Watch out for legal pitfalls when transporting dangerous goods
Watch out for legal pitfalls when transporting dangerous goods
The transportation of dangerous goods by road is heavily regulated under South African law. PETER LAMB says these laws need to be understood by all involved in the transportation of dangerous goods.
All transport operators are encouraged to purchase the applicable copy of the standards from the South African Bureau of Standards (SABS). The National Road Traffic Act 93 of 1996 (NRTA) regulates the transportation of dangerous goods by road. The National Road Traffic Regulations, 2000 published thereunder incorporate the South African National Standards (SANS). “Dangerous Goods” is defined in section 1 of the NRTA to mean “commodities, substances and goods listed in the standard specification of the SANS 10228”. Section 54 of the NRTA states that 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, any prescribed dangerous goods.
Chapter VIII of the National Road Traffic Regulations deals with the transportation of dangerous goods; Regulation 273A incorporates a number of SANS concerning the transportation of dangerous goods.
These include:
- SANS 1518: “Transportation of dangerous goods – design of vehicles, tanks and accessories for the transport of dangerous goods”
- SANS 10228: “The identification and classification of dangerous goods for transport by road and rail modes”
- SANS 10229: “Packaging of dangerous goods for road and rail transportation in South Africa”
- SANS 10231: “Transportation of dangerous goods – Operational requirements for road vehicles”
- SANS 10232-1: “Transportation of dangerous goods – Emergency information systems Part 1: Emergency information system for road transport”
- SANS 10232-3: “Transportation of dangerous goods – Emergency information systems Part 3: Emergency response guides”
- SANS 10232-4: “Transportation of dangerous goods – Emergency information systems Part 4: Transport emergency card”
- SANS 10233: “Transportation of dangerous goods – Intermediate bulk containers for road and rail transport”
SANS 10229 identifies various methods of packaging that are suitable for prescribed maximum quantities of dangerous goods that may be offered for transport by road. It describes minimum performance requirements for packaging and the procedures to be followed to obtain approval from testing or certification authorities, as well as providing details regarding the labels and markings to be displayed on the packaging.
SANS 10231 establishes rules for the safe operation and handling of all road vehicles that are used for the transport of dangerous goods. The procedures include requirements for the consignor, the consignee, the operator, the driver, and the qualified person, as well as en route procedures, cargo handling, and vehicle inspection requirements.
This standard covers the loading of the dangerous goods (which is the responsibility of the consignor); the driving of the vehicle that transports the dangerous goods to its destination (which is the responsibility of the operator and the driver); and the off-loading of the dangerous goods (which is the responsibility of the consignee).
Consignor responsibilities
The consignor will be responsible for ensuring that the goods are correctly classified in accordance with SANS 10228; that the goods are packaged in accordance with SANS 10229-1 and SANS 10233; that the loading of the dangerous goods is carried out by a qualified person(s) trained in the relevant procedures; that the driver is provided with a copy of the signed Dangerous Goods Declaration; and that either the correct placards and transport emergency card(s) are supplied to the operator, or that the operator is supplied with the information necessary to be able to provide these placards and cards.
Operator responsibilities
The definition of “operator” can relate to either the owner of the vehicle, or the person or company entering into an agreement with the owner to operate the vehicle. In either case, the operator must ensure that the dangerous goods operator card (issued by the relevant authority) is displayed on the vehicle. They are also required to agree the basic route with the driver, incorporating any specific requirements from all local authorities en route.
It is the operator’s responsibility to ensure that the driver has a valid driving permit for dangerous goods and is appropriately trained in terms of SANS 10231, as well as providing the safety equipment (and the training in the use of said equipment) required by the driver in accordance with the transport emergency card. The operator must also ensure that the vehicle and any equipment fitted to it comply with all applicable statutory requirements with regard to the applicable vehicle design standard. Furthermore, the vehicle must be roadworthy and suitable for the consignment to be carried, while the vehicle and all equipment must be maintained and inspected by a competent person, in accordance with SANS 10231.
Consignee responsibilities
SANS 10231 requires the loading and offloading operations of dangerous goods to be carried out by a qualified person trained in the relevant procedures. This standard also sets out the requirements and safety precautions that the qualified person must ensure and adhere to when loading and offloading dangerous goods.
In terms of the standard, the consignee is responsible for the offloading of the dangerous goods and, unless otherwise agreed, must provide the qualified person to carry out all offloading procedures.
Other legal considerations for dangerous goods transportation
SANS 10231 prescribes a number of operational requirements concerning dangerous goods declarations, insurance, en route procedures, and equipment to be carried on the vehicle. The standard also sets requirements for the vehicles that can legally carry dangerous goods. These requirements include vehicle registration and inspection by authorised persons, to ensure that the design and construction of the vehicle used to transport dangerous goods comply with the requirements of SANS 1518.
SANS 1518 sets out various requirements for the design, construction, testing, approval, and maintenance of road vehicles and portable tanks. This standard is based on the latest edition of the European Agreement Concerning the International Carriage of Dangerous Goods by Road and complies with all the requirements for the construction of the vehicle, the tank, and the part of the vehicle containing the dangerous goods being transported (excluding packaging).
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