The Consignor legislation came into force on 31 Jan and is based on the following principles. It has been widely recognised and the principle accepted, both by the freight transport industry and the law enforcement authorities, that there is a need, in certain cases, to extend the responsibility of heavy vehicle overloading to the consignor and consignee, who may also benefit from the overloading of freight vehicles. A precedent has already been set with the new dangerous goods legislation. The NDoT prepared draft consignor/consignee legislation during 2000, which was revised during 2003. It was published in October 2014 as legislation and became effective on 31 Jan 2015 Main issues addressed in legislation Various issues are addressed in the regulations as follows: · The proposed regulations will only be applicable to vehicles that carry mass goods (not volume goods);
- A consignor or consignee shall not offer goods nor accept goods if the vehicle in which the goods will be or has been transported is not loaded in accordance with the requirements of the Road Traffic Act;
- Consignors that are responsible for the loading of an operator’s vehicle shall be required to ensure the correct loading of the vehicle;
- A consignor or consignee shall not conclude a contract to transport goods on a vehicle with an operator if the vehicle is overloaded when the load is transported on the vehicle;
- In cases where the tonnage of goods transported exceeds 500 000 kg per month and a consignor shall be required to (i) have a method for establishing the mass of a vehicle and the axles and axle units of the vehicle and (ii) keep records of all loads transported from his or her premises;
- The operator shall carry a goods declaration containing specific information regarding the vehicle/vehicles making up the combination, the operator of the vehicle(s) and the consignor(s) and consignee(s);
- The consignor/consignee and operator shall conclude a written agreement for the transportation of goods.
- The operator shall have insurance against incidents.
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