› Media › Default › PDF › RTSMS › Module 14 › 14 Module Legal.pdf Review Date: 01 April RTSOG 14 ROAD TRANSPORT SAFETY ...RTSOG 14 ROAD TRANSPORT SAFETY OPERATION GUIDE

LEGAL

Revision Date: 1 March 2018

Review Date: 01 April 2021 RTSOG 14 ROAD TRANSPORT SAFETY OPERATION GUIDE

Engen Petroleum Limited Health, Safety, Environment and Quality Division Safety And Quality Centre of Excellence, Land Transport Safety

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Engen Division: Various Supply and Operations, COE: HSEQ

Procedure Title: Legal Module

Document Number: RTSOG 14

Next Revision Date: 1st April 2021

Role Review Team Member Designation Date Signature

Prepare Dale Braum Contractor and Land Transport Safety Specialist

Review W Murdzaffa B W Mahmud Head Land Transportation DBE

Review Sandra Redelinghuys COE : Manager Ops and Safety

Review Mzu Zuma HSEQ Legal Specialist

Review

Role Review Team Member Designation Date Signature

Approver

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MODULE 14

LEGAL REGISTER

1.0 INTRODUCTION

Aligning with PETRONAS and ENGEN HSE policy, it states that the Company shall ensure that the facilities which include design, buildings, operations/personnel, products, manufacturing and services provided are in accordance with appropriate legal requirements, industry standard and best practices.

2.0 SCOPE

This Module provides the guideline regulatory requirements for Fleet Management for ENGEN and Hauliers in relation to transportation. These requirements include:

Road tanker manufacturing, inspection and operations

Business premises inclusive of administrative buildings, workshop and associated facilities

Product Handling including of usage of Chemicals and product storage

Employees/BTO internal Safety Management processes which include Work & Rest Hours, Personnel Protective Equipment (PPE), annual medical check-up, competencies and noise protection.

Other local/regional applications or permits.

SANS Codes

Haulier Minimum Documentation Checklist

The requirement stated in this module will take precedence if contradictory to PTS requirement.

3.0 EXPECTED RESULT

With a structured approach, planning and execution in meeting regulatory requirements, it is expected that:

Ensure full compliance of all related regulatory requirements covering all aspects of the business

Reduce exposure to noncompliance to any regulatory requirements that can affect the business.

No incidents which related to non-compliances of legal requirements as part of the root causes or contributing factors.

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4.0 ENGEN LAND TRANSPORT LEGAL REGISTER

Below are the list of all applicable laws under South African Government related to transportation management or business. Hauliers shall keep this list as a Legal Register at their premises to plan for complete compliance and periodic monitoring. This list shall be updated as and when changes of the legislation/regulations occurs.

List of Road Transport Law

Administrative Adjudication of Road Traffic Offences Act No. 46 of 1998

Cross-Border Road Transport Act No. 4 of 1998

Customs and Excise Act No. 91 of 1964

Legal Succession to the South African Transport Services Act No. 9 of 1989

National Land Transport Act No. 5 of 2009

National Land Transport Transition Act No. 22 of 2000 (Act repealed - Regulations only)

National Road Traffic Act No. 93 of 1996

Road Accident Fund Act No. 56 of 1996

Road Accident Fund Commission Act No. 71 of 1998

Road Accident Fund (Transitional Provisions) Act No. 15 of 2012

Road Traffic Management Corporation Act No. 20 of 1999

Road Transportation Act No. 74 of 1977

South African Roads Board Act No. 74 of 1988

South African Transport Services Conditions of Service Act No. 41 of 1988

The South African National Roads Agency Limited and National Roads Act No. 7 of 1998

Transport Appeal Tribunal Act No. 39 of 1998

Transport Deregulation Act No. 80 of 1988

Urban Transport Act No. 78 of 1977

Below is an example of a legal register which should be kept by the haulier. The register must

include the Authority which requires a licence, the validity period of the licence and the Act or

Standard that requires the licence or permit as a minimum. In ENGEN South Africa the legal

register will be kept in Exclaim and in IBD it needs to follow format below.

REF. AUTHORITY LICENSE / PERMIT VALIDITY ACT

1

Authority requiring permit

e.g. Dept. of Transport

The type of permit or licence e.g. Drivers licence or vehicle licence or COR

Time period of validity of the licence

Act which states you need the permit. E.g. Road Traffic Act.

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In Annexure 1 and 2 there is a list of the requirements in terms of South African Law and

Standards. In other countries, the country specific law will apply. The in-country person will

have the legal registers pertaining to the road transport requirements for each country

5.0 HAULIER MINIMUM DOCUMENTATION CHECKLIST Haulier must keep and maintain minimum documents in order to run the business legitimately.

MINIMUM DOCUMENTATION REQUIREMENT CHECKLIST FOR HAULIER

No Document

Profile Types of Documentation Examples File No. Retention Period

A General Administration Documents

Company Organization Chart & Job Description for all positions

Company all related Policies

Drug & Alcohol Policies

Road Transport HSE Policy

No Smoking Policy

Journey Management Policy

B Personal Safety related documents

PPE Inventory & replenishment Checklist

Staff Uniform Inventory & Replenishment Checklist

SDSs and Tremcards for each product handled

BTO PPE Requirement Matrix/Chart

C Company Licenses and Permits

All company/parking base related licenses

COR

Local Council permits/authorisations

OSH ACT

Contracts with Engen

D Operation Manual

Engen RT Management System(RTMS)

Road Transport Safety Operations Guidelines(RTSOG)

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Route Hazard Mapping

Site Hazard Mapping

E Insurance

Worker’s Compensation & Employer’s Liability

Motor Vehicle Liability

Comprehensive General Liability

Cargo In-transit

F BTO Profiles

Driving License and PRDP expiry

Dangerous Goods certificate

Work application record

All training records/certificates attended

Medical profiles, incl. A&D

Disciplinary record, if any

G Road Tanker Profiles

Road Tanker Profile and Status Database

Fire extinguisher certificate

Road Tanker Specification Approval from Engen (Safe loading pass)

Licences/Permits/Certificates

Road Tanker Approved Technical Drawings

Road Tanker Inspection Record

H Training

Annual Training Program/ Training Matrix

Records of all Training per the Matrix

I Employee Remuneration

Annual Performance Review

Incentives & Rewards (if applicable)

Basic Pay

Allowances

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MINIMUM DOCUMENTATION REQUIREMENT CHECKLIST FOR FLEET MANAGER

No Document

Profile Types of Documentation Examples File No. Retention Period

J OTC/GPS

Disciplinary Matrix

Violation Database

Consequence Management i.e.; Counselling Reports; Suspension Reports etc.

Copy of GPS Provider Contract & Services

K Maintenance & Services

Road tanker PM/Trailer Profile

Preventive Maintenance & Corrective Maintenance Database

Pre-Departure Check Records

L Others

BTO Duty Roster Sheet

Behaviour Observation System (BOS) documents

Incidents Reporting & Investigation Reports

Emergency Response Equipment Inventory

Tool Box Meeting Records

Monthly HSE Meeting Reports / Operation Meeting

Engen Circulars & Memorandum

BTO Feedback Form

3rd Party Assessment and Performance Evaluation Documents

Weekly Safety Bulletin Audit Report

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Annexure 1

Below is a list of all the forms/Licence/approvals that may be required for South African Road

Transporters.

FORMS The form names have been published in English only in GNR.846 in Government Gazette 38142

of 13 October 2014. The index in the table hereunder lists the names of the forms referred to in these regulations

alphabetically, with the names of the forms in the first column, the descriptions of the forms in

the second column and the regulation number concerned in the third column. The forms are

contained in the annexure to this Schedule and are arranged in the same sequence as contained in

the index.

Form Description Regulation

ACR Application for certification of roadworthiness 139(1)

ACV Application for certificate i.r.o. motor vehicle 16(1), 64(1)

ADV Application for deregistration of motor vehicle 17(1), 54(3), 55(2)

ADV1 Application for deregistration i.r.o. permanently demolished motor vehicle

55(2), 55(7)

AFA Application and notice i.r.o. approval of training centre 2B(1)

ALA Application for letter of authority in respect of motor vehicle

43(1)

ALV Application for licensing of motor vehicle 24(1), 25(6), 25(8)

ANR Application and notice in respect of traffic register number 335

APD Application for particulars of paper card type driving licence

112(2)

ARN Acknowledgment of receipt of notice i.r.o. motor vehicle 31(3), 53(5), 54(4), 55(3), 55A(2), 65(4)

Application to have learner's or driving licence test deferred

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CCL Confirmation of release of motor vehicle by the South African Police Service

12A, 54(6)

CDV [not published in the Government Gazette] 337A(1)

CNV Change of particulars of notice / Notice in respect of motor vehicle

54(1), 55(1), 55(5), 55A(1), 65(3)

COO Certificate of origin of motor vehicle 8(2)

CR Certificate of registration as authorised officer 1C(1), 1E(2), 132

CRF Certificate of registration as driving licence testing centre, testing station

93(2), 114K

CRI Certificate of registration for instructor 114C(1)

CRNPM Certificate of registration for number plate manufacturer r 49(4)

CRW Certification of Roadworthiness 141(2), 143(2), 144(7)

DCT Declaration in respect of lost documents 109(3), 111(1A), 121(1)

DL1 Application for driving licence 100(3), 106, 108, 108A, 109, 111(1), 112

DL3 Driving licence card 119(2)

DRC Application for duplicate registration / Deregistration certificate i.r.o. motor vehicle

337A(3)

DS1 Application and notice i.r.o. registration of driving school 114G(1), 114L(1)

DSO Notice i.r.o. driving school owner 114G(2), 114L(1)

DTC Application and notice i.r.o. registration of driving licence testing centre

91(1), 94(1)

ELF1 V Application for special classification i.r.o. licence fees 21(1), 21(6)

ELF3 Certificate of special classification i.r.o. licence fees 21(2), 21(6)

ICS Image capture sheet 108(1), 119(1)

ISS Image scanning sheet 108, 119(1)

LCO Motor vehicle licence, licence disc and roadworthy certificate and operator card

25(2), 41, 267(2)

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LCTO Motor vehicle licence, licence disc and roadworthy certificate and operator card

25(2), 41

LL1 Application for learner's licence 103(1), 109(1)

LL2 Learner's licence 105(1)

MC Medical certificate 103(1), 14A(2), 117, 118(2)

MCR Certificate of registration for manufacturer / Builder / Importer

40(2), 47(5), 49

MIB Application and notice i.r.o. registration of a manufacturer / Importer / Builder of vehicles

39(1), 46(1)

MMC Mass measuring certificate 66(1)

MNP Application and notice i.r.o. registration of a manufacturer of number plates

49(1), 50A(1)

MTN1 Application and notice i.r.o. motor trade number and blank, temporary permits

70(1), 79(2), 80(3), 85(1)

MTN2 Certificate of registration in respect of motor trade number

72(2)

MTN3 Motor trade number licence and licence disc 76(2)

MVI Confirmation certificate in respect of motor vehicle 64(3)

MVL1 Motor vehicle licence and licence disc 25(2), 41

MVL1-M Motor vehicle licence and licence disc and roadworthy certificate disc

25(2)

MVL1-RW Motor vehicle licence and licence disc and roadworthy certificate

25(2), 41

MVL2 Assessment for licensing of 30(1), 78(1)

MVLX Motor vehicle licence 25(2)

MVR1-MIB / MVR1-VIB

Application for initial registration of a motor vehicle 8(1)

NCD Notice to collect document 108, 119, 126

NCO / NCO Notification of change of ownership / sale of motor vehicle 53(3), 53(4)

NCP / KVB Notification of change of address or particulars of person or organisation

32A(3), 52(1), 52(2), 79(1), 79(2), 113

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NL / KL Notice i.r.o. licensing of vehicle 30(6)

NRD / NRD Receipt in respect of confiscated document 335B

NRL Notice to apply for registration / Licensing of motor vehicle 30(6)

NTDVT Notice to discontinue operation of motor vehicle / notice to present vehicle

147(1), 148(1)

NVM / KVM Notification of vehicle model 41

OP6 / OP6 Notice in respect of performance of operator 271(1)

PD1 / PD1 Application for professional driving permit 118(1), 119(1), 121(1)

POD / BVB Particulars of paper card type driving licence 112(2)

RC1 / RS1 Certificate of registration in respect of motor vehicle 13(2A), 16(3)

RC1-M Temporary certificate of registration 13(2B)

RI / RI Application and notice i.r.o. registration as instructor 114A(1)

RLF / TLG Application for refund of licence fees 37(2)

RLV / RLV Application for registration and licensing of motor vehicle 8(1), 24(1), 25(6), 25(8)

RNC / RNS Traffic register number certificate 335

RO / RB Application and notice i.r.o. registration of authorised officer

1B

ROO Application and notice i.r.o. registration of an operator 266A(1)

RTS / RTS Roadworthiness test sheet 141(1), 144(7)

SOA / BVK Affidavit i.r.o. motor vehicle 9

SP Special permit 87(2)

TDL / TBL Temporary driving licence / Driving permit 100

TLL Theory test for learner's licence 104(3)

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TP Temporary permit 87(2), 87(3)

TS1 Application and notice i.r.o. registration of testing station 130(1), 133(1)

TSP1 Application for temporary / special permit 85(2)

VDC / VDS Certificate of deregistration in respect of motor vehicle 17(3), 54(4), 55(3)

VDSCD Affidavit i.r.o. vehicle directional stability control device 139(1), 141(2)

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Annexure 2 The following table lists the SANS standards that are applicable for Land Transport and should be

complied with.

Regulation Description SANS 1518:2005 Transport of dangerous goods -

design requirements for road vehicles and portable tanks

SANS 10228:2012 The identification and classification of dangerous goods for transport

SANS 10229-1:2010 Transport of dangerous goods - packaging and large packaging for road and rail transport part 1: packaging

SANS 10231:2014 Transport of dangerous goods by road – operational requirements

SANS 10232-1:2007 Transport of dangerous goods – emergency information systems – part 1: emergency information system for road transport

SANS 10232-3:2011 Transport of dangerous goods – emergency information systems – part 3: emergency response guides (“erg”)

SANS 10232-4: 2012 Transport of dangerous goods-emergency information systems – part 4: transport emergency card

SANS 10233: 2011 Transport of dangerous goods – intermediate bulk containers for road and rail transport