273. For the purposes of this Chapter--

"competent authority" means the competent authority listed in supplement 1 of the code of practice SABS 0229 "Packaging of dangerous goods for road and rail transportation in South Africa";

"consignor" means the person who offers dangerous goods for transport in a vehicle referred to in regulation 274(1), and includes the manufacturer or his or her agent, duly appointed as such;

"consignee" means the person who accepts dangerous goods which have been transported in a vehicle referred to in regulation 274(1);

"dangerous goods inspector" means a person appointed as such under section 55 of the Act;

"emergency action response system" means a system designed to enable emergency crews arriving on the scene of an incident to determine, from coded placarding on the vehicle, or failing that, from the Tremcard or manifest, the identity of the cargo carried, the nature of the hazard presented and the emergency action to be taken to neutralize the danger, and is as prescribed in code of practice SABS 0232-1 "Transportation of dangerous goods - Emergency information systems", Part 1: "Emergency information system for road transportation" and code of practice SABS 0232-3 "Transportation of dangerous goods - Emergency information systems", Part 3: "Emergency action codes";

"exempt quantities" means those quantities that are exempt in accordance with code of practice SABS 0232-1 "Transportation of Dangerous Goods - Emergency information systems";

"incident" means an unplanned event during the transportation or storage of dangerous goods which involves leakage or spillage of dangerous goods or risk thereof;

"multiload" means more than one type or hazard class of dangerous goods or substances carried together;

"premises" means land or any building or other structure and includes any train, boat, ship, aircraft or other vehicle;

"qualified person" means a person trained to perform any specific task, nominated by the operator, consignor or consignee under regulation 277; and

"Tremcard" means the transport emergency card listing the hazards and emergency information for a material being transported for use by the driver during an incident, or by the emergency services, if required.

273A. Standard specifications SABS 1398 "Road tank vehicles for petroleum-based flammable liquids" and SABS 1518 "Transportation of dangerous goods - design requirements for road tankers", and codes of practice SABS 0228 "The identification and classification of dangerous substances and goods", SABS 0229 "Packaging of dangerous goods for road and rail transportation in South Africa", SABS 0230 "Transportation of dangerous goods - Inspection requirements for road vehicles", SABS 0231 "Transportation of dangerous goods - Operational requirements for road vehicles", SABS 0232-1 "Transportation of dangerous goods -Emergency information systems", Part 1: Emergency information system for road transportation" , SABS 0232-3 "Transportation of dangerous goods -Emergency information systems", Part 3: "Emergency action codes" and SABS 0233 "Intermediate bulk containers for dangerous substances" is incorporated into these regulations by notice published by the chief executive officer in the Gazette;

274. (1) Subject to subregulation (2), this Chapter applies to all vehicles registered in the Republic, wherever they may be, and to all vehicles other than those registered in the Republic, whenever they are within the Republic, in or on which dangerous goods are transported, and to such dangerous goods.

(2) These regulations do not apply in respect of dangerous goods which are transported in quantities which do not exceed the exempt quantities.

274A. If a provision in this Chapter is in conflict with a provision of the Explosives Act, 1956 (Act No. 26 of 1956), the Nuclear Energy Act, 1993 (Act No. 131 of 1993), the Fire Brigade Services Act, 1987 (Act No. 99 of 1987), the Mines and Works Act, 1956 (Act No. 27 of 1956), the Environment Conservation Act, 1989 (Act No. 73 of 1989), the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), the Hazardous Substances Act, 1973 (Act No. 15 of 1973), or the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), the latter provision shall take precedence.

275. Dangerous goods may not be transported unless in accordance with this Chapter: Provided that--

1. dangerous goods which is required under this Chapter to be transported in a vehicle in respect of which standard specifications SABS 1398 "Road tank vehicles for petroleum-based flammable liquids" or SABS 1518 "Transportation of dangerous goods - design requirements for road tankers", apply--

1. may be transported in such a vehicle from the date of commencement of these regulations;
2. shall be so transported in accordance with the said appropriate code of practice if the vehicle in which the said dangerous goods is being transported was registered on or after 1 January 2000;
3. shall be transported in accordance with the said appropriate standard specifications after a date to be determined by the Minister by notice in the Gazette;

2. vehicles carrying dangerous goods in respect of which a placard is required to be fitted to such vehicle, may be fitted with, but shall after 1 January 2001 be fitted, with the appropriate placards prescribed in code of practice SABS 0232-1 "Transportation of dangerous goods -Emergency information systems", Part 1: Emergency information system for road transportation".

276. The Minister may, after consultation with the competent authority concerned, either generally or subject to such conditions as he or she may deem fit, by way of notice in the Gazette, grant exemption in respect of a specific consignment of dangerous goods to be transported by any vehicle, or class or description of vehicle, from any of or all the provisions of these regulations, and may, subject to giving reasonable notice, amend or cancel any exemption so granted.

277. (1) The duties of the operator, driver, consignor and consignee with regard to the transportation of dangerous goods by road shall be as prescribed in this Chapter.

(2) The operator, consignor or consignee shall nominate a qualified person to perform such tasks with respect to the transportation of dangerous goods as are prescribed to be so performed in this Chapter.

(3) Subject to the provisions of subregulation (2), the operator, consignor and consignee may nominate a qualified person for any purpose deemed necessary by that operator, consignor and consignee with relation to the transportation of dangerous goods.

278. The consignor shall ensure that a multiload of dangerous goods transported on a vehicle is compatible as prescribed in Annex D to code of practice SABS 0232-1 "Transportation of dangerous goods -Emergency information systems", Part 1: "Emergency information system for road transportation".

279. (1) If there is any doubt as to the appropriate classification of dangerous goods, such dangerous goods shall be classified by an approved classification authority in accordance with code of practice SABS 0228 "The identification and classification of dangerous substances and goods".

(2) Dangerous goods shall be presented by the consignor for transportation packed in packaging that has been approved by an approved test station and by the approved certification authority and marked in the manner contemplated in code of practice SABS 0233 "Intermediate bulk containers for dangerous substances" and code of practice SABS 0229 "Packaging of dangerous goods for road and rail transportation in South Africa".

280. (1) For the purposes of this regulation the word "driver" means any person who drives or attempts to drive a vehicle carrying dangerous goods the gross vehicle mass of which exceeds 3 500 kilograms or a vehicle to which standard specification SABS 1398 "Road tank vehicles for petroleum-based flammable liquids" or standard specification SABS 1518 "Transportation of dangerous goods - design requirements for road tankers", applies.

(2) Operators shall ensure that after a date to be determined by the Minister by notice in the Gazette, the drivers of the vehicles in his or her charge referred to in regulation 274(1), undergo training at an approved institution.

(3) Each approved institution shall submit a syllabus for the training of the drivers referred to in subregulation (1) to the Shareholders Committee for approval, 30 days before training commences at those institutions for a particular year.

(4) The syllabus for the training of drivers shall contain at least--

1. the interpretation and implementation of the instructions on the Tremcard;
2. theoretical and practical training relevant to the type of vehicle and class of dangerous goods to be assigned to the driver concerned;
3. detailed instruction on the emergency action response system and procedures in place for the specific kind of dangerous goods to be transported by the driver concerned and practical training on the emergency action to be taken for the various incidents which may occur with regard to the dangerous goods concerned;
4. duties of the driver before proceeding on a route concerning, amongst other things, the condition of the vehicle, the documents to be kept in the vehicle, instructions regarding the route to be taken, warning signs and warning devices to be displayed or stored in the vehicle, the correct type and number of fire extinguishers to be fitted to the vehicle and protective clothing to be used;
5. behaviour expected of the driver on the route, amongst other things, planning of stops for deliveries or checking of the tyres and vehicle, and procedure to be followed in the event of stops, periods of driving allowed, action to be taken in the event of an incident occurring; and
6. procedure to be followed by the driver on reaching his or her destination.

(5) An institution referred to in subregulation (2) shall issue drivers with a certificate for the successful completion of training.

281. (1) The driver of a vehicle referred to in regulation 274(1) shall ensure that such Tremcards and manifests 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 as dangerous goods are being transported in such vehicle.

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

1. a professional driving permit, if applicable;
2. 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
3. the documents referred to in subregulation (1),

whenever he or she is operating a vehicle referred to in regulation 274(1).

282. A certificate of appointment shall be issued to a dangerous goods inspector on his or her appointment under the Act which shall reflect the designation, the conditions under, the classes of dangerous goods in respect of which he or she has been appointed, and, with reference to any provision of regulation 283, the powers to be exercised by him or her.

283. (1) A dangerous goods inspector may stop and enter any motor vehicle on or in which any substance suspected to be dangerous goods is or is suspected to be transported, or enter any premises on or in which any other operation or activity relating to such transport with or in connection with any such substance is or is suspected to be carried out, and may, subject to the provisions of the Act--

1. inspect or search the vehicle or premises, or examine, or extract, take and remove samples of, or direct an approved authority to examine, extract or remove, any substance referred to in subregulation (1), found in or upon such premises, or any packaging, receptacles, unit loads, bulk containers and bulk transportation equipment or other objects so found which is or is suspected to be used, or destined or intended for use, for, in or in connection with the transport of dangerous goods, or for, or in connection with any other operation or activity with or in connection with the transport of dangerous goods, or open or direct an approved authority to open any packagings, receptacles, unit loads, bulk containers and bulk transportation equipment suspected to contain such dangerous goods;
2. detain a vehicle which is on reasonable grounds suspected of not complying with these regulations, for the purposes of exercising any of the powers of a dangerous goods inspector under this regulation;
3. demand from the driver, operator or any person in charge of the vehicle or premises, to produce any document prescribed under these regulations;
4. demand any information regarding any substance or packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects from any person in whose possession or charge it is or from the operator or person in charge of the vehicle or premises;
5. weigh, count, measure, mark or seal, or direct an approved authority to weigh, count, measure, mark or seal, any substance or packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects or lock, secure, seal or close any door or opening giving access to it;
6. examine or make copies of, or take extracts from, any book, statement or document found in or on the vehicle or premises and which refers or is suspected to refer to the substance, packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects;
7. demand from the operator or any person in charge of the vehicle or premises or from any person in whose possession or charge such book, statement or document, an explanation of any entry therein;
8. inspect any operation or process carried out in or upon the vehicle or premises in connection with any activity referred to in paragraph (a);
9. demand any information regarding the operation or process referred to in paragraph (h) from the operator or person in charge of the vehicle or premises or from any person carrying out or in charge of the carrying out of such operation or process;
10. seize any substance, book, statement or document or other packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects which appears to provide proof of a contravention of any provision of this Act.

(2) If a dangerous goods inspector intends to exercise or perform any power, duty or function under these regulations in the presence of any persons affected thereby, he or she shall on demand exhibit the appointment certificate issued to him or her under regulation 282.

(3) Notwithstanding the provisions of this regulation, a dangerous goods inspector or an approved authority shall not open dangerous goods packages, or unload or decant dangerous goods unless--

1. the operator was duly notified;
2. such unloading, decanting or opening of packages is authorised by the local authority concerned; and
3. a qualified person supervises the unloading, decanting or opening of packages.

Contents Page

Chapter 9