Advanced Diploma in Transportation Management

Module: Transport Policy and Legislation

Unit 1: Contextualising transport policy and legislation
“The food people eat, the water they drink, and the air they breathe are all
affected — for good or ill — by the quality of government regulation. Similarly, the
prices consumers pay for many goods and services are influenced by government
regulation. Whatever degree to which people enjoy important social and economic
rights and experience equality of opportunity also depends in large part on
regulation.  Everywhere people go, especially when they travel by rail, plane, or
automobile, they encounter the behaviour of others who are governed by
regulation.  Health care and prescription drugs, international trade and corporate
finance — the list of areas of social and economic activity affected by regulation is
truly a long one.   Given the importance of regulation, the process by which rules
are made raises important implications for democratic values and the
advancement of overall social welfare”.  
 
Source: Coglianese, C., Kilmartin, H. & Mendelson, E. (2008). Transparency and public participation in the
Rulemaking process: a Nonpartisan Presidential Transition Taskforce Report, University of Pennsylvania Law
School, (Online), Available from https://www.hks.harvard.edu/hepg/Papers/transparencyReport.pdf
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What is meant by policy?

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INTRODUCTION TO TRANSPORTATION POLICY AND
LEGISLATION
What is meant by Policy?

• A statement by government of what it intends to do (a declaration of

intent) or not do

• A statement that outlines what a government is going to do and what it

can achieve for the society as a whole

• A statement that provides guidelines and directions for carrying out

activities intended to accomplish an overall objective

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INTRODUCTION TO TRANSPORTATION POLICY AND
LEGISLATION

What is meant by Policy?

• It provides guidelines by which daily decisions are made

• It should be expressed or stated to give it official status (i.e. policy is not
implied)
• Policy can emanate from Government or a Government Department
• Policy can also emanate from an interested group/pressure group when it makes
demands on political office bearers for action on some perceived problem
• Policies are long-term but there is no guarantee that they will be
successfully followed

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What is meant by Legislation?

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 INTRODUCTION TO TRANSPORTATION POLICY AND LEGISLATION

What is meant by Legislation?

• Legislation culminates from policy (i.e. an outflow of policy) e.g. A policy
document may identify laws needed to achieve its goals

• Legislation equates to statutory law

• Legislation is put in place to bring justice to society

• Legislation comprises of standards, principles and procedures that must

be followed

• Legislation is more formal as it deals with rules and guidelines 7

INTRODUCTION TO TRANSPORTATION POLICY AND
LEGISLATION
What is meant by Legislation?

• Legislation is enforceable e.g. 120 kilometers speed limit on a free way

• Laws are passed by Parliament through a vote

• Laws are administered through courts

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Why Transport Policy and Legislation are Necessary?

• Transport is central to development

• Transport policy and legislation are needed to avoid chaos

• Modern economy and enjoyment of a modern lifestyle is dependent on

the smooth running of efficient transport systems

• Transport touches all segments of society and industry

• A strong national policy is necessary for the transportation network to

be efficient and to provide essential services to the economy

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 Why Transport Policy and Legislation are necessary?

• Without access to jobs, health, education and other amenities, the quality
of life will be adversely affected

• Without access to resources and markets there will be no economic

growth

• Improvements in urban transport increases labour market efficiency and

access to amenities

• Improvements in inter-urban transport facilitates domestic and

international trade

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Policy making and public participation
• Policy and legislation cannot be formulated in a vacuum. Public involvement is imperative

• Public participation is about giving the public an opportunity to influence decision-making

• In the field of transport, there are many role players which include users of the transport system, suppliers,
private sector, local communities, agents interested in groups and many others; and it is essential that the
viewpoints of these role players are considered

• Participation in decision-making processes enables stakeholders to influence the development of policies and
laws which affect them and failure to involve the public in the process can result in failure to own the decisions
that are taken

• Although policies and legislation affects both public and private sectors, participation generally occurs in
institutions defined as public

• Normally, the public is not invited to participate in the private sector decision-making process albeit the public
sector also being affected by policies and legislation

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What is meant by public participation?
• It is the formal or informal involvement of various stakeholders, either directly or indirectly affected, in issues
that are normally the responsibility of a public authority

• This involves the stimulation, expression and collection of public opinion in an attempt to identify real needs
and problems

• Channels for transfer of opinion from the general public to authorities – media, direct correspondences,
workshops, meetings, gatherings etc.

• The success of the public involvement programme will depend on the extent of the active involvement of the
public and trust established between participants and authorities

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How participation takes place

Many forms and avenues of public participation in transport exist through:

• Policy mandates to political representatives

• Involvement of leaders of organisations of the community who represent different interest groups
• Individual leaders in the community who in most cases are vocal
• Ordinary members of the public in mass activities – for example, public meetings, consumer boycotts, protest
marches, etc.

Source: Cloete and dee Coning, C., 2011. Improving Public Policy: Theory, practice and results, Third Edition

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Channels of Participation
• Media communications – responses such as letters to editors, petitions, televising of public meetings, etc.

• Council meetings – public forums which are open to all citizens

• Public consultations and public meetings – e.g. informational conveyances organised by either central or local
government

• Commissions – e.g. commissions of inquiry for advice

• Working groups and Steering Committees – Specifically put in place for advice or assistance in developing
policies

• Study circles – formed by people with an interest in an issue that they intend to influence (bottom-up
approach)

• Politically oriented participation – includes coalitions, lobbying and political contest

Source: Adapted from Schiller, P. L., Bruun, E. C and Kenworthy, J. R. 2010. An Introduction to Sustainable
Transportation: Policy, Planning and Implementation, Earthscan

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Levels of public involvement

• Ratification – request to legitimise decisions that have already been taken

• Consultation – using an audience as a sounding board and soliciting opinions, suggestions, advice and
recommendations

• Negotiation – Direct involvement by all parties in discussions leading to the joint decision-making through
agreement on policy issues in a peaceful way

• Execution – Direct involvement in the planning and drafting of policy programmes

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Advantages of public participation in transportation policy
formulation
• Improved understanding of client expectations and user group needs

• Free information and advice

• Reduction in delay costs as a result of unanticipated opposition

• Improved agency understanding of the role and contribution of the community

• Improved staff and community technical knowledge

• Greater compliance through increased ownership of a solution

• Ensuring that the formulation of transportation policies includes the interest and preferences of the affected
stakeholders

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Advantages of public participation in transportation policy
formulation
• Assist with identification and assessment of the impacts the policy will have on the physical, environmental
and socio-economic structure of society and world at large

• Reduces the likelihood of abuse of privileged positions and information

• Reduces possibilities of serious misinterpretation of the public by officials

• Limits the presentation of final decisions to the public regarding issues not introduced at a sufficiently early
stage in the policy and decision-making process

• Improved quality of decision-making by agencies

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Disadvantages of public participation in transportation policy
formulation
• Complicates issues and likelihood of failing to reach a consensus

• Increase in costs – both financial and manpower

• Responsibility for final decision may easily be taken away from the responsible authority

• Sectional interests may redirect a national/provincial Government decision or policy

• Difficulty in formulating an effective procedure for public involvement

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Disadvantages of public participation in transportation policy
formulation
• Pressure groups and sectional interests may dominate the public input, thus resulting in an unrepresentative
opinion

• Creates expectations

• Increases the risk of abuse of sensitive information for personal or own commercial gains

• Interference with technical aspects where some decisions are purely technical e.g. planning regulations
must be followed whether or not some people in the community agree with them

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Incorporation of public participation in the White Paper on
National Transport Policy
• Prior to the 1996 NTP, last major review was in the mid-eighties

• Extensive consultations of all role players and public at large in identifying issues, generating policy options
and discussing and accepting policy proposals

• First stage was to set up a steering committee to guide the policy review

• Committee included people from key transport sectors and involved all interested groups

• A working group was established to provide an overarching framework for NTP

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Incorporation of public participation in the White Paper on
National Transport Policy

• Six sectoral groups worked on specific transport sectors

• Public seminars were held for members of the community to give their inputs
• Following public seminars, reports on policy proposals were produced
• This culminated into the Green Paper
• Feedback on the Green paper culminated into the White paper, the NTP
• Policies in the white paper are those of national government
• NTP provides the framework for provincial and local governments to develop their own specific and more
detailed polices in line with the constitution, powers and responsibilities for transport

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Legislation making process
• Invariably, a White paper forms the basis of legislation
• A Policy states the goals and objectives from Government and what it hopes to achieve
• A policy document is not law, but it will identify new laws that are needed to achieve its goals and
objectives.
• As stated earlier, legislation sets out standards and procedures that must be followed
• Laws must be guided by Government policy.
• The Minister initiates the process of drafting a new law
• Before it goes to Parliament, it is known as a draft bill
• The draft bill is approved by Cabinet and the Minister tables it in Parliament
• The relevant Committee of Parliament reviews the Bill and requests the public to comment
• After the two houses of Parliament have approved the Bill, it is signed by the President and
thereafter becomes an Act
• The process is similar in many countries with minor variations
• This function is guided by the constitution of the country.

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• National Transportation Strategies and Policies, Department of Transport and Supply Chain Management,
University of Johannesburg, (p7-10)

• National Transportation Strategies and Policies Department of Transport and Supply Chain Management,
University of Johannesburg (p32, 37-43)

• Department of Transport (1996), White Paper on National Transport Policy,

https://www.comair.co.za/Media/.../White-Paper-on-Nat-Transport-Policy-1996.pdf
Read the Introduction only.

• (A video providing an overview on how laws are made in South Africa)

https://www.youtube.com/watch?v=zamw4xcm0wk,

• An article on: How laws are made in South Africa, Available on:
https://www.parliament.gov.za/how-law-made

• An article on: The policy and law making process, Available on:
http://www.etu.org.za/toolbox/docs/govern/policy.html
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Questions?

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