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The consequences of poor performance and repeat offenders in Road Traffic Enforcement in both the freight and passenger industries

In the last edition of FleetWatch, we published a presentation by Max Braun given at the Road Transport Legislation Workshops hosted by Alta Swanepoel & Associates. The presentation - on Effective Traffic Law Enforcement - was a joint one by Braun and John Schnell, manager, Road Traffic Inspectorate of KwaZulu-Natal with Braun concentrating on the 'cause' and Schell the 'consequences'. Space prohibited the publishing of Schnell's presentation which ran under the overall heading of 'the consequences of poor performance and repeat offenders in Road Traffic Enforcement in both the Freight and Passenger Industries'. We promised that we would feature it in our July edition. Here it is. To read the two in conjunction with each other, readers can access the first article from our June edition by visiting our website at www.fleetwatch.co.za. It is titled 'R5,747-billion knock on costs to SA'.
 

John Schnell tell it as it is, recognising Government and operator faults.

The coming into being of the Road Traffic Act 29 of 1989 and subsequently the launch of Act 93 of 1996 along with the stop/start implementation of the National Land Transport Transition Act (NLTTA) and the delays in the coming into operation of the Road Traffic Management Corporation Act (RTMC) has, over the past ten years or so, generally left road traffic enforcement in a dysfunctional mess. It has only been in the past six months or so that some semblance of re-energising and re-centralising has occurred with regards to legislation and policy under the RTMC.

Despite these drawbacks, traffic enforcement has managed to survive and in some cases, thrive. However, the road accident fatality and injury has climbed steadily upwards over the past four years, along with an increase in the overall vehicle population by more than one million vehicles from January 2000 to December 2005.

The relative stagnation in legislative amendments and legislative reviews to refresh legislation in keeping with current events and practices - including illegal practices - has continued to hamper effective and efficient enforcement. In principle, enforcement and therefore legislation should be a deterrent and not only be reactive to events or trends.

The robust South African economy is clearly now in a position for profit taking, in particular in the freight and manufacturing industries. The increased volumes in road freight transport are witness to this development as are the import and export markets in the main through our ports and in particular, Durban.
 

Policing  Each law enforcement  officer is authorised  to exercise  considerable powers  derived from the Road  Traffic Act, NLTTA  and various other  pieces of legislation

Overloading
Editor's Note: Some of what Schnell said on the issue of overloading is carried in the article 'Grace under Pressure' starting on page 16 of this edition but it is worth repeating here to put it into the context of his speech.

During 2005, 186 488 vehicles were weighed at the KwaZulu-Natal Department's weighbridges of which 40 899 (22%) were overloaded and 9 118 (5%) charged. Of these, 143 575 (77%) were weighed on the N3 Corridor, 30 091 (21%) were overloaded and 6 042 (4%) charged. The number of vehicles weighed during 2005 represents an increase of 75% compared with the 106 619 vehicles weighed during 2004. The number of vehicles overloaded increased by 61% from 25 432 to 40 899 and the number of vehicles charged increased by 48% from 6 166 during 2004 to 9 118 during 2005.

The most frequent offenders (transport operators) identified during 2005 included Pro Africa Trucking, Freightpak, Star Wheels, Reclamation Group, Crafcor Farming, OJ Transport, Timber 24, Unitrans Sugar & Agriculture, FST Transport and Forest Services. These companies are clearly disregarding the Road Traffic Act with respect to the mass regulations and continue to implement policies of deliberate overloading. As in previous years, it is recommended that the CEO's of the most frequent offenders be approached by the Department with a view to taking serious actions if their overloading practices continue.

The highest overload was 30 100 kg by the company Galaxy Liners carrying general cargo. The vehicle was weighed at the Mkondeni weighbridge on the N3. The second highest overload was by the company Tineo Enterprises with a 29 460 kg overload. The vehicle was transporting chemicals and was weighed at the Westmead weighbridge.

It is significant to note that although the number of heavy vehicles passing the weighbridge facilities increased by an average of 10% from 2004 to 2005, the estimated number of overloaded heavy vehicles passing the same sites only increased by 1.8%. This represents a reversal in the pattern from 2003 to 2004 where the number of heavy vehicles passing the weighbridge sites increased by an average of 12% and the number of overloaded heavy vehicles increased by an average of 28% during the same period.

There has also been a slight decrease in the average extent of overloading on the N3 Corridor from approximately 17% in 2004 to 16% in 2005. This compares with a value of 15% in 2003 and between 10 and 12% during 2002.

Despite the above concerns, it is significant to note that the distribution of overloading in the province has continued to change in a positive direction. Since 1996, there has been a sharp increase in the percentage of overloaded vehicles that are marginally overloaded (0 to 2 tons) and a general decrease in the percentage of overloaded vehicles that are moderately or severely overloaded (more than 3 tons).

The past twelve months have shown a slight increase in the 1 to 2 ton category and in the 5 to 10 tons category. This trend is also apparent in the increase in the percentage of overloaded vehicles that fall within the 5 percent tolerance. Prior to 1990, less than 10% of the overloaded vehicles fell within the 5% tolerance whereas during 2005, 76% of the overloaded vehicles were less than 5% overloaded.

The percentage of overloaded vehicles that are loaded to within the 5% tolerance limits has stabilised to between 70 and 80% during the past five years. This trend indicates that the 5% tolerance is being utilised by many operators to maximise vehicle payloads. These tolerance limits were reviewed as part of the National Overload Control Strategy. 

Based on the recommendations of the results of a national weighbridge survey conducted at the end of 2002, a recommendation was made by the NOCTC to reduce the tolerance on permissible vehicle and combination mass to 2%. This recommendation was been approved by COTO and the National Prosecuting Authority and implementation has now taken place.

The policy amendment effective 15th June 2006 is as follows: 
* 5% on the permissible maximum axle-unit mass loads, as referred to in Regulations 234 and 235 and on the minimum steering axle mass loads as referred to in Regulation 242 of the Road Traffic Regulations 2000; and
* 2% on the permissible maximum vehicle and combination mass loads as referred to in Regulations 236 and 237, and the maximum mass allowed on a group of axles in terms of Regulation 241 (bridge formula) of the Road Traffic Regulations, 2000. 

Editor's Note: We notified operators in our June edition of this and that the start date for the new tolerance was 15 June 2006. As from this date, the revised tolerances have been applied and overloaded vehicles are being parked off to allow for the loads to be adjusted to permissible (no grace) and prosecutions are being initiated. Contractors in long term contracts which might have included use of the 5% previously allowed ought to rethink conditions and prices. 

Adversarial relationships
Frequent offenders and fly by night operators who conduct business in an adversarial environment with law enforcement agencies land up being the target of special attention, often with disastrous results.

Each law enforcement officer is authorised to exercise considerable powers derived from the Road Traffic Act, NLTTA and various other pieces of legislation. In most cases, the legislation is written in such a way that the offence, once clearly identified, is prosecutable. The law enforcement officer has no discretionary powers.

None of the considerable RTAct powers have been constitutionally challenged. Thus, as in raids recently held at the depots of bus operators, these powers were used to very good effect.

In terms of our observations on the road, size is not everything. Reputation and reliability are and I strongly believe that the above statement is true in every respect. There is room for a smaller efficient operator/operation to flourish in this industry if there is hands-on supervision and accountability.

The Critical Link: Driver and his PrDP
Drivers in this industry require Professional Driving Permits either for goods, passengers - or both - and for Dangerous Goods. Presently, PrDPs are administratively renewed every two years and require a clearance issued by the South African Police Services. In terms of Regulation 118 RTAct 93 of 1996, a number of pre-conditions are set for renewal and application for a PrDP.

Note that the first application and subsequent renewals are only administrative and no practical assessment of driving skills is made by the licensing authority! I must also point out that with the 24 month renewal period comes other pitfalls. A driver on the slippery slope can accumulate several offences during this period and these will be taken into consideration for the purpose of renewal. Reckless driving and/or drunken driving convictions will prohibit the permit from being renewed.

However, the time elapsed may well be 20 months since the incident and 15 months since conviction but there is no immediate intervention to suspend/cancel professional driving permits by the Courts or administratively by the Licencing Authority. The consequence of this is delayed justice and the continued deployment of the affected driver until the renewal application is denied.

Such a conviction precludes the renewal of a PrDP for a period of five years. You would be surprised just how many such cases there are and to what extent, understandably, the applicant will go to in terms of appeals.
 

Driving offenses, reckless and/or drunken driving will prohibit a permit from being reviewed

Private vehicle test stations and drivers licence test centres
The examination of applicants for learners' licences and driving licences has historically been a fractured and diverse approach which is different in every province and with the coming into being of the Metro Cities, different and diverse even within these structures.

The much heralded legislative opportunity to create private vehicle test stations was fatally flawed in that despite the payment of a levy to SABS as it then was, no meaningful structure or inspectorate was created to undertake quality checks of the vehicles certified as roadworthy. Rather limited paper checks and audits were haphazardly conducted on processes.

The consequence has been wholesale fraud and corruption in the private vehicle industry which has directly or indirectly led to the death countrywide of thousands of people - mostly in public passenger vehicles. Nearly every major bus accident has featured major mechanical defects on the vehicles yet the CRW is fresh - or only a few months old. Nearly every major minibus taxi accident has many similar circumstances.

Generally, in our country as a whole, there seems to be a serious decline in the certification of qualified mechanics. This seems to be evident in the bus and heavy motor vehicle fields. The spin off is that in the ranks of motor vehicle examiners (inspectors) - private or local authority - there are few, if any, mechanics employed as heavy vehicle examiners.

It is thus possible for a slow speed city bus with an SABS approved braking system to be redeployed at the end of its first economic life to a long distance operator - or even a country district's operator - where an enhanced braking system would be appropriate as required by SABS, without the local vehicle examiner having knowledge of this vital safety factor.

The consequence of all this is more and more passenger bus accidents and a lower standard of specialist vehicle CRW testing/certification.

The following extract from the publication Multiple Transport Solutions, illustrates the number of vehicles undergoing private CRW testing in just one franchise. The heading was 'Private Roadworthy Centres Thrive' and quotes Imperial Leasing's CEO Walter Hill.
 

Mechanic shortage There is a serious decline of qualified mechanics. This seems to be evident in the bus and heavy motor vehicle fields.

Transport managers operating reliable fleets throughout the country are increasingly relying on roadworthy and vehicle inspection centres to ensure that vehicles are in good condition and meet legal and operator requirements.

The current number of vehicle roadworthy inspections in South Africa is estimated at 1.8 million per annum and new vehicle sales which are expected to exceed 600 000 units per annum constitutes a massive boost to the used-vehicle market and the business of roadworthy inspections. 

Safe Drive, a franchise chain of roadworthy and vehicle inspection centres, will account for one in six such tests - proving the industry's growing reach in the market. The market has grown exponentially since tests were no longer required to be performed by the provincial and municipal testing centres.

If there is something the mechanics miss when a vehicle goes for roadworthy tests, the centre picks it up immediately. High quality testing equipment is used and as a fleet owner, I rest assured knowing that safety aspects such as a truck's brakes and lights are working properly if the vehicle has passed the inspection.

The provincial authorities testing stations used to operate only during certain hours and service delivery was not always as expected. Safe Drive caters for both light and heavy vehicles through its national network of 33 franchised outlets that currently inspect and verify over 25 000 vehicles per month.

Safe Drive will be part of the Imperial Leasing and Fleet Management Division that owns and manages 32 000 vehicles in South Africa.

RTQS and driving hours 
Straight to the point, the failure of RTQS to fly and the lack of proper enforceable driving hours set out in the RTAct are major contributors to unsafe conditions on our roads and are directly responsible for the late night/early morning heavy motor vehicle accidents on our major and national roads. This aspect, driving hours, needs a rational rethink in conjunction with proper truck stops for drivers and crews.