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Make This a Year of Action

Now that the new Millennium is with us, it is opportune for all who have an involvement or interest in road traffic or road transport matters to take a look at the road ahead - not for the next Millennium but for the year 2000. FleetWatch correspondent on legislation, Jack Webster, gives his views on the some of the past achievements and future needs in the field of legislative matters and concludes that the year 2000 must be a year of action rather than talk.

Before considering what to expect during the year 2000, let us first take a look at some of the changes that have taken place and what has been achieved during the last decade – 1990 to 1999. And much has been achieved.

Deregulation

Without doubt, one of the most influential and significant developments involving the conveyance of goods on a goods vehicle within the RSA was the deregulation process which took effect from July 1, 1993. This meant, in terms of the Road Transportation Act, that road carrier permits were no longer required for the conveyance of goods throughout the RSA, and the introduction of the Registration of "Operators" in terms of the Road Traffic Act. This development virtually eliminated the "empty-leg" in long haul road transport operations and an improvement in the economic viability of road transport.

Road Traffic Act

Another very important achievement - which took place in 1990 - was the bringing into effect of certain sections of the first Road Traffic Act (Act No. 29 of 1989) and the promulgation of the first National Road Traffic Regulations, thus bringing to an end the Provincial legislative control of Motor Vehicles and Road Traffic - firstly, the Motor Vehicle Ordinances of 1931 and secondly, the Road Traffic Ordinances of 1957 and 1966.

Licence Codes

In 1996, the Codes of Drivers’ Licences were changed with effect from March 1, 1998. These new codes became effective along with the introduction of the "credit card" drivers’ licences and the start of the phasing out of drivers’ licences included in the identification document. The exercise is on-going and is due to be completed at the end of the year 2002.

Maximums increased

After many proposals, investigations, promises and rejections, extending over a period of 25 years, 1996 hailed the long awaited increase in the permissible maximum axle massloads and permissible maximum mass of articulated vehicles and combinations of vehicles. Along with these increases in maximum achievable massloads, the maximum length of articulated vehicles was increased from 17m to 18.5m and the maximum length of a combination of vehicles from 20m to 22m. All these concessions provided for an improvement in the economic viability of road transport operations.

Amendments

In addition to the developments mentioned are the many amendments to the Road Traffic Legislation and, up to December 31, 1999, the National Road Traffic Regulations had been amended 42 times. In addition, many amendments were made to the Provincial Acts and Regulations.

Road Safety

During the past ten years, the legislators and administrators at national, provincial and local level have pledged their intentions and endeavours to improve road safety in respect of roadworthiness and driver and pedestrian discipline. Regrettably, their efforts up to now have not met with much success and there is still much to be done in the year ahead in the area of road safety. Let's take a look at some of the issues:

Speeding

Speeding is still a cause of major concern. A motorist travelling on multi-lane freeways at 120 km/h is a victim of curses and threats from other drivers for being a loiterer. A very small percentage of heavy trucks travel at the maximum legal speed of 80 km/h - many exceed 120 km/h.

Transport Minister Omar last year decreed that the maximum speed limit for buses and mini-buses is 100 km/h. This took effect from November 26, 1999 (see Government Gazette No. 20678). The original maximum speed for buses and mini-buses was 120 km/h which was seldom enforced – so will the 100 km/h make any difference? Only the year ahead will reveal the answer!

Drinking and driving

The problem of "drinking and driving" has been given maximum publicity and campaigns have been launched but driving under the influence of alcohol remains a major cause of South Africa’s appalling road accident record. This is, without doubt, another matter to be addressed in the year ahead! In many overseas countries, drastic action against drinking and driving is the norm, without costly prosecutions and court cases.

Overloading

Overloading as a major problem was identified by the Cloete Committee in 1969/70 during the investigation into mass and dimensions of vehicles which recommended a more positive approach to preventing overloading and not waiting to "catch" transgressors and then prosecute – often unsuccessfully. Now, 30 years later, overloading is still a major problem. And overloading is not confined to goods vehicles. Traffic surveys and accident reports reveal that passenger vehicles are frequently overloaded, particularly mini-buses and buses. Another job for the Year 2000.

Vehicle roadworthiness

Vehicle roadworthiness is a problem which is getting worse as time goes by. The usual report after an accident attributes the cause as either "the brakes failed" or "a tyre burst"! A few years ago, every motor vehicle used for the conveyance of goods or persons for reward had to be tested and issued with a Certificate of Fitness every six months. Today all goods vehicle having a gross vehicle mass of over 3 500 kg and all vehicles conveying persons for reward, have to be tested and issued with a Certificate of Roadworthiness once every year.

The period was extended from six to 12 months because it was claimed that the vehicle testing stations could not cope with the increased volume of goods vehicles to be tested. To supplement the capacity of provincial and municipal testing stations, private vehicle testing stations were introduced. Unfortunately, if we are to believe what we hear, Certificates of Roadworthiness have been issued on a token of thanks without the vehicles being tested. A solution must be found in the year ahead.

Driver roadworthiness

And what about driver roadworthiness? Without doubt, the real major reason behind South Africa’s poor road safety/accident record is the lack of driver discipline or, expressed in other words, driver attitude. More traffic officers, better law enforcement, higher fines and penalties may help but the attitude of drivers must be changed if success is to be achieved. We need to bring about a change in driver attitude and discipline.

Let's finish what was started

The goal for the Year 2000 must be to strive to bring to finality the things we started during the 1990’s. These include, inter-alia:

On April 26, 1996 the National Department of Transport published Government Gazette No. 17142 which contained two important draft bills identified as Annexure A and Annexure B.

Annexure A was a draft National Road Traffic Act, the purpose of which was "to provide for road traffic matters which should apply uniformly throughout the Republic and for matters connected therewith".

Annexure B was a draft Provincial Road Traffic Act, the purpose which was an example of what the nine Provinces were expected to promulgate: "to consolidate and amend the provisions relating to Road Traffic which should apply in this Province, and to provide for matters connected therewith".

The need to change the existing Road Traffic Act and to clearly define the role and responsibility of the Provinces in respect of road traffic matters such as national uniformity is not essential. The Bills have been translated into draft Acts, circulated for comment, amended several times and recirculated but unfortunately, no effective date of implementation has yet been set. This is a cause for considerable concern as the new national regulations cannot be introduced until the new National Act becomes effective.

For example, there is no provision in the existing Road Traffic Act for the transportation of Dangerous Goods. Consequently, no regulations can be promulgated until such time as the existing Act is amended to include Dangerous Goods or the new National Act is introduced and implemented.

Chapter VIII of the new Act - Sections 54 and 55 - deal with Dangerous Goods and will therefore give the Minister authority to make regulations in respect of the transportation of Dangerous Goods by road. As long ago as 1997 such regulations were drafted and published for comment. A few minor amendments have been made and the regulations are ready for promulgation.

This legislation is now needed urgently as relevant SABS Codes of Practice and Specifications have to be brought up to date, dangerous goods inspectors have to be appointed and trained, (and trainers too), and drivers have to be trained by approved training institutions (which have to be appointed and trained).

There are many other examples and because drafts of the new Act and Regulations have been given wide publicity, the road transport industry and the public in general have knowledge of what is coming, and they are becoming impatient. The authorities must stop making promises about dates of implementation. They must make it happen!

Establish the Corporation

On October 19, 1998 the National DoT published Government Gazette No. 19381 inviting interested parties to submit comments on the Road Traffic Management Corporation Draft Bill 1998. The closing date for comment was November 30, 1998. It is believed there was negative response from the Provincial authorities who were concerned that if this Act was implemented, they would lose some of their authority on Road Traffic matters. However, on April 28, 1999, the Road Traffic Management Corporation Act No. 20 of 1999 was published in Government Gazette No. 19970. No date was set for commencement of implementation but Transport Minister Dullah Omar has recently made statements on radio and television that the Corporation will be established early in 2000. It is to be hoped that this will happen because after it is established, there is still much work to be done before it's work can be fully implemented.

Road Traffic Offences

On May 29, 1998, Government Gazette No. 18934 was published inviting interested parties to comment on the draft Administrative Adjudication of Road Traffic Offences Bill 1998 on or before June 22, 1998. This Bill became Act No. 46 of 1998. On June 29, 1999 in Government Gazette No. 20252, the draft regulations on the Administrative Adjudication of Road Traffic Offences was published and comment was invited within 30 days - i.e. on or before July 30, 1999. No information has yet been released regarding progress with this important legislation, in spite of the wide publicity given to the overloading of the courts and the backlog in bringing prosecutions for traffic offences to court. It can only be hoped that this legislation will not suffer the same fate as Sections 78 and 79 of the existing Road Traffic Act which were introduced in 1989 to allow offences committed by operators to be dealt with administratively, but were never applied nor enforced.

Conclusion

During the past few years, an enormous amount of work has been done by the authorities and certain sections of the private sector to find solutions which would serve to raise our road traffic record from the depths of despair and hopefully provide benefits for all.

However, new policies, agreements, meetings, talking, promises and the drafting of new legislation and amendments must be converted into positive action. Actions speak louder than words and the year 2000 must be a year of action. Let us complete what we have started and make it happen. On December 31, 2000, may we all look back and say - it was a good year!