Haulier flouts every dangerous goods regulation

Alan Peat ALTHOUGH THE new legislation for the transportation of dangerous goods was launched with fanfare last August, the enforcement of the vital new rules is plain non-existent, according to Ashley Aitken, director of the Durban-based road transporters, Aitrans. "It is unfortunate that - while we have a wonderful piece of legislation, designed to protect our environment, road users, and taxpayers alike - this has yet to be fully realised, as law enforcement is non-existent." This was highlighted by a case in Natal in late October, where a truck carrying explosives was impounded by the provincial traffic police and charged with being non-compliant under the new legislation. Aitken saw the truck carrying an 18-ton container load of fireworks as he drove home one evening on Field's Hill just outside Durban. "I saw that the vehicle didn't have the yellow warning triangle that indicates that a truck complies with the new dangerous goods legislation," Aitken told FTW. "I decided I'd had enough, and reported it to the road traffic inspectorate (RTI)." The traffic authorities pulled the truck off the road near Shongweni to find that not only did the vehicle and driver not comply, but also the truck was not in a roadworthy condition. The Metro Police and the RTI impounded the vehicle and took it to the testing grounds at Marianhill. There they found that the company transporting the explosives did not have the required permit, and had not obtained permission from the traffic department to transport the fireworks during daylight hours. The police also said that the driver was not qualified to transport hazardous substances, and was not in possession of the medical clearance certificate allowing him to drive a heavy vehicle transporting explosives. The driver was also unable to produce any form of substantive ID or shipping orders for the load. The police inspection also revealed that the vehicle was not roadworthy Ð having smooth tyres, faulty brakes, no warning triangle, and trailer lights that were inoperative. Charges have been laid against both the owner and driver of the truck. There's a problem with this new legislation, Aitken told FTW. "The layman will find it extremely difficult to decipher much of the legal wording." But in principle, Aitken added, it's a simple issue. "Equip yourself not only with the correct transporter, but with the knowledge as to what your responsibilities are as consignors and consignees."