'Scrap flawed consignee/consignor legislation'

Unpacking the consignee/ consignor legislation aimed at addressing the overloading of vehicles is proving to be far more difficult than envisioned and is in fact causing more confusion and uncertainty than anything else. According to Prof Hugo Pienaar, a director in the employment practice of Cliffe Dekker Hofmeyr, the legislation is problematic on several levels, starting with the definitions of consignee and consignor. Whilst some have called on government to relook at the legislation and find ways of making it more understandable, this may not be so easy to do. “It is very complicated, with so many implications – not to mention the confusion that it is creating. There is uncertainty over whose interests are being served and industry is asking government to review it and fix it.” But, he said, there was uncertainty over how possible this was. “It may very well be easier to ask government to withdraw it completely as it is going to be exceptionally difficult to fix – if at all.” It is a sentiment echoed by several experts, including Kevin van der Merwe, who handles abnormal load support for the Road Freight Association. “The legislation is seriously flawed,” he said at the recent anual RFA conference in KwaZulu- Natal. “There is a very real fear that despite this sooner or later some company director is going to be made an example of through this legislation.” Through the amended National Road Traffic Regulations Act, those transporting goods are now required to be in possession of a written declaration containing the nature of the goods being transported, the particulars of every consignor and consignee and compulsory insurance on the goods. INSERT It may very well be easier to ask government to withdraw it completely as it is going to be exceptionally difficult to fix. – Prof Hugo Pienaar