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An overview of  factors hampering the efficient administration and enforcement of road transport legislation and what it's all costing the country and industry

At the recent Road Transport Legislation Workshops hosted by Alta Swanepoel & Associates, Max Braun, an independent transport management, distribution and logistics consultant and John Schnell, manager of the Road Traffic Inspectorate of KwaZulu-Natal, linked hands to give a most interesting joint presentation on Effective Traffic Law Enforcement. The overall theme of their presentation was 'Cause and Consequence' with Braun focussing on cause and Schnell on the consequences. Four issues were highlighted by the presenters for discussion. They were: Overloading and related issues; Vehicle fitness and related matters including vehicle test stations and roadside roadworthy inspection; Driving licences and Driving hours; and Transport (traffic) law enforcement agencies. The presenters set out to identify and discuss how some aspects of administration and enforcement of road transport legislation can provide ongoing cost improvements if it be better managed. 

FleetWatch reproduces the first part of the presentation by Max Braun here for the benefit of all our readers as it brings into focus some pertinent points that affect all in the industry. Due to space constraints, Schnell's input will be featured in our next edition.

Procrastination on the part of the National Department of Transport (NDoT) to implement AARTO, the Road Traffic Management Corporation Act (RTMC) and other relevant road traffic amendments that have long been approved, continue to impose huge operating cost penalties on road transport - both passenger and freight. In addition, a lack of capacity at national, provincial and local levels is causing lengthy delays in coping with fundamental administration procedures that continue to frustrate road transport operations by adding unnecessary cost to road transport's 75% share of the national logistics bill, currently standing at around R180-billion rand a year.

On its own, better administration and enforcement of road transport legislation will not solve many of road transport's problems unless it is strongly supported by widespread and consistent commitment to self-regulation on the part of all freight and passenger transport operators, regardless of size or purpose. The positive differences could include:

• Review, update and simplification of administrative procedures.

• Institute ongoing operating cost improvements that will flow from nationwide consistent and predictable enforcement.

• Intermodal cooperation that leads to modal optimisation rather than implementing forced modal switches.

• Create broader perspectives to improve the national logistics system by making a meaningful contribution to enhance supply chain efficiency.

Following the publication of the CSIR's National Logistics Survey, there has been considerable debate about the high cost of road transport. The State President and the Minister of Transport are on record as saying the imbalance in favour or road transport must be addressed even if it means government intervention. This implies some form of re-regulation is being considered at the highest levels. Do we need a forced modal switch? I think not.

I have chosen a few simple and conservative - but by necessity hypothetical - examples to illustrate the level of "knock-on" costs the country absorbs and will continue to do so until road traffic regulations are properly administered, effectively enforced and supported by a committed and disciplined road transport industry.
 

Left and right: Between January 2000 and December 2005, the number of vehicles on the country’s roads increased by more than a million vehicles. In the last year alone - from January 2004 to December 2005 - the national vehicle parc increased by 492 000 vehicles and this year we can expect to add another 730 000 plus. Over the same period, the appointment of additional provincial and local traffic officers has not kept pace. Nor has the training of traffic officers kept pace.

Overloading not only causes premature damage to roads to the tune of some R1-billion per year but also eats into the profits of each and every transporter by adding to a vehicle’s operating costs. History confirms that habitual over-loaders over-trade and are not long term survivors. When unchallenged, they destroy more than the reputation of the industry. The message is clear: Don’t Overload.

Overloading and related issues
For at least the past 50 years, the government of the day has not succeeded in gaining proper control over the problem of overloading trucks and buses. If we go back to the introduction of the 56-ton maximum GCM and the infamous and frequently abused 5% tolerance, we need to consider a few facts:

• It took more than 10 years before sufficient weighbridges were in place to act as a meaningful deterrent - and then not in all provinces or on all routes. Thanks to the toll road operators, a measure of real urgency has been brought to bear on the problem.

• The demand for road freight transport has expanded exponentially, this partly due to Spoornet's demise as a credible general freight hauler and partly due to the rapid and generally unexpected growth of the South African economy. (Ed's Note: John Schnell pointed out that since de facto deregulation in the late 1980s, thousands of railway police that were used to police overloading and fly-by-night operators have been withdrawn).

• Between January 2000 and December 2005, the number of vehicles on the country's roads increased by more than a million vehicles. This excludes the cross-border vehicles that are travelling in and out of the country daily (from January 2004 to December 2005, the national vehicle parc increased by 492 000 vehicles). This year we can expect to add another 730 000 plus.

• Over the same period, the appointment of additional provincial and local traffic officers did not kept pace. Nor has the training of traffic officers kept pace.

Weighbridges It took more than 10 years before sufficient weighbridges were in place to act as a meaningful deterrent

The full extent of the costs that arise out of inconsistent and ineffective enforcement to curb the overloading of vehicles is difficult to quantify. These unwelcome costs impact many aspects of road transport and the economy as a whole.

• Premature destruction of national, regional and local roads. According to Dr Martin Slavik of BKS Advantech, the amount attributable to overloading has not been thoroughly surveyed since the 1980s and is probably around R1-billion a year. CSIR's Paul Nordengen says not all roads are surveyed due to the high cost in time and money. He subscribes to an annual cost of R1-billion.

• Assume damaged roads add to vehicle operating costs a conservative additional maintenance cost of 5 cents per kilometre (CPK), an additional 1 CPK to tyres and another 5 CPK to fuel. This gives a total added cost of 11 CPK. When measured against just 90 000 heavy vehicles (approximately 35% of total trucks with a gross mass above 3500 kg) travelling an average of 100 000 km a year, this equates to an astronomical R990-million a year. (see Table 1).

• Increased operating costs distort freight rates and passenger fares to the detriment of compliant operators, especially newcomers.

• State coffers and all taxpayers are burdened. These huge unbudgeted costs destroy the viability of an untold number of established operators and newcomers to the industry.

Recommendations

• The RTMC should reassess its published functional areas and include road traffic law enforcement in its initial functional areas rather than relegating it to something as nebulous as addressing this vitally important area "at a later stage on a convenient date".

• Equally urgent is the need to finalise, promulgate and implement the amendment that makes consignors (shippers) equally responsible for the safe and legal loading of vehicles, including passenger buses of all sizes and purposes.

• Establish compulsory training programmes to ensure all traffic personnel have a proper understanding of the regulations applicable to mass and dimensions, vehicle configuration and other relevant factors necessary to achieve an agreed level of competency. Where necessary, co-opt competent private sector people to establish and entrench the standards and a practical approach to inspecting and assessing vehicles for compliance.

• Increase fines, impound vehicles operating illegally, suspend and withdraw operator cards to bring habitual, negligent and irresponsible operators to book. Making it expensive and inconvenient will have a dramatic impact on many of the culprits.

• History confirms that habitual over-loaders over-trade and are not longterm survivors. When unchallenged, they destroy more than the reputation of the industry.

Vehicle fitness, test stations, on-road roadworthy inspections and weighbridges
There are widespread concerns for safety, inconvenience and costs around these aspects of traffic law administration and enforcement. The brief summary that follows illustrates a cross-section of the views expressed by those surveyed specifically for this presentation:

• "Roads must be patrolled 24-hours a day. Most accidents and serious non-compliance takes place after dark".

• "Lights, brakes and other safety items are not checked at night".

• A recent "brake check" initiated by FleetWatch Magazine, Wabco and ACSA-Mag revealed that 90% of the vehicles and 70% of the trailers inspected failed the test (results published in FleetWatch, February 2006 edition).

• Traffic personnel do not put enough emphasis on monitoring driver fatigue, alcohol and substance abuse.

• Vehicle Test Stations (VTS) are not up to standard. SANS is failing to audit and sanction where lack of compliance with testing standards is evident.

• Too many unfit vehicles are on the road due to sub-standard vehicle testing and maintenance.

• Lack of uniformity in applying the law - national abnormal load permits not acceptable in all provinces. This leads to impounding, fines and temporary permits and time consuming efforts to resolve such events.

• Weighing vehicles along a national route results in long delays, disputes, erroneous fines, wasted time having fines withdrawn, etc. This and other problems around gross mass leads to under-loading.

Destruction of roads The damage to roads annually due to overloading is estimated at R1-billion a year

Under-loading is expensive
Overloading is always in the spotlight but seldom is the issue of under-loading brought up. The fact is that under-loading a vehicle is very expensive for operators, shippers and consumers. This is illustrated in Table 2 via a hypothetical example based on seven-axle interlinks assuming a gross mass at 56 000 kg. 

The recent spate of tragic bus accidents that took the lives of many people - including children and babies - and the astronomical number of accidents, fatal or otherwise, over holiday peak periods should be enough to tell every South African that we need to manage traffic, drivers and vehicle owners more effectively. Some figures extracted from the "Arrive Alive" website based on 2004 data reveals the shocking facts when all accident and incident costs are accounted for. See Table 3: 

Unroadworthy vehicles
Far too many buses on our roads are significantly under-maintained and are not roadworthy. The same applies to a notable percentage of freight vehicles which are geriatric and in a similar condition. The forensic investigation into the Wepener bus accident that took place in December 2005, killing 20 passengers says it all: "Registration, engine and chassis numbers on the vehicle, number plate, operator's card and the NaTis system, differ".

Sketchy and conflicting information suggests this 32-year old vehicle was not roadworthy and had an accident history. The vehicle test station recorded it as not roadworthy while NaTis said it was? No maintenance records have been produced. The driver disappeared. No one seems to know if he holds a PrDP licence. The SAPS failed to detain him pending the "on scene" investigation. The bus was overloaded. The brake cams were so far out of adjustment that the vehicle was difficult to control especially when driven at high speed - which apparently it was.

Question: Has the owner/operator been apprehended? Have the operator cards been suspended pending further investigation? Similar questions can be asked about the Kloof street and other serious accidents.

Recommendations
With a view to reducing accidents, incidents and the humungous costs attached to such events:

• Persuade RTMC to revisit and reassess its priorities. Vehicle roadworthy testing, testing licensed drivers and implementing AARTO should be implemented as soon as possible and not relegated to some future date when it is convenient.

• SABS must be brought up to speed so that all Vehicle Test Stations will be visited and properly audited at least once a year.

• All vehicles with a GVM above 3500kgs must be subject to a roadworthy test every six months. A year is clearly too long.

• Validity of the CRW be reduced from six months to say two months. This is urgently needed to curb the unintended extension of a CRW to an effective 17 months.

• The domicile rule to apply - all vehicles must be tested where the operator is domiciled.

• Only VTS compliant with SABS 0216 be permitted to undertake periodic vehicle tests.

• A full-time, competent SABS or DoT person be employed at all accredited and licensed VTS.

• VTS be encouraged to join credible industry organisations or groups with a view to improving and maintaining standards and gaining access to improving technology, skills, knowledge and competence.

• Mandate forensic investigations including the impounding of vehicles involved in accidents and incidents that result in death, serious injury and significant damage to property

• Suspend and/or cancel operator cards in cases of negligent or irresponsible disregard for the RTA. Amend the RTA to permit the confiscation of vehicles where justified.

How can this be achieved?

• Make use of experienced and competent transport engineers and specialists on short-term contracts to assist the SABS, the NDoT as well as provincial and local authorities to craft, implement and assess the various procedures and disciplines needed to succeed. Such people can be found among current and recently retired members of the IRTE, large fleet owners, provincial and local traffic and related departments. Creating the political will to do so is more challenging than finding the people or the funds.

• In the interests of better road traffic administration and enforcement, the RTMC has the power to negotiate ring fencing the revenue from fines. The swift implementation of AARTO and the point demerit system, appropriate fines, consistent enforcement and properly planned debt collection would go a long way to solving the problem of adequate funding. The lack of determination to make it happen is the real challenge.

Almost every operator and industry service provider you may meet seems to have issues around the way in which vehicle licensing, re-licensing and issuing of various permits is being administered. I am given to understand some 91 documents are now required to licence and register a vehicle from cradle to grave. Here is another hypothetical example of the cost attached to a typical problem that seems to arise frequently when vehicle licensing is involved:

Fact: A large, significant national operator of bulk tankers hauling dangerous goods reveals its ongoing frustration. I quote verbatim: "It often happens that licensing authorities cannot process applications in the correct period due to strikes, system off-line, staff shortages and so on. Licence renewals are not always sent out resulting in long phone enquiries to determine the licence fees. Incorrect amounts are often quoted. This involves cancelling and re-issuing cheques since credit cards are not acceptable. Flammable liquid permits are only issued by appointment. Permits are not always universally accepted." This company loses an average of 100 production hours a month. The tankers cost R2-million each.

In line with reviewing the knock-on costs of such inefficiencies, let's take this company's case and extrapolate an assumption to highlight what this is costing the industry a year. (SeeTable 4) 

If one adds all of the above amounts together (See Table 5), one can see the huge implications in terms of cost penalties with which the road transport industry is being burdened. It totals a frightening R5.747-billion per annum. And remember we are basing our examples on assumptions. It could be less but is probably more. 

Drivers and Driving Licences
South Africa is facing a chronic shortage of experienced, trained and legally licensed EC and EC1 drivers. This is cause for real concern, especially as the situation is sure to deteriorate further before it is likely to get better. Let's look at the facts: 

• To keep the wheels rolling, too many operators (bus and freight) are employing drivers without checking the validity of driving licences, medical status, criminal record or job history.

• The impact of HIV/AIDS is a significant and growing problem. Any number of operators say drivers go on sick leave and do not return to work while others just disappear. Natis records reveal 327 000 expired PrDPs. Obviously not all the result of HIV/AIDS.

• To keep up with the demand for road transport services and survive weak dry freight rates, many operators are incentivising drivers to drive excessive kilometres - usually at the expense of safety to the driver and other users of the road.

• Too many drivers are fatigued, dependent on alcohol and substance abuse and have less than acceptable family lives.

• The "Arrive Alive" statistics dated June 2004 referred to earlier indicate that the cost of accidents and incidents involving trucks was R1,85-billion while buses and minibus taxis were R1,045 and R2,338-billion respectively for the same period. A total of R4 568-billion.

Recommendations

• Limits to driving hours need to be introduced as soon a possible. There is surely no real problem with accepting tachographs or other suitable electronic monitoring devices to record driving hours. This should be an RTMC priority.

• The K53 rules need to be updated and made more meaningful. More or less knowing the rules of the road and being able to control a vehicle is not enough to send someone out on the road with a six- or seven-axle rig.

• PrDPs should be renewable after 12 months. Under present circumstances, two years is too long.

• PrDPs should be renewable only at the place of the driver's domicile.

• Drivers duties should be mandated and made part of the RTQS.

• Natis must clean up its database at the earliest date and give urgent attention to including a PrDP driver's register which is accessible to employers.

• Natis should be in the public domain and be easily accessible and affordable.

• Traffic inspectors should be mandated to make spot checks on drivers.

• Registered operators and their proxies must exercise a greater degree of responsibility and discipline when selecting, training and managing drivers.

Traffic Law Enforcement Agencies

• Traffic inspectorates are understaffed, lack capacity and the fundamental resources to cope with the increase in vehicles generally. They also lack knowledge in relation to the relative complexity of road traffic regulations as they apply to mass and dimensions - with particular reference to the bridge formula, load placement and diminishing loads.

• Traffic inspectors need training in vehicle inspection with particular reference to braking components (prime movers and trailing equipment), tyres, wheels and driver observation.

Recommendations
The RTMC should nationalise traffic law enforcement bringing in a single agency for all provinces. The potential benefits are huge and include:

• Better trained, better paid officers.

• Being able to ring fence fines to ensure traffic legislation is properly administered and consistently enforced.

• Review, assess and update traffic regulations continuously.

• Create a climate of respect for compliance with traffic regulations.

• Encourage and enhance a higher standard and commitment to self-regulation.

• Establish a road transport/traffic board along the lines of the Civil Aviation Board (CAB).

• Make abundant use of current and recently retired experienced, skilled people.

Conclusion
Better, simplified administration, consistent and predictable enforcement and dedication to self-regulation holds huge benefits for the industry and the economy. All this will lead to:

• A worthwhile contribution to ongoing improvements in road transport costs.

• A reduction in accidents, incidents, road related deaths, serious injury and damage to property.

• A more optimal use of the rail and road modes.

• A healthier, more stable road freight and passenger bus industry.

And surely that's what we're all aiming for?