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16

GRAANGIDS

2016

GRAIN GUIDE

ROAD TRAFFIC ACT: NEW CONSIGNOR AND

CONSIGNEE PROVISIONS

The National Road Traffic Act of 1996 was amended in October 2014 to make provision for legis-

lation regarding the consignor and consignee. Certain consignors and consignees are now obliged

to comply with legislation that ensures that overloaded trucks are not driven on public roads and

goods on such vehicles are not accepted at destinations. The provisions for consignors and con-

signees – Regulations 330A and 330D – came into effect on 31 January 2015.

The aim of the legislation is to ensure that vehicles are loaded correctly and that the load is

distributed correctly on the vehicle. This protects roads and bridges against damage caused by

overloaded vehicles and ensures that vehicles are loaded securely.

The regulations provide that a consignor must ensure that a vehicle is loaded legally (axes and

the total mass). A goods declaration is also required in terms of Regulation 330C and must be

available in freight vehicles. The definitions of consignor and consignee are important and must

be understood to understand the scope of the legislation.

If a company is responsible for goods immediately before consignment and the company consigns

more than 500 tons of goods per month, it must comply with the regulations.

Definitions of consignee and consignor

Consignee

’, in relation to goods transported or to be transported by a vehicle means the person

(excluding a consignee of dangerous goods in terms of regulation 273), who is named or other-

wise identified as the intended consignee of more than 500 000 kilograms of goods in a month

in the goods declaration for the consignment and who actually receives such goods after they are

transported by road.

Consignor

’ means a person (excluding a consignor of dangerous goods in terms of regulation

273), who is named or otherwise identified as the consignor of goods in the goods declaration

relating to the transportation of more than 500 000 kilograms of goods in a month by road or en-

gages an operator of a vehicle, either directly or indirectly or through an agent or other intermedi-

ary, to transport the goods by road or has possession of, or control over, the goods immediately

before the goods are transported by road or loads a vehicle with the goods, for transport by road,

at a place where goods are stored in bulk or temporarily held but excludes a driver of the vehicle,

or any person responsible for the normal operation of the vehicle during loading.

The legislation requires a vehicle being despatched from a consignor to have a goods declaration

containing the following information:

• The licence number of every vehicle in the combination of vehicles.

• The nature and quantity of goods being transported.

• The contact details of the operator or, in the case of a combination of vehicles, every operator

in the combination of vehicles.

• The details of the consignee of the load or, in the case of loads collected from more than one

consignee, the details of each consignor or addressee.

• The name, residential and postal address of every natural person or, in the case of a legal

entity, the director or member responsible, an agent, consignor, addressee or operator men-

tioned in the declaration.