'Definitions in overloading legislation must be sorted out'

In its efforts to curb overloading and ensure cargo is moved more safely on South African roads, the government has passed the buck in its entirety to the private sector. Industry was this week still reeling while trying to come to terms with the ramifications of the series of new regulations under the National Road Traffic Act of 1996. Speaking at the annual Breakbulk Africa Conference in Sandton last week, Phillip Warren of Africa Route Clearance Consultants said while the intentions of the legislation were good, some “very rough edges” to the legislation needed to be sorted out. Warren said there were real concerns about what was commonly referred to as the consignee/consignor legislation – including the definitions involved. “It is understood the consignee is the end receiver of the goods, but who is the consignor – the cargo owner, the forwarder, the transporter? Industry is not sure.” Delegates agreed, saying they found the legislation ambiguous. One example was cited where the legislation in one instance states truck drivers cannot be held accountable for overloading of vehicles, but only a few pages later claims that drivers of vehicles will be prosecuted. “This is just one of several such examples,” said Warren. “And to ensure compliance with the legislation, far more weighbridges will need to be available in the country to accurately measure the weights involved.” He said while the legislation was in the long run good news for the country in addressing overloading, truck drivers in particular are going to bear the brunt when it comes to enforcement. “In the meantime the best advice to industry is to get to grips with the legislation and to try as far as possible to comply,” said Warren.