facility maintenance and operations or reduce negative environmental impacts or social or economic disturbances or disruptions during either the project implementation or construction phase or the operation phase;

(b)	a process for which the project proponent or a member of the proponent joint equity venture or consortium possesses exclusive rights, either worldwide or regionally:

(c)	a design, methodology or engineering concept for which the proponent or a member of the proponent joint equity venture or consortium possesses intellectual property rights; or

(d)	clustering services in the transport and other sectors with the potential to enhance the efficiency and affordability of transportation;

"joint equity venture contract"

means a contractual arrangement between the Corporation and a private person or entity for the purpose of undertaking a new commercial activity in respect of which the Corporation is a shareholder or provides a portion of the equity or investment capital;

"local government body"

means a metropolitan, district or local municipality as contemplated in the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

"MEC"

means the Member or Members of the Executive Committee of a province who is responsible for matters connected with road traffic in that province;

"Minister"

means the Minister of Transport;

"National Commissioner"

means the National Commissioner referred to in section 6(1) of the South African Police Service Act, 1995 (Act No. 68 of 1995);

"negative concession"

means a contract to provide a road traffic service which is essential to the public but cannot be provided at a profit and requires public financing;

"prescribed"

means prescribed by regulation in terms of section 48(1);

"public service obligation"

means a social obligation of the State to provide a non-profitable road traffic service;

"ring-fencing"

in relation to functional units, means containing each functional unit and keeping separate accounting records for each one in order to ascertain each functional unit’s profitability and discourage cross subsidisation;

"road traffic law enforcement officer"

is an authorised officer appointed in terms of section 3A of the National Road Traffic Act, 1996 (Act No. 93 of 1996), who meets the standards set in the national road traffic law enforcement code referred to in section 32(1) of this Act, and includes a member of a municipal police service which may be established in terms of section 64A of the South African Police Service Act, 1995 (Act No. 68 of 1995);

"road traffic service"

means a service that must be provided in terms of any law for the purpose of road traffic regulation;

"SAPS"

means the South African Police Service established by section 5 of the South African Police Service Act, 1995 (Act No. 68 of 1995);

"Shareholders Committee"

means the Shareholders Committee established in terms of section 6(1).