1. Road Traffic Regulations 330A - D

2. TYPICAL TRANSPORT ARRANGEMENT
Distribution Centre
Store
Factory/ Farm
Warehouse
Port Depot
Port Stack

3. DRAMATIS PERSONAE Consignor
Owner / Party who bears risk in and to the goods
Seller transporting to point of sale / delivery
Operator
Actual Carrier (Haulier / Transporter)
Warehouseman
Packhouse / Distribution Centre
Container Depot
Logistics Service Provider
Freight Forwarder
NVOCC Carrier
Shipping LIne

4. THE PRIOR POSITION
Life was much simpler

5. THE PRIOR POSITION
Consignor – usually the owner or party who bore risk in and to the goods, provided goods to an entrusted operator.

6. THE PRIOR POSITION If the goods arrived – all was well.
If the goods were lost or damaged en route
Owner of goods would claim for loss from underwriters
Operator would be liable for any incidental costs

7. IMPLICATION OF REVISED REGULATIONS
“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 transport of more than 500,000 kilograms of goods in a month by road, or
engages an operator of a vehicle, either directly or indirectly through an agent or other intermediary, to transport 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 the goods are stored in bulk or temporarily held.....

8. IMPLICATION OF REVISED REGULATIONS
“Consignor” means
Any person named a consignor whether they have an interest in the goods or not if the quantity of goods exceeds 500,000 kilograms, or
The ‘consignor’, Logistics Supplier (Freight Forwarder) who acts as a principal, NVOCC, shipping line (carrier haulage),or
Warehouse / depot operator, or
Warehouse / depot operator.....

9. TYPICAL TRANSPORT ARRANGEMENT
Distribution Centre
Store
Factory/ Farm
Warehouse
Port Depot
Port Stack

10. PROHIBITIONS
330A
1. Consignor or Consignee shall not offer goods or accept goods if the vehicle in which it is transported is not loaded ... in accordance with the Act.
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 (sic) (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

11. PROHIBITIONS 330A 1. ... is not loaded ... in accordance with the Act.
Regulation load limit of vehicle tyres
Regulation 239 – carrying capacity of the vehicle
Regulation 240 – maximum mass of the road pavement.
3. If a consignor is responsible for the loading of a vehicle.
Does this refer to legal or only actual responsibility?
4. Contract usually concluded prior to transport being undertaken and vehicle being offered...unless (2) requires consignor / consignee to vet every vehicle for every load!

12. REQUIREMENTS
330B
1. A consignor shall use a method of establishing the mass of a vehicle that is accurate to ensure that such vehicle axle or axles are not overloaded ...
weigh bridge???
In any event this only measures 1 of 3 variables used to determine whether a vehicle is overloaded.

13. REQUIREMENTS
330C
A person operating a public road motor vehicle which carries goods shall be in possession of a declaration containing the following:
(e) the name, residential and postal address of every natural person, or in the event of a juristic person, the reposnsible 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 the 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.

14. REQUIREMENTS
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
What damages?
What do these regulations seek to achieve?
damage to infrastructure
cleanup costs
consequential damages?

15. CONSEQUENCES?

16. OFFENCES Section 89 of the Road Transport Act Regulation 333
Overloading – fine of R120,000 or 6 years imprisonment or both!