Bakkies and trailers offer South African motorists a convenient way to haul cargo and other payloads, but the catch is that drivers cannot do as they wish; they must obey the law.
South African authorities have been hard at work removing overloaded vehicles from the road before they can cause crashes, which can happen in any number of ways.
In some instances, vehicles with major payloads become top-heavy as a result of poor loading and end up toppling as a result of poor weight distribution, causing severe accidents.
Other incidents occur when payloads obstruct drivers’ views, leading to poor decision-making on the road as a result of limited line of sight.
Sometimes bakkies or trailers even lose their payloads while travelling on the highway, causing crashes behind unsuspecting drivers who incorrectly secured cargo before taking to the road.
The law is very clear that it is the vehicle operator’s responsibility to ensure that cargo is correctly secured and adequately fastened, and to ensure that cargo is not lost mid-haul.
Arrive Alive explains that the only specific provision in the National Road Traffic Act that addresses hauling cargo is Regulation 246.
It also clarified that Section 49 makes it the responsibility of a vehicle’s operator to ensure that they conduct their business safely.
Regulation 246 breaks down the manner in which goods are to be carried, while Section 49 outlines the duties and responsibilities of drivers and operators who do carry payloads.
Much of the legislation pertains to trucking and freight-hauling, but regulations still apply to drivers who carry goods in their personal capacity.
What the law says
Regulation 246 details that no person may operate any vehicle with a load on a public road if the load comes into contact with the surface of the road, although a chain may make contact with the road.
Loads may not be carried in a manner that obscures a driver’s view of traffic in front of them, or obscures either side view, rear view, or any view by way of the vehicle’s mirrors.
The regulation further outlines that if cargo or a payload is not contained within the body of the vehicle or securely fastened onto the vehicle in a way that it won’t dislodge, it is prohibited from public roads.
To ensure that no vehicle is loaded in a manner that causes it to become top-heavy, the regulation stipulates that if a load is fastened to the roof of a vehicle, it cannot exceed half the height of the vehicle.
It does, however, make provisions for bicycles and other pedal cycles in this section.
Section 49, which outlines the duties of the vehicle’s operator, mostly applies to large trucks, but it does stipulate that drivers need to take care to obey all traffic laws.
It obliges drivers to ensure that they operate a vehicle in accordance with the National Road Traffic Act when hauling any cargo on a public road, as well as the provisions for the loading and transportation of goods.
Arrive Alive shared some advice from Barloworld Transport regarding the moving of payloads.
To ensure that cargo is protected, Barloworld suggests ensuring it is covered with tarpaulins or nets and straps to ensure that loads are adequately secured.
Poor packaging and poor strapping are the most likely factors that could lead to a load shifting or being lost during transport.
According to Barloworld, it is the driver’s responsibility to monitor loads during transit and take special consideration with bagged products like cement. Drivers need to resecure straps as the product settles.
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