Public-private partnerships (PPPs) in transport, whether roads, railways, light rail, buses, ports or airports, require a sound legal framework. The right for government authorities to enter into PPPs in Transport and related rights and obligations, such as land acquisition and right of the private operator to charge users are often regulated by law. Set out below are examples of legislation related to PPPs in the Transport sector.
Set out below are examples of policies, laws and regulations related to PPPs in the Transport sector.
Laws for Ports [to be developed]
Laws for Airports [to be developed]
Laws providing for Public-Private Partnerships (PPPs) in Transport Sector
Listed below are samples of transport legislation relevant to and enabling the implementation of PPPs:
Canada, Quebec - Loi concernant les partneriats en matiere d'infrastructures de transport (Law Regarding Transport Infrastructure Partnerships), décembre 2000 - à jour au 1er juin 2015 (December 2000 - updated 1 June 2015).
Ireland - The Transport (Railway Infrastructure) Act 2001 is relevant to PPPs in Ireland because it facilitates private sector participation in the development of the rail sector in Ireland. The Act establishes the Railway Procurement Agency (RPA), which is an independent statutory public body with responsibility for procuring new metro and light rail infrastructure and services through public private partnerships, joint ventures or other means, as determined by the Minister for Transport. For additional PPP legislation in Ireland, visit the Irish Government Public Private Partnership (PPP) website.
- British Columbia: Transportation Investment Act 2002 - Provides a framework for developing public-private partnerships (referred to as "P3s" in Canada) to expand and improve provincial transportation infrastructure, and also creates the Transportation Investment Corporation, a public corporation established with the purposes of delivering, managing, operating, tolling or funding transportation projects, including P3s. The Act also provides for the charging of tolls.
- Roads Act 1993 (as amended) - sections 56 to 63 provide for the tolling or roads and for the entry by the government into PPPs (including arrangements to design, build, finance and operate) roads and for the charging by the private operator of tolls.
Poland - Polish Law on Toll Motorways
A number of countries have introduced toll roads to allow for cost recovery of capital costs and maintenance. Some of these toll roads will be privately financed and tolling will be
carried out by the private sector. In other cases the government itself uses tolls to generate funds to pay for the infrastructure or to manage traffic flow.
Where tolling of users is considered as providing the most appropriate means for recovering some or all of the costs of a significant investment in new highway infrastructure, governments typically develop guidelines or policies for use of tolls. World Bank summary of issues and analysis on tolling and concessioning.
A number of examples of such policies/ guidelines from different jurisdictions are set out below:
National Roads Authority – Key PPP Principles and Tolling Guidance
South Africa National Roads Acency and national roads act 1998 - including powers of SANRAL to charge toills
United States - 91 Express Lanes in Orange County, California Orange County Transportation Authority (OCTA) uses congestion management pricing to establish tolls for the 91 Express Lanes. OCTA also created "Three Ride Free" as a separate toll policy to encourage carpooling on the 91 Express Lanes.
A Review of International Legal Instruments - Facilitation of Transport and Trade in Africa (Les instruments juridiques internationaux de facilitation du transport et du commerce en Afrique), second edition, Jean Grosdidier de Matons, Sub-Saharan Africa Transport Program (SSATP), March 2014 (English and French)
International UNECE Transport Agreements and Conventions - The UN Economic Commission for Europe (UNECE) guides the process of harmonizing and simplifying border crossing procedures for the various modes of inland transport and provides an overview of international UNECE Transport Agreements on its website.