The industry has high hopes that more relaxed legislative measures will be instituted to allow transporters to move high-cube containers at heights of 4.6m.According to Regulation 224(b) of the National Road Traffic Act, containers that are transported on the back of a trailer may not exceed a height of 4.3m. This is not a problem for standard containers, which are 2.6m high. High cubes, however, have an overall height of 2.9m, so that when transported on the back of a trailer they exceed the 4.3m height limitation by 30cm at 4.6m.Industry and government have been at loggerheads for years over this regulation, which prohibits the movement of these containers at a height of 4.6m.In most neighbouring states, the legislation for high-cube transport is 4.6m – making it problematic when traversing through South Africa, where the height requirement is 4.3m. There have been warnings about the impact that this legislation could have on cross-border trade.According to Mike Walwyn, chairman of the Port Liaison Forum in the Western Cape, high-cube containers constitute the overwhelming majority of containers currently manufactured and transported internationally, including in neighbouring states.Over the years, industry has called on the minister of transport to review the applicable regulation so as to permit the transportation of high-cube containers on South African roads. Most stakeholders maintain that the country can ill afford the regulation, which they consider costly and time-consuming. Should the regulation be enforced, it would require an overhaul of most of the country’s trailer infrastructure, which is simply not affordable.While a moratorium on the regulation has allowed for the transport of high cubes at a height of 4.6m for many years, this has since been lifted, making it illegal practice. However, the government has agreed that while the matter remains in dispute, it will not stop high-cube container transporters and won’t issue fines. According to Walwyn, at recent meetings Transport Minister Fikile Mbalula had indicated that he was considering instituting legislative relaxation measures in respect of high-cube containers, allowing them to be the same height as double-decker buses.“This is a very positive development that industry welcomes,” he said. “It will bring clarity to the industry and to the sector if and when applied.”Walwyn also pointed out that this relaxation did not require a legislative process to be undertaken.“Regulation 224(b) is only a regulation and is not enshrined in the national act. Changes can be gazetted by the minister or the department of transport without the input of Parliament,” he said. “Also, it must be noted that just four words within the existing regulation need to be amended to change the current status quo and clarify the situation for everyone."
