What are the main issues addressed in Consignor Legislation?

The Consignor legislation came into force on 31 Jan and is based on the following principles. It has been widely recognised and the principle accepted, both by the freight transport industry and the law enforcement authorities, that there is a need, in certain cases, to extend the responsibility of heavy vehicle overloading to the consignor and consignee, who may also benefit from the overloading of freight vehicles. A precedent has already been set with the new dangerous goods legislation.  The NDoT prepared draft consignor/consignee legislation during 2000, which was revised during 2003. It was published in October 2014 as legislation and became effective on 31 Jan 2015 Main issues addressed in legislation Various issues are addressed in the regulations as follows: ·                The proposed regulations will only be applicable to vehicles that carry mass goods (not volume goods);

• A consignor or consignee shall not offer goods nor accept goods if the vehicle in which the goods will be or has been transported is not loaded in accordance with the requirements of the Road Traffic Act;


• Consignors that are responsible for the loading of an operator’s vehicle shall be required to ensure the correct loading of the vehicle;


• A consignor or consignee shall not conclude a contract to transport goods on a vehicle with an operator if the vehicle is overloaded when the load is transported on the vehicle;


• In cases where the tonnage of goods transported exceeds 500 000 kg per month and a consignor shall be required to (i) have a method for establishing the mass of a vehicle and the axles and axle units of the vehicle and (ii) keep records of all loads transported from his or her premises;


• The operator shall carry a goods declaration containing specific information regarding the vehicle/vehicles making up the combination, the operator of the vehicle(s) and the consignor(s) and consignee(s);


• The consignor/consignee and operator shall conclude a written agreement for the transportation of goods.


• The operator shall have insurance against incidents.

Alta Swanepoel & Associates

What are the main issues addressed in Consignor Legislation?

What are the main issues addressed in Consignor Legislation?

The Consignor legislation came into force on 31 Jan and is based on the following principles. It has been widely recognised and the principle accepted, both by the freight transport industry and the law enforcement authorities, that there is a need, in certain cases, to extend the responsibility of heavy vehicle overloading to the consignor and consignee, who may also benefit from the overloading of freight vehicles. A precedent has already been set with the new dangerous goods legislation.  The NDoT prepared draft consignor/consignee legislation during 2000, which was revised during 2003. It was published in October 2014 as legislation and became effective on 31 Jan 2015 Main issues addressed in legislation Various issues are addressed in the regulations as follows: ·                The proposed regulations will only be applicable to vehicles that carry mass goods (not volume goods);

• A consignor or consignee shall not offer goods nor accept goods if the vehicle in which the goods will be or has been transported is not loaded in accordance with the requirements of the Road Traffic Act;


• Consignors that are responsible for the loading of an operator’s vehicle shall be required to ensure the correct loading of the vehicle;


• A consignor or consignee shall not conclude a contract to transport goods on a vehicle with an operator if the vehicle is overloaded when the load is transported on the vehicle;


• In cases where the tonnage of goods transported exceeds 500 000 kg per month and a consignor shall be required to (i) have a method for establishing the mass of a vehicle and the axles and axle units of the vehicle and (ii) keep records of all loads transported from his or her premises;


• The operator shall carry a goods declaration containing specific information regarding the vehicle/vehicles making up the combination, the operator of the vehicle(s) and the consignor(s) and consignee(s);


• The consignor/consignee and operator shall conclude a written agreement for the transportation of goods.


• The operator shall have insurance against incidents.

Alta Swanepoel & Associates

What are the main issues addressed in Consignor Legislation?

Where legislation does not protect bikers common sense has to!

Question:

I am doing additional research of on the bike gear across Africa. I know there are certain regulations for Helmets, Hi-Vis, Personal Protective Equipment, etc. all over the world but are there any countries in Africa that have set in stone regulations? If you hear anything or know any useful resource please let me know. Thank you

Answer:

It is a sad fact that in this country (South Africa) you can ride in the nude as long as you have a helmet on your head. You might however be locked up for indecent in public, but there are no set laws stating which riding gear should be worn and when.

It is only compulsory to wear a helmet when out riding a motorcycle in SA. Other countries in Africa are no different and even more relaxed on this matter.

I quote from our National Road Traffic Act & Regulations of 1996 (very outdated)

207. Compulsory wearing of protective helmet

(1) No person shall drive or be a passenger on a motor cycle, motor tricycle or a motor quadrucycle, or be a passenger in the side-car attached to a motor cycle, on a public road, unless he or she is wearing a protective helmet—

(a) which is specially designed for use in connection with such cycle; and

(b) which fits him or her properly and of which the chin strap is properly fastened under the chin.

(2) After expiry of 3 years from the date of commencement of this regulation, no person shall drive or be a passenger on a pedal cycle on a public road unless he or she is wearing a protective helmet which fits him or her properly and of which the chin straps is properly fastened under the chin.

(3) The driver of a motor cycle, motor tricycle, motor quadrucycle or pedal cycle shall ensure that any passenger in or on such cycle who is younger than 14 years, complies with the provisions of subregulation (1) or (2), as the case may be.

(4) Notwithstanding the provisions of subregulations (1) and (3), the driver and passengers of a motor cycle—

(a) equipped with a seatbelt anchorages that comply with the requirements of standard specification SABS 1430 “Motor vehicle safety – anchorages for restraining devices in motor vehicles”, for the driver and passengers (if any);

(b) the engine of which cannot move unless the driver and passengers (if any), of the motor cycle wears the seatbelt referred to in paragraph (a); and

(c) that complies with the requirements of annex II of the standard specification SABS 1440 “Motor vehicle safety – The steering mechanism of motor vehicles (M1 only) – behaviour on impact, may drive or be passengers on such motor cycle on a public road while not wearing a protective helmet.

By SABS (SA Bureau of Standards) they refer to your D.O.T. and European E.C.E. standards.

This is the only law or regulation on Motorcycle Rider Gear in South Africa. Other guidelines are implemented on local level through motorcycle clubs, safety institutes and riding academies.

I hope this addresses your question.

Regards,

HEIN JONKER | Editor & Chief Instructor

Mobile: 083 7937975 | Office: 031 9038240| Fax: 0866 4898 55

Head Office: Amanzimtoti, KwaZulu Natal

;

Website: www.biketalk.co.za | Blog: www.biketalk.co.za/wp

Where legislation does not protect bikers common sense has to!

Where legislation does not protect bikers common sense has to!

Question:

I am doing additional research of on the bike gear across Africa. I know there are certain regulations for Helmets, Hi-Vis, Personal Protective Equipment, etc. all over the world but are there any countries in Africa that have set in stone regulations? If you hear anything or know any useful resource please let me know. Thank you

Answer:

It is a sad fact that in this country (South Africa) you can ride in the nude as long as you have a helmet on your head. You might however be locked up for indecent in public, but there are no set laws stating which riding gear should be worn and when.

It is only compulsory to wear a helmet when out riding a motorcycle in SA. Other countries in Africa are no different and even more relaxed on this matter.

I quote from our National Road Traffic Act & Regulations of 1996 (very outdated)

207. Compulsory wearing of protective helmet

(1) No person shall drive or be a passenger on a motor cycle, motor tricycle or a motor quadrucycle, or be a passenger in the side-car attached to a motor cycle, on a public road, unless he or she is wearing a protective helmet—

(a) which is specially designed for use in connection with such cycle; and

(b) which fits him or her properly and of which the chin strap is properly fastened under the chin.

(2) After expiry of 3 years from the date of commencement of this regulation, no person shall drive or be a passenger on a pedal cycle on a public road unless he or she is wearing a protective helmet which fits him or her properly and of which the chin straps is properly fastened under the chin.

(3) The driver of a motor cycle, motor tricycle, motor quadrucycle or pedal cycle shall ensure that any passenger in or on such cycle who is younger than 14 years, complies with the provisions of subregulation (1) or (2), as the case may be.

(4) Notwithstanding the provisions of subregulations (1) and (3), the driver and passengers of a motor cycle—

(a) equipped with a seatbelt anchorages that comply with the requirements of standard specification SABS 1430 “Motor vehicle safety – anchorages for restraining devices in motor vehicles”, for the driver and passengers (if any);

(b) the engine of which cannot move unless the driver and passengers (if any), of the motor cycle wears the seatbelt referred to in paragraph (a); and

(c) that complies with the requirements of annex II of the standard specification SABS 1440 “Motor vehicle safety – The steering mechanism of motor vehicles (M1 only) – behaviour on impact, may drive or be passengers on such motor cycle on a public road while not wearing a protective helmet.

By SABS (SA Bureau of Standards) they refer to your D.O.T. and European E.C.E. standards.

This is the only law or regulation on Motorcycle Rider Gear in South Africa. Other guidelines are implemented on local level through motorcycle clubs, safety institutes and riding academies.

I hope this addresses your question.

Regards,

HEIN JONKER | Editor & Chief Instructor

Mobile: 083 7937975 | Office: 031 9038240| Fax: 0866 4898 55

Head Office: Amanzimtoti, KwaZulu Natal

;

Website: www.biketalk.co.za | Blog: www.biketalk.co.za/wp

Where legislation does not protect bikers common sense has to!

How will new legislation address the issue of parking license disks for the disabled?

Question:

My sister has contacted the local municipality responsible for issuing Disabled License Discs.This is a renewal not a new application, she was told that they would have to print the registration of her vehicle on the disc, and they are not allowed to issue more than one disc per person for any other vehicles.

This makes absolutely no sense, because that confines her to the use of only one vehicle. She owns 3. She also works in an environment which requires her to use different pool vehicles at any given time.

Please advise as there must be a way to resolve this because it is not practical or helpful to her situation.

Answer:

Reg 305A to D will hopefully address the matter once it is implemented.Parking for person with disability

305A.     A person—

(a)          whose mobility is severely impaired by a chronic neurological or physiological condition; or

(b)          whose mobility is temporarily but severely impaired,

may apply to a MEC of the province concerned to be exempt from any provisions relating to the parking of motor vehicles in the area of jurisdiction of any local authorities in that Province.

;

Application for parking exemption

1. (1)              For the purposes of this part, “occupational health practitioner” means an occupational medical practitioner or a person who holds a qualification in occupational health recognised as such by the Health Professions Council of South Africa as referred to in the Health Professions Act, 1974 (Act No. 56 of 1974).

(2)           An application for exemption from the provisions relating to parking shall be made on form AEP as shown in schedule 2 and shall be accompanied by-

(a)          acceptable identification of the applicant;

(b)          the appropriate fees as determined by the Minister; and

(c)           form AEP as shown in schedule 2, completed by an occupational health practitioner, stating the disability of the applicant.

;

Issue of parking exemption certificate

305C.     (1)         On receipt of the application referred to in regulation 305A the local authority shall satisfy itself that the application is in order and may issue an exemption certificate on form ECP as shown in schedule 2, to the applicant.

(2)           The holder of an exemption certificate referred to in subregulation (1) shall display such certificate-

(a)           if the motor vehicle is fitted with transparent windscreen, in a transparent protection holder, in an upright position on the inside of the windscreen in such a manner that the print on the face of the exemption certificate is clearly legible from the outside to a person standing in front or to the left front of such vehicle;

(b)          if the motor vehicle is not fitted with a transparent windscreen, in a conspicuous position on the left front side of such motor vehicle in such a manner that the print on the face of such certificate is legible from that side’ or

(c)           if such exemption certificate is required to be displayed on a motor vehicle in a position where it is exposed to the weather, such certificate shall be protected by affixing it to the inside of the transparent front of a durable watertight holder.

;

Period of validity for the parking exemption

1.      An exemption granted in terms of section 80 of the Act is valid for-

(a)          an undetermined period where the mobility of the applicant is permanently impaired; or

(b)         a period as recommended by the occupation health practitioner referred to in regulation 305B where the mobility of the applicant is temporarily impaired: Provided that the period for a temporary exemption shall not exceed 12 months.

• Inserted by r. 71 of GNR 846 of 31 October 2014 w.e.f a date to be determined by the Minister

;

;

How will new legislation address the issue of parking license disks for the disabled?

How will new legislation address the issue of parking license disks for the disabled?

Question:

My sister has contacted the local municipality responsible for issuing Disabled License Discs.This is a renewal not a new application, she was told that they would have to print the registration of her vehicle on the disc, and they are not allowed to issue more than one disc per person for any other vehicles.

This makes absolutely no sense, because that confines her to the use of only one vehicle. She owns 3. She also works in an environment which requires her to use different pool vehicles at any given time.

Please advise as there must be a way to resolve this because it is not practical or helpful to her situation.

Answer:

Reg 305A to D will hopefully address the matter once it is implemented.Parking for person with disability

305A.     A person—

(a)          whose mobility is severely impaired by a chronic neurological or physiological condition; or

(b)          whose mobility is temporarily but severely impaired,

may apply to a MEC of the province concerned to be exempt from any provisions relating to the parking of motor vehicles in the area of jurisdiction of any local authorities in that Province.

;

Application for parking exemption

1. (1)              For the purposes of this part, “occupational health practitioner” means an occupational medical practitioner or a person who holds a qualification in occupational health recognised as such by the Health Professions Council of South Africa as referred to in the Health Professions Act, 1974 (Act No. 56 of 1974).

(2)           An application for exemption from the provisions relating to parking shall be made on form AEP as shown in schedule 2 and shall be accompanied by-

(a)          acceptable identification of the applicant;

(b)          the appropriate fees as determined by the Minister; and

(c)           form AEP as shown in schedule 2, completed by an occupational health practitioner, stating the disability of the applicant.

;

Issue of parking exemption certificate

305C.     (1)         On receipt of the application referred to in regulation 305A the local authority shall satisfy itself that the application is in order and may issue an exemption certificate on form ECP as shown in schedule 2, to the applicant.

(2)           The holder of an exemption certificate referred to in subregulation (1) shall display such certificate-

(a)           if the motor vehicle is fitted with transparent windscreen, in a transparent protection holder, in an upright position on the inside of the windscreen in such a manner that the print on the face of the exemption certificate is clearly legible from the outside to a person standing in front or to the left front of such vehicle;

(b)          if the motor vehicle is not fitted with a transparent windscreen, in a conspicuous position on the left front side of such motor vehicle in such a manner that the print on the face of such certificate is legible from that side’ or

(c)           if such exemption certificate is required to be displayed on a motor vehicle in a position where it is exposed to the weather, such certificate shall be protected by affixing it to the inside of the transparent front of a durable watertight holder.

;

Period of validity for the parking exemption

1.      An exemption granted in terms of section 80 of the Act is valid for-

(a)          an undetermined period where the mobility of the applicant is permanently impaired; or

(b)         a period as recommended by the occupation health practitioner referred to in regulation 305B where the mobility of the applicant is temporarily impaired: Provided that the period for a temporary exemption shall not exceed 12 months.

• Inserted by r. 71 of GNR 846 of 31 October 2014 w.e.f a date to be determined by the Minister

;

;

How will new legislation address the issue of parking license disks for the disabled?

Ridesharing Insurance Legislation Advances In California

A bill that would impose insurance coverage needs on ridesharing organizations in California passed a state Senate committee 9-1 on Wednesday, even though with somewhat reduce charges to the industry than previously written into the bill.

Companies such as Lyft, Sidecar and UberX, which is a portion of black-car service Uber, let passengers to summon paid rides using apps on their smartphones and have gained in recognition in dozens of U.S. cities more than the past couple of years.

But they face opposition from taxi organizations which argue the upstarts do not face the stringent regulation they do, and insurance businesses want ridesharing drivers to carry more high-priced insurance coverage policies.

The bill, AB 2239, would require ridesharing companies’ insurance coverage to cover drivers from the moment they turn on their app, not just from when they accept a ride on their app. The version the insurance committee authorized on Wednesday calls for $ 750,000 worth of insurance coverage coverage in such instances, down from $ 1 million in the prior draft.

The Home Casualty Insurers Association of America, the Private Insurance Federation of California, the American Insurance coverage Association, the National Association of Mutual Insurance Organizations and a couple of other associations have argued that anytime a ridesharing provider has open a smartphone app and is prepared to accept rides that a TNC’s industrial coverage should be in play.

The bill, which has currently been approved by the State Assembly, must still get by means of the appropriations committee and then the full Senate just before becoming law. The very same fate awaits a related bill that would demand drug and alcohol tests for ridesharing drivers.

The move to dictate far more substantial coverage stems from a New Year’s Eve incident in San Francisco when an UberX driver killed a kid although his app was on, but just before he had accepted a ride.

Ridesharing firms say the stepped-up insurance coverage needs are not fair since they could potentially leave them liable for hours of driving time when a driver has an app turned on but does not accept rides.

Separately, the California Public Utilities Commission, which is looking for to regulate ridesharing in the state, has scheduled a July 10 hearing for its own proposed guidelines. Those rules would also call for the ridesharing companies’ insurance coverage kick in from the time drivers turn on their apps.

In New Mexico, the state Public Regulations Commission voted 3-2 on Wednesday to deny Uber’s application for a short-term operating permit, Arthur Bishop, a spokesman for the commission, stated in an e mail. The commission also voted unanimously to think about amending its guidelines to contain provisions for ridesharing services, he stated.

(Reporting by Sarah McBride Additional reporting by Alex Dobuzinskis Editing by Mohammad Zargham)

Copyright 2014 Reuters. Click for restrictions.

Ridesharing Insurance Legislation Advances In California

Did you know a person who drives a herd is seen as the driver of a vehicle in road legislation?

Question:

Could you advise me on the Regulations towards owners of cattle been herded across roads? I have looked at the Road Traffic Department’;s chapter 10 which refers to animals on the public roads. What I am looking for is the safety measures that must be in place when taking animals across roads, ie.

Flags Lights etc. I would need info that is perhaps lawfully applicable to the owners and that ignoring these laws can lead to prosecution.

Thank you

Answer:

The person who drives a herd is seen as the driver of a vehicle:

 “driver” means any person who drives or attempts to drive any vehicle or who rides or attempts to ride any pedal cycle or who leads any draught, pack or saddle animal or herd or flock of animals, and “drive” or any like word has a corresponding meaning;

The rules are”:

Animal on public road

Reg 313.               (1)          Subject to the provisions of subregulation (2), no

person shall leave or allow any bovine animal, horse, ass, mule, sheep, goat, pig or ostrich to be on any section of a public road where that section is fenced or in any other manner closed along both sides, and no person shall leave such animal in a place from where it may stray onto such section of a public road.

(2)          The provisions of subregulation (1) shall not apply—

(a)          to any animal which is being ridden or is being used to draw a vehicle along a public road; or

(b)          to any animal which is being driven from one place to another in such manner as not to constitute a source of danger or injury to any person or vehicle using such road.

(3)          In any prosecution for a contravention of subregulation (1), it shall, in the absence of evidence to the contrary, be presumed that any animal referred to in subregulation (1) was left or allowed to be on the section of the public road or place concerned by the owner of such animal, and a section of a public road shall be regarded as fenced or enclosed along both sides even though there is an opening providing access to such road in the fence or other enclosure.

(4)          No person shall drive any animal referred to in subregulation (1)—

(a)          along a public road during the period from sunset to sunrise, unless

a person carrying a red light visible in clear weather for a distance of at least 150 metres tends such an animal or, in the case of a flock or herd of more than 10 animals, a person tending such animals and carrying a light as aforesaid precedes and another such person carrying a light as aforesaid follows such animals; or

(b)          along a public road during any other period, unless a person displaying in a conspicuous manner a red cloth, of not less than 300 millimetres by 300 millimetres, tends such animal or, in the case of a flock or herd of more than 10 animals, a person tending such animals and displaying a cloth as aforesaid precedes and another such person displaying a cloth as aforesaid follows such animals.

(5)          A person in charge of an animal on a public road shall tend the animal in such a manner as not to constitute an obstruction or danger to other traffic.

(6)          A traffic officer may take charge of any animal referred to in

subregulation (1) on a public road or take such steps in respect of the animal as determined by the MEC of the province concerned.

;

Regards

;

Alta

Alta Swanepoel & Associates

Did you know a person who drives a herd is seen as the driver of a vehicle in road legislation?

Illinois Senate Passes Ride Share Legislation

The Illinois Senate this week passed legislation requiring app-based ridesharing companies’ major insurance be in influence the complete time the app is turned on.

Residence Bill 4075 passed 46 to 8 and establishes regulations for transportation ne2rk companies that are equivalent to those that apply to other similar industrial driving activities.

In addition to requiring background checks on drivers, car inspections, and chauffeur licenses for drivers who operate a lot more than 18 hours a week, the bill clarifies an essential insurance coverage coverage question by establishing that the TNC firms’ industrial insurance coverage is main and that it is in effect the complete time a driver’s app is on and is accessible to accept a ride or has a passenger.

“This legislation is a optimistic step forward and sets a affordable regular to make sure that the public is protected if there is an accident while enabling this revolutionary new market to continue to develop,” stated Jeffrey Junkas, regional manager the Property Casualty Insurers Association of America, which has been speaking out for insurance regulations on TNCs.

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Illinois Senate Passes Ride Share Legislation