The above-mentioned draft Bill is hereby published for public comments. Interested persons are invited to submit written comments on the draft Bill by not later than 22 May 2009 . Submission should be posted to the Director General Department of Transport for the attention of T.H.
Mr. TREVOR MPHAHLELE THE DEPARTMENT OF TRANSPORT PRIVATE BAG X193 PRETORIA
Tel: (012) 309 3481 Fax: (012) 309 3134 Mphahlet@dotgov.za.
To give effect to the International Convention for Safe Containers, and for related matters.
"the Republic" includes the Prince Edward !
"this Act" includes the regulations.
Subject to this Act, Articles II to VI of the Convention have the force of law as part of the law of the Republic.
Without limiting subsection (1).
the circumstances in which the Authority must obtain the consent of another specified authority in the choice of the person or persons to be authorised to conduct an inquiry under section 1O(1).
authorise the continued detention of a container after its contents have been removed. except if an inspector believes on reasonable grounds that there is about to be a contravention of a regulation about the transportation of containers made under subsection (2)(a) or (b).
When boarding any vehicle or entering any place described in section 81}, an inspector must, if so required, show the certificate to the person in charge the vehicle or place.
examine any record or document required by the regulations to be kept, and make copies or extracts.
If an accident or incident involving a container results in death or injury to any person, danger to the health or safety of the public or damage to property or the environment, the Authority may direct an inquiry to be made into the accident or incident and may, subject to the regulations, authorise to conduct the inquiry any person or persons who in the Authority's opinion are qualified to be so authorised.
For an inquiry, the person or persons authorised by the Authority under subsection (1) have all the powers conferred upon a court of marine enquiry by subsections (1)(i) to (vi) and (4) of section 90f the Merchant Shipping Act, 1951 (Act No. 57 of 1951), and subsections (2) and (3) of that section apply accordingly.
However, if the concurrence of another person Was obtained in relation to the choice of the person or persons to be authorised to conduct an inquiry, the report, or any portion thereof, may not be published unless that other person consents to publication.
A regulation may make provision in terms of any document that the Minister or the Authority considers relevant from time to time, without stating the text, by mere reference to the number, title and year of issue of that document or to the other particulars by which that document can readily be identified, and any provision so made is, in the absence of a contrary intention, taken to have been made in terms of the relevant document as revised or re-issued from time to time.
A copy of the complete text of each document, as revised or re-issued from time to time, in terms of which provision is made under paragraph (a), is to be kept at the place or places in the Republic that the Authority directs and is to be available for public inspection.
To avoid doubt, section 31 of the Standards Act, 1993 (Act 1\10.29 of 1993), does not affect the operation of this subsection.
A person who contravenes a provision of this Act commits an offence punishable upon conviction by a fine or by imprisonment for a period not exceeding two years.
deposits with the Authority the sum required of him or her. which sum is not to exceed the maximum fine that may be imposed under subsection (1).
the Authority may, after the inquiry that it thinks fit, determine the matter summarily and may. without legal proceedings, order the whole or any part of the deposit to be forfeited by way of a penalty.
The imposition of a penalty under subsection (3) is taken not to be a conviction of an offence; however, no prosecution in respect of the offence in question may thereafter be instituted.
This Act continues in force until a day fixed by the President by proclamation in the Gazette following denunciation of the Convention by the Republic or the termination thereof in accordance with Article XII.
Repeal of Act 11 of 1985 14. The International Convention for Safe Containers Act, 1985 (Act No. 11 of 1985), is repealed.
This Act commences on a day fixed by the President by proclamation in the Gazette; but the day so fixed in relation to Part 2 of the Schedule may not be a day before the day on which the amendments to the Convention set out in that Part enter into force for the Republic in accordance with Article IX, paragraph 2(c) of the Convention.
RECOGNIZING. in this context.
at least 7 m2 (75 sq ft) if it is fitted with top corner fittings. The term "container" includes neither vehicles nor packaging; however, containers when carried on chassis are included.
"International transport" means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention applies. The present Convention shall also apply when part of a transport operation between two countries takes place in the territory of a country to which the present Convention applies.
"Owner" means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the owner's responsibility for maintenance and examination of the container by such lessee or bailee.
"Type of container" means the design type approved by the Administration.
"Type-series container" means any container manufactured in accordance with the approved design type.
"Prototype" means a container representative of those manufactured or to be manufactured in a design type series.
"Maximum operating gross weight" or "rating" or "R" means the maximum allowable combined weight of the container and its cargo.
"Maximum permissible payload" or "P" means the difference between maximum operating gross weight or rating and tare weight.
1 . The present Convention applies to new and existing containers used in international transport, excluding containers specially designed for air transport.
Every new container shall be approved in accordance with the provisions either for type-testing or for individual testing as contained in Annex I.
For the enforcement of the provisions of Annex I every Administration shall establish an effective procedure for the testing, inspection and approval of containers in accordance with the criteria established in the present Convention, provided. however. that an Administration may entrust such testing, inspection and approval to organizations duly authorized by it.
An Administration which entrusts such testing. inspections and approval to an organization shall inform the Secretary-General of the InterGovernmental Maritime Consultative Organization (hereinafter referred to as "the Organization") for communication to Contracting Parties.
Every container shall be maintained in a safe condition in accordance with the provisions of Annex I.
If an approved container does not in fact comply with the requirements of Annexes I and II the Administration concerned shall take such steps as it deems necessary to bring the container into compliance with such requirements or to withdraw the approval.
Approval under the authority of a Contracting Party, granted under the terms of the present Convention, shaH be accepted by the other Contracting Parties for all purposes covered by the present Convention. It shall be regarded by the other Contracting Parties as having the same force as an approval issued by them.
Every container which has been approved under Article III shall be subject to control in the territory of the Contracting Parties by officers duly authorized by such Contracting Parties. This control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is significant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carrying out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service.
Where the container appears to have become unsafe as a result of a defect which may have existed when the container was approved, the Administration responsible for that approval shall be informed by the Contracting Party which detected the defect.
The present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the Organization at London by all States Members of the United Nations or Members of any of the specialized agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.
Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the Organization (hereinafter referred to as "the Secretary-General").
1 . The present Convention shall enter into force twelve months from the date of the deposit of the tenth instrument of ratification, acceptance, approval or accession.
For each State ratifying. accepting, approving or acceding to the present Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force twelve months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.
If adopted by a two-thirds majority of those present and voting in the Assembly, and if such majority includes a twothirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the SecretaryGeneral to all Contracting Parties for their acceptance.
Article VII shall be invited will be convened by the Secretary-General.
1 . Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organization at the request of that Party.
If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization to which all Contracting Parties shall have been invited to participate and to vote, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, such amendment shall be communicated by the SecretaryGeneral to all Contracting Parties for their acceptance.
Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption unless, by a prior date determined by the Maritime Safety Committee at the same time, one fifth or five of the Contracting Parties, whichever number is less, notify the Secretary-General of their objection to the amendment. Determination by the Maritime Safety Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting, which majority shall include a two-thirds majority of the Contracting Parties present and voting.
The Secretary-General shall inform all Contracting Parties and Members of the Organization of any request and communication under this Article and the date on which any amendment enters into force.
Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a conference to which the States referred to in Article VII shall be invited. Upon receipt of notification of concurrence by at least one third of the other Contracting Parties, such a conference shall be convened by the Secretary-General to consider amendments to the Annexes.
1 . Any dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these two arbitrators shall appoint a third arbitrator, who shall be Chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the Chairman, any of the parties may request the Secretary-General to appoint an arbitrator or the Chairman of the arbitration tribunal.
Reservations to the present Convention shall be permitted, excepting those relating to the provisions of Articles I to VI, XIII, the present Article and the Annexes, on condition that such reservations are communicated in writing and, if communicated before the deposit of the instrument of ratification, acceptance, approval or accession, are confirmed in that instrument. The Secretary-General shall communicate such reservations to all States referred to in Article VII.
Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notification to the SecretaryGeneral.
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General, who shall communicate certified true copies to all States referred to in Article VII.
IN WITNESS WHEREOF the undersigned* Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.