With no moratorium in sight allowing high cube containers on the roads, the transport sector is facing a growing crisis. It remains uncertain when – and even if – the Department of Transport (DoT) will issue a moratorium allowing high cubes to be transported at heights of 4.6m. It is currently illegal to move these containers on South African roads if the height exceeds 4.3m.Various stakeholders have told FTW there is talk of the DoT wanting to take a “new direction” on high cubes.This comes after it committed to industry in December that it would extend the eight-year-long moratorium for a further 18 months while the department studied the impact and safety of these containers on the roads.“ We have been told that they may need to take a ‘different approach’,” said a source.Asked what this entailed he said they had no idea of what the DoT was planning and whether this meant that the moratorium would not be extended. According to various members of the Durban and Cape Town Harbour Carriers’ Associations, it is business as usual after they were advised that they would not need to pay penalties if their containers exceeded the currently legal limit. “Even though penalties can be issued, the department have said they w i ll not enforce as they have not fulfilled their commitment a s yet ,” said Sue Mood ley, chairman of the Durban Harbour Carriers’ Association.Most transporters contacted by FTW said they were continuing to move containers at 4.6m.“It is an unholy situation,” said Quintus van der Merwe, a partner at Shepstone & Wylie. “As matters stand currently it is illegal to move a high cube container at 4.6m.” “Without a gazette notice, local authorities and provinces have the right to enforce the law as it currently stands, with a maximum height of 4.3 m,” said Mike Walwyn, a consultant for the South African Association of Freight Forwarders (Saaff ).Van der Merwe said undertakings by government not to enforce the law did not make the movement of these containers at 4.6m legal.CEO of the Road Freight Association, Gavin Kelly, said RFA members had been advised that moving high cubes at 4.6m was illegal and could have legal ramifications for companies.“I think it is important that this issue be resolved once and for all. Either implement the law or amend the legislation to allow for transport at 4.6m,” he said.
INSERT: Moving high cubes at 4.6m is illegal and could have legal ramifications for companies
