An article in the March edition of FleetWatch prompted Wally Cracknell of the United RoadWorthy Association to respond with a pertinent reference to the 1.5 ton poni and semi-trailer.His concern is that the 1.5 ton poni does not need to be

submitted for an annual test and be required to obtain an annual Certificate of Roadworthiness. FleetWatch's correspondent on legislation, Jack Webster, explains the reason behind this.

Prior to 1989, Road Traffic legislation was under the purview of the four Provincial Road Traffic Ordinances which were basically uniform and included a class of vehicle referred to as a public motor vehicle which was defined as "Any motor vehicle used for the conveyance of persons or goods for reward". Emphasis is placed on the reference to any motor vehicle and to for reward.

Section 77(1) of all four Provincial Ordinances stated:

"No person shall operate a public motor vehicle on a public road unless there is in force in respect of such motor vehicle a Certificate of Fitness".

Thus it was that prior to the Road Traffic Act replacing the Provincial Road Traffic Ordinances, the 2 ton bakkie (even the 1 ton bakkie) conveying goods for reward had to have (and carry on the vehicle) a C.o.F.

High volume low mass is what the poni is all about.

With the deregulation of the conveyance of goods and the replacement of the Provincial Road Traffic Ordinances by the National Road Traffic Act (Act No. 29 of 1989), the public motor vehicle was dropped and in neither the Act nor Regulations is there any reference to a public motor vehicle.

Last year, the first National Road Traffic Act was replaced by the new National Road Traffic Act (Act No. 93 of 1996) and Regulations. We now have Regulation 142 which states:

Certain classes of motor vehicles requiring Roadworthy Certificate
142.(1) A Roadworthy Certificate shall be required for:

(a) a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms;
(b) a breakdown vehicle;
(c) a bus;
(d) a mini-bus-

(i) the gross vehicle mass of which exceeds 3 500 kilograms; or
(ii) which is designed or adapted for the conveyance of 12 or more persons, including the driver; or 

(e) a motor vehicle used for the conveyance of persons for reward.

Note that a goods vehicle having a GVM of 3 500 kg or less does not have to have a Roadworthy Certificate.

Note too that a lot of emphasis is placed on vehicles conveying persons. Even a combi carrying 12 or more persons, whether for reward or not, has to have a C.o.R. Also, a motorcar carrying persons for reward must have a C.o.R. A 1 ton bakkie fitted with a canopy and seats has to have a C.o.R. if it carries persons for reward but if it carries goods, no roadworthy certificate is needed.

Some years ago, Delta Motor Corporation laaunched a special Isuzu Artik to offer it's customer the poni option. It was a great success.

Two objectives
Let us now look at Wally Cracknell's problem with the 1.5 ton poni and trailer! When this concept was introduced, it was done with two objectives in mind:

(i) to achieve a 1.5 ton payload, and 
(ii) to be driven by a person holding a Code 08 driver's licence which authorised the holder to drive an articulated motor vehicle, the gross combination mass of which did not exceed 3 500 kg. (Section 58(h)(ii) of the Ordinance authorised a person holding a Code 08 licence to drive an articulated motor vehicle, the GCM of which did not exceed 3 500 kg.)

By selecting the correct bakkie for the truck-tractor and by ensuring that the 2 ton load, plus the unladen mass of the little truck tractor, plus the unladen mass of the semi-trailer did not exceed 3 500 kg, these two objectives were achieved.

At that time there was no consideration about the C.o.F. as all vehicles conveying persons or goods for reward had to have a C.o.F. The present position is that as the 1.5 ton poni and trailer are both goods vehicles having a GVM not exceeding 3 500 kg, no C.o.F. is needed.

The new Code EB driving licence has replaced the old Code 08 driver's licence and the EB driving licence authorises the driving of an articulated vehicle, the GCM of which does not exceed 3 500 kg.

Another anomaly
There is another anomaly in the legislation which involves the 1.5 ton poni and semi-trailer. The driver of any vehicle conveying persons for reward must hold a professional driving permit and the driver of a vehicle conveying 12 or more persons - whether for reward or not - must hold a PrDP, but the driver of the 1.5 ton poni does not have to have a PrDP because it is carrying goods not persons.

To sum up the situation, it would appear that the 1 832 282 licensed goods vehicles having a GVM of not more than 3 500 kg (as at 31 March 2001) running around on our roads, do not have to have a C.o.F. and do not have to have a driver with a PrDP.

Maybe something should be done about the position particularly in the case of the vehicles conveying goods for reward.

Personal Comment
As already stated, there is a reason for everything and if the question is asked "Why was the need for a bakkie to have a C.o.F. and the driver to have a PdP dropped if such a vehicle was being used to convey goods for reward?"

The reason given at the time was the difficulty in establishing whether or not the goods were being conveyed for reward. The same argument was put up at the time for the Combi but it was contended that the Combi needed a road carrier permit to convey persons for reward, but the bakkie conveying goods for reward no longer required a permit.

The defence was weak but it won the case and the bakkie (and 1.5 ton poni and semi-trailer) do not require a C.o.F.. Therefore a housewife who has an EB driving licence can take a break from her duties and drive a bakkie or 1.5 ton poni and semi-trailer to earn money by conveying goods for reward. Surely this is not conducive to road safety and our Arrive Alive campaign!