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Past Issues
Nov / Dec 1999

Transportation of Dangerous Goods

At a recent meeting of the Johannesburg centre of the IRTE, Keith McMurray gave a most interesting talk on the Transportation of Dangerous Goods, a subject on which he is most qualified to speak having been involved "at the coal face" since the early 1970's Jack Webster sums up his presentation.

Keith McMurray explained that prior to 1973, there was no legislation specifically specifically dealing with the Transportation of Dangerous Goods apart from explosives, which was regulated in terms of the Explosives Act. Realising that there were many products being transported by road which were not explosives in the accepted meaning of explosives - but equally hazardous - reference was made to the Hazardous Substances Act from which regulations were drafted and eventually promulgated. The Regulations were in effect action procedures in the event of an accident involving and resulting from the transportation of hazardous substances. Also, the Regulations only dealt with the conveyance of Hazardous Products in bulk in road tankers.

For many years, the South African Bureau of Standards, together with the help of those involved in the industry, have produced specifications and Codes of Practice covering all aspects of Transportation of Dangerous Goods, including the vehicle, the driver, the product, the loading, the transport and the off-loading.

Unfortunately, these SABS specifications and Codes of Practice are not yet mandatory. The Transportation of Dangerous Goods is to be included in the new National Road Traffic Act and National Regulations and have been published for comment and will, hopefully, be promulgated in the near future.
Chapter VIII of the new Road Traffic Act is set aside for Transportation of Dangerous Goods, and only includes two sections:

Chapter VIII Dangerous Goods Transportation of certain dangerous goods prohibited.

54. No person shall, except as prescribed, offer for transportation in a vehicle, or transport in a vehicle, or accept after transportation in, on or by a vehicle prescribed dangerous goods.

Keith McMurray... an informative talk on the transportation of dangerous goods

Appointment of dangerous goods inspector or inspectorate

55. (1)(a) The Minister may appoint a person, an authority or a body as a dangerous goods inspector or inspectorate.

(b) The training and specification of a person appointed under paragraph (a) shall be as prescribed, and an authority or body shall have the services of persons with the prescribed training and qualifications at its disposal before that authority or body is so appointed.

(2) The powers and duties of the inspector or inspectorate contemplated in sub-section (1)(a) in relation to the transportation of prescribed dangerous goods shall be as prescribed.

(3) The Minister may, in order to defray the expenditure incurred by or on behalf of that inspector or inspectorate for the purposes of performing his, her or its functions, prescribed fees to be paid in respect of inspections carried out by him, her or it in terms of this Act.

The draft Road Traffic Regulations on the Transportation of Dangerous Goods have been published for comment but cannot be promulgated and made effective until the new National Road Traffic Act itself becomes affective.
Chapter VIII of the new draft regulations includes Regulations 273 to 283 includes and McMurray elaborated on and explained the ramifications of some of them.

The Transportation of classified dangerous goods and substances - A comparison between current and new legislation

1.1 Hazardous Substances Act 1973 (Act 15 of 1973)

  • Department of Health Legislation
  • Lists approximately 700 grouped hazardous substances
  • Only applies to road tankers of 500 litre capacity or more
  • Packaged goods (drums/boxes/jerricans) not covered
  • No tanker specification except for SABS 1398 (petrol tankers)
  • The need for the driver to carry a Transport emergency card (Tremcard) not compulsory (1887 amendment)
  • Defines duties of consignor - carrier driver - operator
  • Labelling of tankers - UK system - use of scale card
  • Lists medical for drivers
  • Need for training certificate (no syllabus)

1.2 National Road Traffic 1996 (Act 93 of 1996)

  • National Department of Transport Legislation
  • SABS 0228 lists approximately 3 000 goods and substance
  • Legislation applies to the transportation of bulk and packaged goods in excess of exempt quantities
  • Packaging requirements listed in SABS 0229
  • Specifications for tankers and tanker transporting petroleum based flammables - SABS 1518 and 1398
  • Statutory inspection requirements for any vehicle transporting dangerous goods or substances - SABS 0230
  • Operational rules and procedures for transporting dangerous goods and substances - SABS 0231
  • Placarding system - SABS 0232/1 and emergency response - 0232/3
  • Minimum syllabus requirements for driver training for vehicles above 3 500 kg GVM or vehicles manufactured to SABS 1518 or SABS 1398
  • Duties of consignor, operator, consignee and driver defined in SABS codes
  • Statutory documents to be held by the driver including Tremcards, goods declaration, route plan and PRDP-D
  • Appointment of a qualified person to perform specific tasks, loading and off-loading
  • Registration of dangerous goods operators
  • Recording of vehicles if specification SABS 1518 or 1398 applies
  • Registration of manufactures, builders or importers
  • Lists other legislation applicable to dangerous goods transportation
  • Lists prohibition of the transportation of dangerous goods
  • Compatibility of multi-loads of dangerous goods
  • Authorities for classification and certification of goods and substances
  • Duties of traffic officials defined by the Minister
  • Appointment of the dangerous goods inspectorate

1.3 Documents to be held by driver
This is Regulation 281

281.(1) The driver of a vehicle referred to in Regulation 274(1) shall ensure that such Tremcards and manifest as are required in terms of this Chapter, and which pertain to the dangerous goods carried on such vehicle are held in the designated space in the cab of that vehicle at such time dangerous goods are being transported in such vehicle.

(2) The driver of a vehicle referred to in Regulation 274(1) shall produce on demand -

(a) a professional driving permit, if applicable;

(b) a document containing a clear indication of the route to be followed by the vehicle, planned in accordance with Code of Practice SABS 0231 "Transportation of dangerous goods - Operational requirements for road vehicles";
and

(c) the documents referred to in sub-regulation (1); whenever he or she is operating a vehicle referred to in Regulation 274(1) .

Richard Nicholson thanked Keith for the amount of work that has been going on behind the scenes to bring this Legislation and SABS Specifications and Codes of Practice to the point where it can now be promulgated to the benefit of all concerned.

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