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Certified ‘D’ – Dangerous Goods drivers aren’t always licensed to carry hazardous product. Too many DG vehicles are running without company name and contact details. This driver has his PrDP ‘D’ and his vehicle complies.

The confusion characterizing the DG arena art present certainly has the makings of a stage-worthy 'comedy of errors'. While transport operators look on aghast at legislative manipulations and oversights, DG trainers work hand-in-hand with transporters and drivers on a daily basis, battling on amidst the tangled red tape rolled out by a government department that looks as befuddled as the rest of us. The question is, how long can the chuckles last? FleetWatch asked Russel Marais, Training and Development Manager at Haztranz Training, to share his thoughts on the impact of new DG legislation.

It is a simple task to put pen to paper and carefully construct insulting and critical comments on any topic. This is not and never will be the intention behind Haztranz' thoughts regarding Dangerous Goods Legislation, or any "Body or Persons", involved in this field. The truth of the matter is however, that although a lot of work and effort has gone into this new legislation, much remains to be done to ensure its smooth, effective and consistent application.

Hot air?
The majority of our clients laugh at what has come to be known as the 'Dangerous Goods circus arena' and the reason for this is simple - talk, talk, and more talk. Where is the effective implementation of new DG legislation? So much has been written regarding this topic, our transport magazines are always offering interesting articles and commentaries by 'experts in the field'. Training Institutions like ourselves, constantly offer our views, opinions and advice. Furthermore, seminars are held annually around the country to lobby with operators and various role players to get this law up and running. 

Sadly, we walk away from these seminars with the same comments from all who attended: "Another year and still we haven't progressed much further, still much confusion and very little hope, and will next year be any different?" The state of current DG legislation really is a Shakespearian question - "to be or not to be".
 

Haztrans’ Allan Nienaber (left) and Russel Marais believe that a concerted effort on the part of the DoT to streamline DG legislation is needed to iron out the confusion and double standards plaguing the compliance process right now.

Frustration and confusion
The issuing of the Operator's Card for dangerous goods vehicles, category "D", has provided great 'amusement' for many of our customers. In one province, the Operator's Card is issued without the vehicle even having gone near the Fire Department for a permit, whilst in another, a customer with a 1400cc ldv transporting rather insignificant products cannot get his vehicle passed at the local Fire Department without major changes and conformities.

With strict requirements regarding the fitment of fire extinguishers on dangerous goods vehicles there is also confusion, with some Local Authorities demanding at least 2 x 9kg dry chemical powder type fire extinguishers to be mounted on all vehicles transporting dangerous goods, irrespective of GVM. There is great confusion with this requirement as well. The authorities need to check the stipulations carefully to overcome the problem where local by-laws allow for Fire Departments to specify certain requirements that could differ from other provinces.
 

Consignors (like fuel companies) need to ensure all vehicles carrying their product comply with DG legislation and deny product to those that don’t. Consignors also need to share some of the ‘environmental insurance cover’ currently shouldered by the transporter.

Drivers need need to have a solid grasp of what Transport Emergency Cards (Trec/Trem) outline as far as safe handling is concerned. More training is definitely required.

Dateless and dumbfounded
There is still no date announced by the Minister with regard to training of drivers of all road tankers and goods vehicles above 3 500kg GVM used to carry DG, to undergo formal DoT approved training courses. In the meantime, SANS 10231 (Clauses 4.2.4 and 4.3.1) requires that operators ensure that drivers are adequately trained. No wonder confusion reigns!

As for the Trem card vs Trec card debate, many people still do not understand how the differences affect them, or how to deal with the recent cancellation of legal obligation for contracts to be drawn up between consignor and operator or relevant parties. Also, a question on everyone's mind is how the DoT intends to implement a system for accredited TREC suppliers. 

The passing into legislation of a second 'document box' or demarcated area for documents no longer in use is troublesome, especially for small vehicle operators whose vehicle don't have space for all these extra 'gadgets'. 
 

Equipping drivers with emergency spill kits not only shows ‘best practice’ management but could well save the operator the costs of an environmental damage claim.

Unfair play
Many consignors simply refuse to give Tremcards to operators and threaten to use alternative transporters if the original operator does not want to get his own Tremcards. To whom does the operator turn to for help? They have to face the music [and get their own Tremcards - Ed].

Prosecution of offenders is not nearly what it should be and the DoT is not making a categorical statement as to the reason why the Dangerous Goods Inspectorate is still not functional.

The other major area of concern is the confusion with regards to the application of many SANS Codes. For example, which one is applicable to which? How does a current amendment impact on existing legislation and/or codes? This is indicative of a serious need for a smoother and more user-friendly method for implementing any legislative changes and communicating these effectively to end users.

These are just a few of the DG transport industry's problems right now. While there are many more issues to discuss, the above are problem areas that simply keep popping up and never seem to come to a conclusion. Let's hope some day "IT WILL BE!"