13 December 2016 - NW2632
Alberts, Mr ADW to ask the Minister of Transport
(1)What is the legal provision she relies on for the existence and application of the TRH 11 which deals with the dimensional and mass limitations and other requirements for abnormal load vehicles; (2) which prescriptions determine the maximum dimensions of the loads which may be carried by vehicles for which principle approvals have been issued; (3) on what legal provisions does she rely to require operators of abnormal vehicles to subject their vehicles to the provincial authorities to be sequenced; (4) on what legal provisions do the provincial authorities rely for their authorisation to determine the maximum masses which such vehicles may convey in the process of sequencing; (5) on what legal provisions do authorities rely when laying down standard permit conditions when they issue exemption permits?
(1) The Minister empowered in terms of section 81(1) of the National Road Traffic Act, 1996 (Act No. 93 of 1996) to grant exemptions to motor vehicle due to their designs that do not comply with the provisions of the Act. The “TRH11 Dimensional and Mass Limitations and Other Requirements for Abnormal Load Vehicles” and “TRH11 Administrative Guidelines for Granting of Exemption Permits for the Conveyance of Abnormal Loads” TRH 11 are guidelines document which are used in assisting me in making the decision.
(2) Paragraph 2.2.2 of the TRH11 “Dimensional and Mass Limitations and Other Requirements for Abnormal Load Vehicles” clearly outlines the maximum allowable dimensions under permit of the load which may be carried by the vehicle for which principle approval have been issued.
(3) In terms Section 81 (2) of the Act the MEC may, after the applicant has paid the fees or charges referred to in section 7 (3) and subject to such conditions as he or she may determine, authorise in writing, either generally or specifically, the conveyance in a safe manner on a public road of passengers or any load otherwise than in accordance with this Act. Therefore, the MEC’s are empowered to prescribe any processes for the better management of these vehicles.
(4) As highlighted in paragraph 1 above and in accordance with Section 81(2) of the Act the MECs may use TRH11 and any other conditions in considering any applications.
(5) They may take into consideration the provisions of the TRH11 Administrative Guidelines for Granting of Exemption Permits for the Conveyance of Abnormal Loads in determining permit conditions..