National Land Transport Act, 2009 (Act No. 5 of 2009)

Chapter 4 : Transport Planning

37. Freight transport

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(1)Subject to requirements prescribed by the Minister under section 36(2), planning authorities must develop a freight transport strategy, with due regard to national and provincial policy, covering the transporting of goods to, from and through the area by road, taking into account—
(a)the movement of goods to, from, and through the area by rail or pipeline; and
(b)the movement of goods to and from ports or airports.

 

(2)The strategy contemplated in subsection (1) must identify routes for moving goods so as to promote their seamless movement and to avoid conflict with road traffic.

 

(3)The strategy must also include a plan for the movement of dangerous substances contemplated in section 2(1) of the Hazardous Substances Act, 1973 (Act No. 15 of 1973), by road along designated routes in accordance with the general strategy or plan provided for in the relevant Provincial Land Transport Framework.

 

(4)A person must not transport dangerous substances in the area of a planning authority except on a route so designated and indicated in an integrated transport plan, where such a route has been determined and published.

 

(5)Any person who contravenes or fails to comply with subsection (4) is guilty of an offence.

 

(6)By virtue of the deregulation of the road freight industry effected by the Transport Deregulation Act, 1988 (Act No. 80 of 1988), planning authorities must collaborate with the MEC and registering authorities contemplated in the National Road Traffic Act, to promote effective regulation of freight operations by means of the operator card system provided for in Chapter VI of the National Road Traffic Act, to prevent damage to the road system and to achieve the other objects of this Act.