Definición de los requisitos de software

The early efforts to create a single transport authority can be traced back to the 1970’s and a proposal from the World Bank in one of the transport studies prepared for the government and the proposals were repeated and considered in a number of forms over the decades that followed. A similar proposal was later seen in many transport plans, such as the JICA Report in 1999, the World Bank report on the Urban Rail Concession Project in Kuala Lumpur, Bangkok and Manila in 2004 (see section 1.2), and the Ninth Malaysia Plan (2006-2010) released by the EPU in 2006. Figure 3.2 shows the milestones in the creation of SPAD.

Figure 3.2: Milestones in the creation of SPAD

Despite these numerous proposals in transport studies over a period of decades, no serious effort was made to construct a single transport authority until the year 2000, when a special task force was created in the Ministry of Finance to monitor the various transport projects undertaken during that time. The task force comprised only four hand-picked members from four key agencies – EPU, MOT, Kuala Lumpur City Hall and the CVLB. In 2002, the task force was given a special assignment to take over the failing urban rail projects, the STAR-LRT and Putra-LRT. The task force was later dissolved in 2004 and replaced by another coordinating committee called the Integration and Restructuring of the Public Transport System in the Klang Valley Committee (INSPAK).

INSPAK was chaired by the Minister of Finance and operated without any legislative support. Its main task was to restructure the public transport system in the Klang Valley, and as part of this exercise it established two government linked companies – Rapid KL and PRASARANA – to operate and own the assets of STAR-LRT, Putra-LRT and the feeder bus system.

The committee also proposed the creation of a single transport authority at the national level, which was strongly supported by the EPU. In August 2004, the Cabinet approved the creation of a National Transport Board with legislative support - a national body. To ensure its smooth implementation,

the Cabinet lengthened the period of its implementation, with the first phase being to create the Klang Valley Urban Transport Authority (KUTA) – a regional body. On 10 September 2004, the Prime Minister then announced in his annual budget speech that INSPAK would be responsible for the creation of KUTA. However, despite INSPAK’s efforts, including the preparation of a bill for KUTA in 2005, a single transport authority did not materialise. Interestingly, reference to an official document prepared by the EPU and INSPAK in 2004 revealed that although all the relevant agencies agreed to the proposal to create a single authority for the Klang Valley, none of them wanted their existing powers to be taken away. After about a year of operation, the INSPAK committee became inactive, although there is no evidence that it was officially dissolved.

The proposal for KUTA was put on the back burner until May 2008, when the Cabinet decided that the EPU should study the proposal to create a single transport commission and present the findings to them. It is not clear what triggered this request, but it could have been the failure of the Monorail project in Kuala Lumpur in 2007. The EPU study on the creation of a National Land Public Transport Commission was completed in May 2009, and their recommendations provided a blueprint for reform. To facilitate the study, the EPU created a steering committee that comprised members from various agencies and ministries to seek continuous input and assistance in the preparation of a new bill for the proposed commission. Early proposals on the set-up were presented to the former Prime Minister in August 2008, who made the following decisions:

 That the commission would be known as Land Public Transport Commission or Suruhanjaya Pengangkutan Awam Darat (SPAD);

 That its jurisdiction would only cover land public transport – buses, rail and taxis;

 That the first phase of its implementation would cover only West Malaysia/Peninsular Malaysia.

When Prime Minister Najib Tun Razak took office on 3 April 2009 after the general election of 2008, one of his first acts was the re-shuffle of the ministries in 2009, including the dissolution of the MECD and the CVLB’s absorption into the PMD. He also developed the Government Transformation Programme (GTP), which aimed to transform the way the government worked in order to propel the nation forward. The GTP focused on areas that needed the most attention from the government under seven

National Key Result Areas (NKRA), one of which was to improve urban public transport in Kuala Lumpur. This task was assigned to the Minister of Transport, and had clear targets, a specific time-frame and a reporting framework. The NKRA for public transport set ambitious targets, such as achieving a modal share of 25% by 2012, increasing the capacity of the urban rail, and creating rights of way for buses (Pemandu, 2012). Whilst some of these targets have been achieved, attaining the modal share remains a tall order since the rising affluence in the city is linked with a rise in private cars.

Once the study on SPAD was completed, the EPU presented the findings to the Economic Council in July 2009. The Economic Council, which is chaired by the Prime Minister comprises key economic ministers and senior government officials. It serves as the consultative body to facilitate cross-cutting economic policy decisions and focuses on strategic economic issues and overcoming bureaucratic delays.¹⁴ The council decided that the EPU should review the planning and enforcement functions given to SPAD, and include freight within its purview as well. Two months later, the EPU re-presented its findings, and the council approved the creation of SPAD with the following features:

 SPAD to cover land public transport; buses, rail, taxis, tourism vehicles and goods vehicles;

 The functions of SPAD to include planning, regulation and enforcement of the land public transport sector;

 The regulation of vocational licenses (the driving license for commercial vehicles) to remain with the RTD;

 The first phase of implementation to be limited to West Malaysia;

 SPAD to be supported by two pieces of legislation – the Land Public Transport Commission Act (SPAD Act 2010) and the Land Public Transport Act (PAD Act 2010);

 The CVLB and the DOR to be absorbed into SPAD. The powers of the Ministry of Tourism in regulating tourism vehicles and hire and drive cars to be ceded to SPAD.

The Cabinet then endorsed the creation of SPAD, forming an interim team to work on bills and do the groundwork for SPAD, such as identifying office

14 www.epu.gov.my accessed on 29 November 2012

space, fixing the service scheme/salary packages, and recruiting qualified members.

SPAD was formally created after the parliament passed both the SPAD and the PAD acts in May 2010. It was designed to be an independent commission placed directly under the Prime Minister in the PMD, and its functions included planning, regulation of land public transport, and enforcement. In the SPAD Act (2010), land public transport is defined as

“transport on land by means of land public passenger transport and land public freight transport, and includes land public transport services, terminals, facilities, networks, systems, operations and other services associated with such transport or land public transport services”.

Although both SPAD acts were passed in May 2010, only the SPAD Act (2010), which sets out the clauses on the functions and powers of the commission, was enforced immediately, with the PAD Act (2010) being enforced six months later in January 2011. Therefore, during the first six months of SPAD’s creation, the CVLB and the DOR continued to exist and perform their functions, only being dissolved in January 2011 when their functions were finally transferred to SPAD.