Question NW883 to the Minister of Transport
25 April 2023 - NW883
Breedt, Ms T to ask the Minister of Transport
(1)Whether, with reference to the fact that high cube intermodal containers at a laden height exceeding 4 300 mm remain technically in contravention of relevant South African road regulations, yet comprise 90% of containers used worldwide and the majority in use across the Republic and Southern Africa, which legal anomaly creates a risk for South African, regional and global freight trade and has been identified as a possible contravention of the Southern African Development Community Protocol on Transport, her department intends to resolve the longstanding impractical legislative impasse by suspending, repealing and/or amending the relevant regulations; if not, why not; if so, what are the relevant details; (2) whether an ongoing moratorium on enforcement will be applied until such time as the legislative changes have been instituted; if not, why not; if so, what are the relevant details; (3) whether she will make a statement on the matter?
Reply:
1. The high Cube Containers are regulated by Section 224(b) of the National Road Traffic Regulation 2000,issued under the National Traffic Act 1996 (Act No. 93 of 1996 ) wherein an exemption was granted in 2011 ( Government Gazette No. 34621) , extended in 2021, to exempt the operation in the Public roads of motor vehicles transporting international Standards Organisation (ISO) containers with a height exceeding the permitted high of 4300 metres. The road freight industry made a plea to the Minister to allow transportation of high cube containers to permissible height approximately 4600 meters as part of global standards practice when containers are transported on skeletal or low bed trailers. It was reported that the containers are transported across SADC region on the 4 600 meters and coming in to South Africa ,cargo owners are faced law enforcement officers and punitive measures , that the high cube as part with containers cause damage to the bridges-all these factors are going to be researched to establish scientific facts and operational efficiency that may lead to review and /or amendment of the Regulations 224(b). The research seeks to find a balance on the economic impact for operators and the unintended damage to the road infrastructure whilst maintaining the elements of road safety strategy.
(2) Yes, the moratorium has extended until further notice, with effect from 31 March 2023- Government Gazette No. 48348. The Department of Transport shall advise on the developments and way forward with regard to the lifting of the moratorium in due course
(3) Yes, Minister of Transport has issued a Government Gazette No. 48348 to that effect to inform the sector and law enforcement agencies, and this will be issued and broadly circulated to all affected and interested stakeholders in the transportation sector.