The industry has just over
a month left to respond to
proposed new regulations
requiring inspection of
dangerous goods vehicles,
which could potentially lead
to delays and additional
costs.
A 16-page document
outlining the proposed new
regulations was published in
the South African Government
Gazette (and
online) on May
23 this year and
comment must
be submitted by
July 31. “Given
the potential
impact of these
regulations,
a longer time
period should
be allowed for
comment,” said
Kamiel Rajah,
associate in the International
Transport, Trade and Energy
Department at Shepstone &
Wylie Attorneys.
He said there was no
set time in law for which
regulations must lie for
comment before being
published but that a
“reasonable period of time”
should be allowed. “In this
case, given the very specific
nature of these regulations,
we feel that the deadline for
comment is not long enough.”
Rajah noted that, legally
speaking, once the proposed
regulations are published in
the Government Gazette it can
be said that
the industry
is aware of the
regulations.
Should they
be published,
they will
require an
operator to
present a
vehicle to an
inspector to
evaluate its
suitability for
the transport of dangerous
goods before a permit can
be issued. An application
for a permit would need
to be accompanied by the
following documentation:
· Certified copy of the vehicle’s
registration certificate;
· Certified copy of the identity
document of the owner of
the vehicle
· Certified copy of the vehicle’s
certificate of compliance;
· Certified copy of the vehicle’s
emergency procedure plan;
· Proof of payment of the
prescribed fee.
Rajah told FTW it was
difficult to assess whether the
inspection process was likely
to lead to delays and nor could
he comment on the possible
efficiency or potential lack of
efficiency of the process. He
conceded that increased costs
associated with compliance
would affect the industry as
would possible delays with
obtaining new permits.
“Non-adherence to the new
regulations will lead to fines
and further sanctions or
penalties,” he said.
A contravention of
the regulations carries a
fine of up to R10 000 or
imprisonment for a period
not exceeding 12 months.
INSERT & CAPTION
Given the very
specific nature of
these regulations, the
deadline for comment
is not long enough.
– Kamiel Rajah
