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Dreaded import vehicle ruling postponed

24 Feb 2006 - by Staff reporter
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Ban on issue of temporary permits delayed
ALAN PEAT
A RECENT court ruling has delayed the ban on the issuing of temporary registration permits for vehicles in transit until a Supreme Court hearing – only expected to take place next year. The ban was originally applied by the department of transport (DoT) on July 1 last year - so that imported vehicles moving through SA on their way to overborder destinations would no longer be able to be driven as they transited this country. The crux of the matter, according to the DoT, was that special permits “may only be issued to motor vehicles that are intended to be registered and licensed in the Republic. Accordingly, it is quite clear that both the temporary or special permits were not intended to be issued to motor vehicles traversing the Republic.” The problem was that certain unscrupulous operators went through the process of having vehicle tests completed and the temporary licensing permits issued for the supposed transit procedure – but then a day later returned to the licensing office with the irrelevant documents (the bill of entry, for example) concealed in their hip pockets, slapped the COF and temporary licence on the counter, and had the vehicle SA-registered. It was now an illegal import, but fully registered to go about on the SA roads. But, Sathie Moodley, MD of Speedway Freight, told FTW at the time that the new regulations would seriously hit the honest practitioners in the vehicle movement industry. A court action was raised to prevent the July 1 introduction of the new rules. The result was that the court granted an interdict, placed a moratorium on the introduction of the legislation, and ordered the authorities to justify the introduction of the new regulations. After the court hearing the moratorium was effectively extended until the case goes before the Supreme Court next year, according to Surendra Naidoo of the Durban-based legal firm, Naidoo Maharaj Incorporated – which is representing the clearing agents and receivers and shippers who are the applicants in the case against the minister of transport.

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