Amendment to Regulation 1 of the Regulations.

Definitions: Government Gazette No. 38142, 31 October 2014

“consignee” in relation to goods transported or to be transported by a vehicle means the person excluding a consignee of dangerous goods in terms of regulation 273, who is named or otherwise identified as the intended consignee of more than 500 000 kilograms of goods in a month in the goods declaration for the consignment and who actually receives such goods after they are transported by road.

 

“consignor” means a person excluding a consignor of dangerous goods in terms of regulation 273, who is named or otherwise identified as the consignor of goods in the goods declaration relating to the transportation of more than 500 000 kilograms of goods in a month by road or engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road or has possession of, or control over, the goods immediately before the goods are transported by road or loads a vehicle with goods, for transport by road, at a place where goods are stored in bulk or temporarily held but excludes a driver of the vehicle, or any person responsible for the normal operation of the vehicle during loading.

 

Road Traffic Act (Act 93) of 1996

CHAPTER XII PRESUMPTIONS AND LEGAL PROCEDURE

74A. Act or omission of manager, agent or employee of consignor and consignee

(1) Whenever any manager, agent or employee of a consignor or consignee, as the case may be, does or fails to do anything which, if the consignor or consignee had done or failed to do it, would have constituted an offence in terms of this Act, the consignor or consignee, as the case may be, shall be regarded to have committed the act or omission personally in the absence of evidence indicating-

(a) that he or she did not connive at or permit such act or omission;

(b) that he or she took all reasonable measures to prevent such act or omission; and

(c) that such act or omission did not fall within the scope of the authority of or in the course of the employment of such manager, agent or employee, and be liable to be convicted and sentenced in respect thereof.

 

(2) In the circumstances contemplated in subsection (1) the conviction of the consignor or consignee shall not absolve the manager, agent or employee in question from liability or  criminal prosecution.

[ 74A inserted by s.19 of Act 64/2008]

 

74B. Proof of certain facts

(1) In any prosecution under this Act, a goods declaration or any other document relating to the load of a vehicle and confiscated from such vehicle shall be proof of the matters stated in such document unless credible evidence to the contrary is adduced.

 

(2) A copy of or extract from any document referred to in subsection (1), and certified as a true copy or extract by the officer in whose custody the original document is, shall, unless credible evidence to the contrary is adduced, be admissible as evidence and be proof of the truth of all matters stated in such document without the requirement of having to produce the original document from or of which such extract or copy was made.

[74B inserted by s. 19 of Act 64/2008]

Regulations 72 No. 38142 GOVERNMENT GAZETTE, 31 OCTOBER 2014

 

330A. Offering and acceptance of goods on overloaded vehicle prohibited

(1) A consignor or consignee of goods shall not offer goods or accept goods if the vehicle in which it is transported is not loaded in terms of the provisions for the loading and transportation of goods as prescribed in this Act.

 

(2) A consignor shall require from the operator of the vehicle in which the goods he or she offers for transport and in which the goods will be transported, a written submission as to the payload of such vehicle and the distribution of such load on a vehicle.

 

(3) If a consignor is responsible for the loading of a vehicle of an operator, he or she shall take such steps as are necessary to ensure that the vehicle is loaded as contemplated in subregulation (1) and (2).

 

(4) A consignor or consignee shall not conclude a contract with the operator to transport goods on a vehicle, if the vehicle is overloaded when such load is transported on such vehicle..

 

330B. Consignor to have a method of determining mass

 (1) A consignor shall use a method of establishing the mass of a vehicle and any axle or axle unit of such vehicle that is accurate as to ensure that such vehicle axle or axles are not overloaded in terms of Part IV of Chapter VI.

 

(2) A consignor shall keep a record of the mass of every load transported from his or her premises as contemplated in subregulation (1).

 

(3) The record as contemplated in subregulation (2) shall be put at the disposal of any traffic officer or person appointed as contemplated in section 50 or authorised as contemplated in section 82 of the Act.

 

330C. Goods declaration to be carried on a motor vehicle

 A person operating on a public road a motor vehicle which carries goods shall be in possession of a declaration containing the following information:

(a)   the licence number of each vehicle in the combination of vehicles;

(b)   the nature and quantity of goods transported;

(c)   the contact particulars of the operator or in the case of a combination of vehicles, of every operator the combination of vehicles;

(d) the particulars of the consignor and consignee of the load or in the case of loads collected at and delivered to more than one consignor and consignee, the particulars of every consignor or consignee;

(e) the name, residential and postal address of every natural person or in the case of a juristic person, the responsible director or member, an agent, consignor, consignee or operator listed in the declaration;

(f) the consignor and operator shall conclude a written agreement for the transportation of goods stating-

    (i) the nature of the agreement;

   (ii) the loading instructions; and

  (iii) the responsibilities of the parties.

(g) schedule of insurance as contemplated in regulation 330D.

 

330D. Consignor or Consignee to insure goods to be carried on a motor vehicle and the motor vehicle

 A consignor or consignee of goods shall not transport goods on a public road or accept

goods unless such transportation is fully insured for damages that can occur as a result of an

incident.

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