New South African legislation endorses 15 hours of drive time for truckers

This opinion piece refers to the Government Gazette Amendment Draft of 8 June 2012, 35413. I quote various commentaries including Messrs Campbell and Ramsden, who amongst many others, are more qualified than myself to make comments on Legislation includin

These essentially will apply to trucks but of course taxis are exempt. Our government and safety legislators can talk all day but when in my opinion it comes down to the realities, there always seems a loophole just when a strong policy decision is an opportunity begging to be taken.

Take the example of the driving rules from the European Union, in summary they are,
A. A break of 45 minutes after 4.5 hours of driving

B. Daily driving: A maximum of 9 hours, extendable to 10 no more than twice a week

C. Weekly driving: Maximum 56 hours

D. Two weekly driving: Maximum 90 hours in a two-week period.


The revised South African Draft which operators on our roads are expected to follow, is summarised as follows,
A. A maximum of 5 hours continuous driving time

B. A total maximum of 15 hours driving time in a period of 24 hours

C. A resting period of a minimum 15 minutes AND a minimum total of 30 minutes accumulated during the period of five hours and 30 minutes

D. A minimum continuous period of nine hours in a period of 24 hours (sic) (Note the contradiction of B).


Excuse my total surprise for the following reasons,
· Has South Africa ever convicted an operator for exceeding driving hours? I would really love to know.

· Or a driver?

· Have the drafters of this document actually considered and “done” what they propose, i.e. Mr. Minister have you ever driven 15 hours in a day, continuously?

· Isn’t it a consideration that in a country with long monotonous stretches of road to consider applying shorter rest period times for the following reasons,

a. Drivers should stop anyway say every two hours maximum to check the vehicle, tyres and load?

b. A break every two hours refreshes the legs and gets the circulation going?


In fact, excuse my cynicism, the first time I reviewed this Draft, I actually considered that an unethical operator had undue influence in the compilation of these rules. I cannot think or consider any ethical operator who comes close to operating these abusive hours. I think that is why in the main our best operators are exactly that. They would never consider allowing their drivers to work these excessive hours.

In summary, I am dumbfounded. In a country where we’re trying to make the transport sector, specifically long distance drivers a career prospect and considering the high levels of unemployment, surely this is the last thing a prospective entrant wants to see?

I am not saying, apply the EU rules, but this Draft is abusive.

What does the Department of Labour have to say on these hours?

The Draft goes on to further “accommodate” dual drivers, which is another surprise.

In summary, in my opinion, this Draft legislation does nothing less than entrench the abuse that exists with unethical operators.

Can anybody set the record straight?

I would be very happy to listen and take comfort if I was wrong. Until then I have to suggest this legislation is poor judgment but there is an underlying thought that just won’t go away––that someone drafting this has applied hours that accommodate abusive behaviour. I hope to be wrong and look forward to the record being set straight if I am.