Consignor/consignee legislation 'unenforceable'

It remains uncertain how law enforcement officials will determine overloading of a vehicle along the side of the road let alone how they will know whether a consignee or consignor has met the threshold 500 000kg of cargo for the legislation to be applicable to them. These are just two of the issues around the new consignee/consignor legislation that roadfreight operators are trying to fathom. According to Prof Hugo Pienaar, a director in the employment practice of Cliffe Dekker Hofmeyr, the legislation has not really been designed with a day-today law enforcement perspective in mind. Peter Lamb, an associate with Norton Rose Fulbright, agrees saying it is extremely difficult to understand how this legislation will be enforced from a prosecution point of view. This, however, does not mean that either truck operators or consignees or consignors should not make all attempts to comply. “It would however rely on the law enforcement official being able to determine when that 500 000kg threshold has been met and that the truck being stopped for overloading does indeed also therefore meet the requirements of the consignor/consignee legislation,” explained Lamb. Pienaar said it would be very difficult for a law enforcement operator to determine that the goods being transported were indeed for a consignor that had transgressed the law. Gavin Kelly, spokesman for the Road Freight Association, says all of these issues are documented and included in comments made to the government prior to the legislation being implemented. “In July 2014 we listed and highlighted a number of issues under this legislation that have now actually become the problem,” he said. “No one in this industry actually knows how this legislation is enforced.” Lamb said they were of the opinion that it was just that – not enforceable. “Our advice to our customers is however to take into account that transgression of this legislation is a fine and or imprisonment. So do what you can and put pen to paper as much as possible. Have contracts and documents in place. It is good commercial practice anyway.” INSERT & CAPTION It is extremely difficult to understand how this legislation will be enforced from a prosecution point of view. – Peter Lamb