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Alta Swanepoel.  VENUES:  26 May 2015 – Stellenbosch (Spier)  28 May 2015 – Durban (Garden Court Marine Parade)  9 June 2015 – Pretoria (CSIR) Please.

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Presentation on theme: "Alta Swanepoel.  VENUES:  26 May 2015 – Stellenbosch (Spier)  28 May 2015 – Durban (Garden Court Marine Parade)  9 June 2015 – Pretoria (CSIR) Please."— Presentation transcript:

1 Alta Swanepoel

2  VENUES:  26 May 2015 – Stellenbosch (Spier)  28 May 2015 – Durban (Garden Court Marine Parade)  9 June 2015 – Pretoria (CSIR) Please contact our office or visit our website for a registration form if you want to attend the Workshop. ALTA SWANEPOEL & ASSOCIATES CC 1266 Starkey Avenue, Waverley, Pretoria, 0186 P O Box 31956, Totiusdal, Pretoria, 0134 Tel: 012 332 2186/9 Fax: 086 672 0469 e-mail: website: Annual Road Transport Legislation Workshop - 2015

3   The Department of Transport developed a National Overload control strategy in 2003. An essential element of this strategy is the control of consignors and consignees of goods transported on public roads.  The legislation enabling the control measures for consignors and consignees was already drafted in 2003 and was eventually promulgated as part of the National Road Traffic Amendment Act, 64 of 2008. The Act was implemented on 20 November 2010  Section 74A and 74B of the Act as well as section 75(zB), (zC) and (zD) allows the Minister of Transport to regulate consignors and consignees. introduction

4   Sec 74A. Act or omission of manager, agent or employee of consignor and consignee (1) Whenever any manager, agent or employee of a consignor or consignee, as the case may be, does or fails to do anything which, if the consignor or consignee had done or failed to do it, would have constituted an offence in terms of this Act, the consignor or consignee, as the case may be, shall be regarded to have committed the act or omission personally in the absence of evidence indicating— (a)that he or she did not connive at or permit such act or omission; (b)that he or she took all reasonable measures to prevent such act or omission; and (c)that such act or omission did not fall within the scope of the authority of or in the course of the employment of such manager, agent or employee, and be liable to be convicted and sentenced in respect thereof. (2) In the circumstances contemplated in subsection (1) the conviction of the consignor or consignee shall not absolve the manager, agent or employee in question from liability or criminal prosecution. Nrta, 93 of 1996

5   Sec 74B. Proof of certain facts  (1) In any prosecution under this Act, a goods declaration or any other document relating to the load of a vehicle and confiscated from such vehicle shall be proof of the matters stated in such document unless credible evidence to the contrary is adduced.  (2) A copy of or extract from any document referred to in subsection (1), and certified as a true copy or extract by the officer in whose custody the original document is, shall, unless credible evidence to the contrary is adduced, be admissible as evidence and be proof of the truth of all matters stated in such document without the requirement of having to produce the original document from or of which such extract or copy was Nrta, 93 of 1996

6   (zB)the regulation of any person who offers goods for transportation on a public road or accepts goods after transportation, in relation to the mass of such goods, the documentation relating to such goods, the agreements that have to be concluded for such transportation, insurance in respect of the transportation of such goods and any other matter relating to the offering of goods for transportation or the acceptance of transported goods;  (zC)the criteria in terms of which a person is classified as an habitual overloader, the offences to which such classification applies, the criteria for rehabilitation, if necessary and the sanctions for classification as an habitual overloader;  (zD)the equipment to be used for law enforcement purposes, the certification of such equipment and requirements in respect of records obtained from the equipment; Section 75 - powers

7   Section 74A requires a consignor and consignee to take all reasonable steps to avoid overloading a motor vehicle and in the event of a prosecution the consignor or consignee must be able to show what steps he has taken to avoid the overloading of vehicles.  Section 74B requires accurate documentation as it may be used as evidence in court cases Effect of section 74a and b

8   Published on 31 October 2014  Regulation 330A to D – implementation date 31 January 2015  Regulation 1 – new definition of a consignor and a consignee – already implemented on 31 October 2014  Regulations made in terms of section 75 – assigns duties to consignors and consignees 22 ND NRT REGULATION AMENDMENT

9   “consignee” in relation to goods transported or to be transported by a vehicle means the person excluding a consignee of dangerous goods in terms of regulation 273, who is named or otherwise identified as the intended consignee of more than 500 000 kilograms of goods in a month in the goods declaration for the consignment and who actually receives such goods after they are transported by road; 22 ND REGULATION AMENDMENT

10   “consignor” means a person excluding a consignor of dangerous goods in terms of regulation 273, who is named or otherwise identified as the consignor of goods in the goods declaration relating to the transportation of more than 500 000 kilograms of goods in a month by road or engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road or has possession of, or control over, the goods immediately before the goods are transported by road or loads a vehicle with the goods, for transport by road, at a place where goods are stored in bulk or temporarily held but excludes a driver of the vehicle, or any person responsible for the normal operation of the vehicle during loading; 22 ND REGULATION AMENDMENT

11   Offering and acceptance of goods on overloaded vehicle prohibited Reg 330A. (1)A consignor or consignee of goods shall not offer goods or accept goods if the vehicle in which it is transported is not loaded in terms of the provisions for the loading and transportation of goods as prescribed in this Act. (2)A consignor shall require from the operator of the vehicle in which the goods he or she offers for transport and in which the goods will be transported, a written submission as to the payload of such vehicle and the distribution of such load on a vehicle. (3)If a consignor is responsible for the loading of a vehicle of an operator, he or she shall take such steps as are necessary to ensure that the vehicle is loaded as contemplated in subregulation (1) and (2). (4)A consignor or consignee shall not conclude a contract with the operator to transport goods on a vehicle, if the vehicle is overloaded when such load is transported on such vehicle. 22 ND REGULATION AMENDMENT

12   Consignor to have a method of determining mass Reg 330B (1)A consignor shall use a method of establishing the mass of a vehicle and any axle or axle unit of such vehicle that is accurate as to ensure that such vehicle axle or axles are not overloaded in terms of Part IV of Chapter VI. (2)A consignor shall keep a record of the mass of every load transported from his or her premises as contemplated in subregulation (1). (3)The record as contemplated in subregulation (2) shall be put at the disposal of any traffic officer or person appointed as contemplated in section 50 or authorised as contemplated in section 82 of the Act. 22 ND REGULATION AMENDMENT

13   (4) The chief executive officer concerned may, in the exercise of his or her powers under this section—  (a)require any operator, subject to any lawful objection, to make discovery of documents by way of affidavit or by answering interrogatories on oath and to produce such documents for inspection;  (b)require any operator to allow inspection of any records and documents required to be kept by the operator in terms of this Act;  (c)appoint a commission to take the evidence of any person in the Republic or in a prescribed territory or in a foreign state and to forward such evidence to him or her in the same manner as if the commission were a commissioner appointed by a court; and  (d)at any time require that an inquiry be instituted into the operational activities of an operator by a person appointed by him or her for that purpose and, if such operator is a company, also into those of any other company in a group of companies to which the operator belongs or of which the operator is the controlling company. Section 50 of the NRTA

14   Inspections for ensuring that provisions of Act are given effect to (1) The Minister may authorise any person to carry out any inspection which the Minister deems necessary in order to ensure that the provisions of this Act are being complied with. (2) If the Minister delegates the power conferred upon him or her by subsection (1) to the MEC concerned, that MEC may authorise any person to carry out the inspection concerned. (3) No person shall obstruct or hinder any person in the carrying out of any inspection contemplated in subsection (1). Section 82 of the NRTA

15   Goods declaration to be carried on a motor vehicle Reg 330C. A person operating on a public road a motor vehicle which carries goods shall be in possession of a declaration containing the following information: (a)the licence number of each vehicle in the combination of vehicles; (b)the nature and quantity of goods transported; (c)the contact particulars of the operator or in the case of a combination of vehicles, of every operator in the combination of vehicles; (d)the particulars of the consignor and consignee of the load or in the case of loads collected at and delivered to more than one consignor and consignee, the particulars of every consignor or consignee; (e)the name, residential and postal address of every natural person or in the case of a juristic person, the responsible director or member, an agent, consignor, consignee or operator listed in the declaration; (f)the consignor and operator shall conclude a written agreement for the transportation of goods stating– (i)the nature of the agreement; (ii)the loading instructions; and (iii)the responsibilities of the parties. (g)schedule of insurance as contemplated in regulation 330D. 22 ND REGULATION AMENDMENT

16   Consignor or Consignee to insure goods to be carried on a motor vehicle and the motor vehicle  Reg 330D A consignor or consignee of goods shall not transport goods on a public road or accept goods unless such transportation is fully insured for damages that can occur as a result of an incident. 22 ND REGULATION AMENDMENT

17   The effect of the legislation on consignors and consignees are practically–  In most transport industries the installation of weighbridges that are capable of measuring axles and axle units.  the issuing of documents reflecting the correct masses. This will obviously be controlled at weighbridges and if found to be wrong, consignors could be prosecuted for transgressing the regulations.  the control of the mass distribution on a vehicle. Currently most consignors only concern themselves with the total vehicle mass and do not really address load distribution.  Axle mass overloads are treated in the same manner as vehicle overloads. Effect of legislation

18   The loading instructions must be in compliance with the National Road Traffic Regulations  The relevant regulations relating to permissible maximum masses are reg 234 to 237  Reg 238 controls tyre loadings  Reg 239 controls gross masses determined by the manufacturer  Reg 240 regulates road limits  Reg 241 determines the bridge formula  Reg 242 – regulates the steering axle and balance of the vehicle loading INSTRUCTIONS

19  Definitions  Important to understand terminology  Loading instructions will contain legal terms  Should correspond with terms used at weigh bridges

20   Combination of motor vehicles consisting of a truck-tractor and a semi-trailer  All definitions need to be checked to determine the exact meaning of definition 20 ARTICULATED MOTOR VEHICLE

21   Truck-tractor is a motor vehicle designed to draw other vehicles, not to carry any load except that imposed by a semi-trailer or ballast 21 TRUCK-TRACTOR

22   means a motor vehicle designed or adapted mainly for drawing other vehicles and with a gross combination mass not exceeding 24 000 kg, but does not include a truck-tractor 22 TRACTOR

23   means a motor vehicle, designed or adapted mainly for drawing other vehicles, and with a gross combination mass exceeding 24 000 kg, but does not include a truck-tractor or tractor; Haulage Tractor

24   Motor vehicle – includes trailer  Trailer – includes all vehicles that are designed to be drawn by a motor vehicle and runs on wheels  Semi-trailer – trailer with no front axle and at least 15% of the mass carried by the drawing vehicle Trailer and Semi-trailer

25   A vehicle that is designed or adapted to carry goods  Goods means any moveable property  Excludes a motor car, minibus, bus, motorcycle, tricycle, quadrucycle  Includes a truck tractor, adapter and converter dolly, breakdown and a haulage tractor 25 GOODS VEHICLE

26 TARE “tare”, in relation to a motor vehicle, means the mass of such vehicle ready to travel on a road and includes the mass of— ( a )any spare wheel and of all other accessories and equipment supplied by the manufacturer as standard for the particular model of motor vehicle concerned; ( b )anything which is a permanent part of the structure of such vehicle; ( c )anything attached to such vehicle so as to form a structural alteration of a permanent nature; and ( d )the accumulators, if such vehicle is self-propelled by electrical power, but does not include the mass of— (i)fuel; and (ii)anything attached to such vehicle which is not of the nature referred to in paragraph ( b ) or ( c );

27 GROSS MASSES “gross combination mass”, in relation to a motor vehicle which is used to draw any other motor vehicle, means the maximum mass of any combination of motor vehicles, including the drawing vehicle, and load as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority; “gross vehicle mass”, in relation to a motor vehicle, means the maximum mass of such vehicle and its load as specified by the manufacturer thereof or, in the absence of such specification, as determined by the registering authority;

28   “axle” in relation to a vehicle, means a device or set of devices, whether continuous across the width of the vehicle or not, about which the wheels of the vehicle rotate and which is so placed that, when the vehicle is travelling straight ahead, the vertical centre ‑ lines of such wheels would be in one vertical plane at right angles to the longitudinal centre ‑ line of such vehicle;  “axle ‑ mass load” the sum of the wheel mass load of all wheels on an axle;  “axle unit”, in relation to a vehicle, means—  (a)a set of two or more parallel axles of such vehicle which are so interconnected as to form a unit; and  for the purpose of the definition of “wheelbase” and Parts III and IV of Chapter VI, in the case of a trailer, two or more axles, whether interconnected or not, where the distance between adjacent axles is less than one comma two metres; Axle, axle-mass load, axle-unit

29   Any road, street or thoroughfare where the public or part of the public have common use or right of access,  Includes culverts and bridges  Whole road reserve is part of the public road  Distinguish from “roadway” PUBLIC ROAD

30   Operate includes permit to operate  Have a vehicle on a public road  Permit to have a vehicle on a public road  If owner gave permission he can be prosecuted as well OPERATE ON A PUBLIC ROAD

31  a)Information to authorities on address, proxy, etc. b)Protect card – display in window c)Control driver – All offences, specific PrDP and overloading d)Vehicle fitness – RWC, licence, etc. e)Safety of public – general safety f)Dangerous goods g)Loading and transportation Duties of operator- Section 49 - NRTA

32   Will influence overloading cases  Operators also prosecuted  Additional infringement  R 1250 and 4 demerit points  May generate court cases AARTO

33   AARTO – Schedule 3 column 11 lists all the offences and infringements that the operator will also be charged for  All roadworthy offences, overloading offences, dangerous goods and if the driver does not have a licence or PRDP  Operator card - 12 points per card AARTO and Operators

34 ItemCodeRefDescriptionClPenaltyD PRandDiscPay Op 12341704Reg 35(7) Vehicle with no front or rear number plate OC6000 49(d) 1301900 Sect. 32(1) Operated a goods vehicle with a GVM > 3500 kg. without a professional driving permit issued to him or her. I2541250625 49(c) 5312684 Reg. 192A(2)(a) Goods vehicle with GVM more than 3500kg not fitted with contour or strip markings at the sides / rear or such markings affixed higher than 600mm from lower part of body I101500250 49(d) 12933700 Sect. 58(1) Failed to stop motor vehicle at stop sign of traffic or customs official. Non-RWC I101500250

35   Section creates presumption  State cannot prove company procedures  Operator must prove  That he did everything reasonable, to ensure that offences that may not committed under sec 49, have been done  That he did not connive with employee  That it was not part of job description Section 51

36   MEC has authority to investigate driver and vehicle records as well as overall performance of operator  Record keeping has improved  Possible to trace overloading offences of specific operator  Future requests to be sent through to MEC  Foreign vehicles – Request for revoking permits Section 50

37  Presumptions

38   Legal tool to assist state  Certain facts presumed  Burden on accused to create doubt on facts  Vital tool to ensure legal system is not frustrated  Sections 69 to 73  Various other presumptions Legal Presumptions

39   Where in any prosecution for an alleged contravention of any provision of this Act, evidence to prove such contravention is tendered of any mass as ascertained by means of a mass-measuring bridge or other mass- measuring instrument, such mass shall be deemed to be correct in the absence of evidence to the contrary.  GVM Presumption – sec 71 mass ascertained by means of mass- measuring bridge or other mass- measuring instrument – sec 70

40   All vehicles are limited to a 2% tolerance:  56 000 kg PMCM- 57 120 kg  30 000 kg PMCM- 30 600 kg  10 000 kg PMVM - 10 200 kg  2 500 kg PMVM- 2 550 kg  Axles and axle-units are limited to a 5 % tolerance  9 000 kg PMAM – 9450 kg  18 000 kg PMAUM – 18 900 kg  24 000 kg PMAUM – 25 200 kg TOLERANCES

41   Safety  Tyres: SABS 1550 or manufacturer specifications. Tyre overload will cause damage to tyre. Inflation pressure relevant  Manufacturer specifications: Plate on goods vehicles, buses and minibuses  Infrastructure protection  Roads: reg 240  Bridges: reg 241 Elements – LOAD CONTROL

42   Tyre sizes  Inflation pressure relevant  Single or duel mounted tyres have different masses  Manufacturer specifications in pounds, must be converted to kilograms  SANS 1550 Tyres – REG 238

43   GAgross axle mass  GAUgross axle unit mass  GVMgross vehicle mass  GCMgross combination mass  GKMgross kingpin mass  Ttare  P/Dpower of engine – kilowatts  Owner responsible for correct info on plate Manufacturer specifications – REG 239 and REG 245

44   Safety  Power of engine must be sufficient to draw vehicle  240 kg for 1 kilowatt power  Traction = 5 x actual mass on driving axle/s  Gross masses = maximum allowed before safety is jeopardised Manufacturer’s specifications

45   Road building costs exorbitant  Maintenance of roads also very expensive  Axles have to be limited to avoid damage to road surface and foundation  Distribution of mass – important to protect bridges  Gauteng project – 20 billion rand Road and bridge costs

46   1 axle, 2 or 3 wheels – 8 000kg  1 steering axle, 2 wheels –7 700kg  1 axles, 4 wheels – 9 000kg  Axle-unit, 2 axles, 2 or 3 wheels each – 16 000kg  Axle-unit, 2 axles, 4 wheels each – 18 000kg  Axle-unit, 3axles, 2,3 or 4 wheels each – 24 000kg Road limits – REG 240

47   Distance between axles of axle groups measured (L)  (L) x 2100 + 18 000 = max mass according to bridge formula  Combinations must be measured on both sides  Round measurement up, e.g. 15.46 m = 15.50m  Any group may be used  Axle-units may not be used for bridge formula Bridge formula – REG 241

48   Permissible maximum masses  Creates formula to determine overloading  234 + 235 = Axles and axle-units – same principles  236 + 237 = vehicles and combinations – same principles Formulas –REG 234 to 237

49   Have to determine the permissible maximum axle and axle-unit mass load= least of three masses:  3 elements:  Tyres = reg 238  Manufacturer specifications = reg 239 and 245  Road limits = 240 AXLES and AXLE- UNITS Reg 234 + 235

50  Calculation  Tyres – Reg 238 22 12.5R = 3000kg 4 tyres x 3000 = 12 000kg  Manufacturer’s specs – Reg 239 + 245 GA 10 000kg  Road limit – Reg 240 9 000kg  Leas t of masses  9 000kg

51   Tyres – Reg 238 Permissible mass 22 12.5R = 3000kg18 000 kg 8 tyres x 3000 = 24 000kg  Manufacturer’s specs – Reg 239 + 245 GAU 20 000kg  Road limit – Reg 240 18 000kg Axle-unit – REG 235

52   Sum of axles and axle-units  GVM or GCM  P/D x 240 (400 – tractor)  5 x actual mass of driving axle/s  Bridge formula: (L) x 2100 + 18 000kg  Proviso:56 000kg Vehicles and combinations Reg 236 and 237

53  Bridge formula: (L) x 2100 + 18000

54   Sum of axles and units: 6 500kg + 18 000kg + 24 000kg = 48 500kg  GCM:72 000kg  P/D 310 x 240 = 74 400kg  5 x 18 000kg = 90 000kg  17.60 x 2100 + 18 000kg = 54 960  Proviso not applicable Calculation

55   “One Tonner”  Understand that vehicle can carry one ton – not correct  Calculation:  GVM3250 kg  Tare2250 kg  Load1000 kg  This includes driver, assistant, fuel, spare wheel, etc. Calculation

56   Under loading of the steering axle – offence  Articulated vehicle – 11% of the actual masses of the axles of the drawing vehicle and first trailer  4 500 + 19 800 + 21 000 = 45 300  11% = 4983 – 5% = 4753 kg  Under load on steering axle  Rigid vehicle = 20% REG 242 – Steering axle

57   Overloading control  In cases where drivers are arrested the operator or owner, in the case of a bus, should also be prosecuted  Suggested standard fines for overloading included  Breakdown vehicles  Front axles that are overloaded when empty  Overloaded towed vehicles – driver of breakdown not to be prosecuted  Dangerous goods vehicles  Escorted to designated off-load area – has to return to weigh bridge  Abnormal vehicles  No faxed copies allowed  Non compliance with permit – prosecution as though no permit Guideline on mass measuring

58   Reg 246  All goods secure  Covered  Containers – twist locks  May not dislodge or spill Goods secure

59   Enclosed to 350 mm for seated and 900 mm for standing passengers  Passengers and goods must be separated  Passengers and tools must be separated  Reg 247 Passengers on goods vehicles

60  Offences

61   Sec 89  Reg 333  One year imprisonment is equal to R 20 000  Different provisions for different offences  Overloading - R 120 000 or 6 years imprisonment or both Offences

62   The new legislation will have a positive effect on the percentage overloaded vehicles on the road as the overload is stopped at the source  Consignors and consignees will have to ensure they can comply with the requirements, as there will be costs involved in compliance with the legislation.  No transitional provisions  The Loading instructions need to comply with the NRT Regulations conclusion

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