Draft Tripartite Vehicle Load Management Strategy and Implementation

Draft Tripartite Vehicle Load Management Strategy and Implementation Plan Mike Pinard & Janette Botha

Objective of Presentation l To appraise stakeholders of the Draft Tripartite Vehicle Load Management Strategy and Implementation Plan as a basis for its discussion, amendment where necessary, and approval for adoption and implementation in the East and Southern Africa region.

Outline of Presentation l Introduction l Pre-requisites for Effective VLM l Holistic Enabling Framework for Undertaking VLM l Tripartite Vision for VLM l Strategic Element 1 – Institutional Arrangements l Strategic Element 2 - Legislation

Prerequisites for Effective VLM l The existence of a holistic enabling framework that is conducive to translating the Tripartite Vision on VLM into practice including: Ø Vision, policy and strategy Ø Programmes, projects and plans Ø Implementing institutions Ø Monitoring and evaluation

Holistic Enabling Framework for Undertaking VLM

Tripartite Vision on VLM The Tripartite Vision involves a shared understanding with its stakeholders as regards where the region is heading with its VLMI and what it will be like when it gets there. “ Where there is no vision the people will perish” (Proverbs 29. 18).

Enabling Framework for VLM

Tripartite VLM Vision Visio n Reduce overloading to < 5% by 2020 Improved preservation of road infrastructure Reduced transport costs More efficient and effective inter-regional transport and trade l Increased economic growth and development l Reduced poverty/increased standards of living l l

Tripartite VLM Policy l Tripartite policy on VLM embedded in Draft Mo. U that reflects Vision and guides Strategy by providing a set of guiding principles that are linked directly to regional/national policy. l Mo. U informed by: Ø Resolutions emanating from regional workshop organized by SSATP/COMESA/ 3 RECs and held in Nairobi, Kenya on 9 -10 May, 2008 Ø Meeting of Ministers responsible for transport in SADC and held in Swakopmund on 15 May, 2009 Ø Third meeting of COMESA infrastructure Ministers held in Djibouti in October, 2009. Ø EAC Vehicle Load Control Bill, 2012 that was approved by the EAC Multisectoral Council of Ministers meeting held in Nairobi on 17 February, 2014 and is awaiting signature by all EAC Heads of State. l Above meetings have approved all key/major elements of Tripartite VLM.

National VLM Policy Existing situation Ø Lack of an appropriate enabling framework for VLM in a number of ESA countries Ø Often neither a coherent Government policy on VLM in place nor a full appreciation in Ministries of Finance of the adverse impact of overloading on the economy Ø Still a lack of awareness in some ESA countries of the Tripartite proposals on VLM. Recommendations Ø All countries without an appropriate enabling framework for VLM policy should set about establishing one through a participatory approach involving both public and private sector stakeholders. Ø Sub-regional bodies such as ASANRA, FESARTA, FCFASA and FEAFFA, should engender awareness amongst their members of the existence, details and importance of the Tripartite policy on VLM.

Enabling Framework for VLM

Strategic Element 1 – Institutional Arrangements Strategy To ensure that there appropriate institutional arrangements in place at Tripartite, regional and national levels to implement the VLM vision through the formulation of a harmonized policy and strategy and facilitated by the development of appropriate programmes and plans that are efficiently and effectively implemented and monitored.

Strategic Element 1 – Institutional Arrangements

Tripartite Task Force on VLM (TTFVLM) Composition of TTFVLM Ministries responsible for roads and transport; Transport regulatory agencies or departments; CEOs of national roads authorities (or similar bodies including representatives from ASANRA, and similar institutions in other regions, to facilitate cooperation amongst road asset owners; Ministries or authorities responsible for customs; The private sector, as represented by FESARTA; Corridor management groups and committees; Regional associations of clearing and freight forwarding assoc.

Tripartite Task Force on VLM (TTFVLM) Functions of TTFVLM Develop, monitor and continuously review the effective implementation of harmonised vehicle load control policies, standards and measures. Develop model legislative provisions for promulgation by individual member states, including model regulations, schedules and annexes that are required to be implemented in terms of the model legislative provisions. Develop programmes for training, capacity building and awareness creation amongst stakeholders. Initiate policies to improve the efficiency of the regional network of weighing stations and any related trade facilitation matters.

Tripartite Task Force on VLM (TTFVLM) Functions of TTF-VLM (Cont’d) Establish a central coordination and data centre for the regional network of weighing stations. Advice and report to the Tripartite organs on any matter necessary for effective vehicle load control. Monitor, evaluate and publish regionally consolidated reports on various aspects of vehicle load control.

Institutional Arrangements – National Level

Typical Weighbridge Staffing Requirements

Institutional Arrangements Existing situation Ø Currently no over-arching arrangements at Tripartite level for effecting policy coordination and strategy development of VLM requirements Ø At national level, many of the institutional arrangements that exist in some countries are not commensurate with the developments that have taken place in VLM and with the advances that have occurred in weighbridge infrastructure technology Recommendations Ø Need to establish TTF on VLM advisory body within existing TTF on Infrastructure and to appoint representatives as noted previously. Ø Need to establish VLM advisory body at national level and to appoint representatives as noted previously Ø Need to assess the adequacy of existing staffing arrangements at WB units and to upgrade them as necessary.

Enabling Framework for VLM

Strategic Element 2 - Legislation Policy objective l Provide the Tripartite region with a modern, progressive, regionally harmonized Act and Regulations on VLM by way of a legally binding Mo. U Strategy l Develop and validate a Tripartite Mo. U based on the EAC Act and Draft Regulations, customized to suit the legal environment in each Tripartite country

Law and Institutional Structure Law establishes institutions and institutions determines law Proliferation of institutions prevents goal oriented law enforcement

A Typical Overload Law Enforcement Institutional Structure Court Prosecutor Police Traffic Police • Reports to police Weighbridge operator • Reports to Roads Authority • Reports to Police • Reports to Justice Fine paid into central revenue fund • Independent (Justice) • Minister of Finance

MOU: Policy Reform Decriminalise the carriage of loads in excess of legal load limits and introduce a system of administrative control of vehicle loading Combat non-compliance with legal load limits by imposing financial sanctions, mobility restrictions, administrative sanctions and points demerit systems in response to noncompliance Vest primary responsibility for overload control in Roads Authority Overload fees to be applied to road maintenance and rehabilitation

MOU: Policy Reform (Continued) Encourage voluntary compliance with legal load limits and, to this end, agree to facilitate regional partnerships between the public and private sector Take all necessary steps to implement appropriate control measures to combat corrupt practices in the management of vehicle loading Encourage broad-based private-sector investment in the provision and operation of weighing stations Monitor the adequacy of overload control and the regional network of weighing stations

What’s new? Harmonisation of legal definitions in accordance with technical definitions Formula for calculating overload fee Electronic payment of security bond equal to the overload fee, which is refundable if after the administrative process the operator is not found liable Fee for absconding Permissible mass is the least of the mass allowed by the tyre manufacturer, the vehicle manufacturer, road design or bridge formula Plating

Criminal Offence Elements of Criminal offence Legality Action Unlawful Culpability

Punishment Theories Absolute Theory Retribution Relative Theory Prevention Deterrent Unitary Theory Reform To Individual To Public

Decriminalisation Entails: Convert the offence by law to an administrative offence Adjudicate the offence in terms of the administrative law No justification for imprisonment Administrative justice The other side must be heard You cannot be prosecutor and judge Requirements for validity of administrative action Fair (inclusive of the right to be heard) Non-biased No ulterior purpose Reasonable

Prerequisites for Decriminalisation The mass measuring equipment must be reliable The system must be automated, limiting human intervention The system that is implemented must be cost effective (the system cannot cost more than the savings it effects) The system must be easy for operators to understand The system to be implemented should be simpler than the current system Compliance with the system by foreigners must be ensured Strict adherence to administrative law principles

Formula for calculation of overload fee estimation of the cost of an ESA/km estimation of the average distance that an overloaded vehicle travels before it gets apprehended estimation of the level of apprehension determination of a punitive factor Overload Fee = [Cost of ESA/km] x [Distance travelled] x [Level of appreciation factor] x [punitive Factor]

Financial Restrictions and Demerit Points: The Namibian Example ESTIMATED OVERLOAD FEE AND PROPOSED DEMERIT POINTS DUE TO OVERLOAING HV TYPE 1 -1 O/L Fee(N$) Dem. Points 1 -2 O/L Fee(N$) Dem. Points 1 -1 -1 -1 O/L Fee(N$) GROSS VEHICLE MASS OVERLOAD (t) 1 2 350 3 5 6 7 8 9 10 11 12 13 14 15 16 765 1, 253 1, 823 2, 484 3, 245 4, 115 5, 105 6, 226 7, 488 8, 901 10, 47912, 33414, 17916, 32618, 688 1 1. 5 4 2 3 4. 5 3 6 7. 5 4 9 10. 5 5 13. 5 12 6 7 15 16. 5 8 18 9 10 11 12 19. 5 21 22. 5 24 489 1, 067 1, 743 2, 531 3, 442 4, 487 5, 679 7, 032 8, 561 10, 27912, 19914, 33916, 81519, 34522, 24425, 429 1 1. 5 3 4. 5 6 7. 5 2 9 10. 5 12 3 13. 5 15 4 16. 5 18 5 19. 5 21 6 22. 5 24 588 1, 281 2, 029 3, 034 4, 122 5, 369 6, 790 8, 402 10, 22012, 26014, 54117, 08119, 88923, 01526, 44730, 218 1 2 4 6 2 8 10 12 14 16 3 18 20 4 22 24 5 26 28 6 30 32 628 1, 369 2, 233 3, 239 4, 400 5, 729 7, 243 8, 959 10, 89613, 07015, 49718, 19921, 19624, 51128, 16232, 170 1 2 3 4 5 6

Financial Restrictions and Demerit Points: The Namibian Example

Corruption Net utility of corruption =f {income from corruption legitimate/fair income strength of political institutions moral and political values of society probability of being caught and punished}

Permissible Mass: Permissible Wheel, Axle and Axle Unit Mass Carrying Capacity of Tyres = the Least of Permissible Wheel/Axle Unit Mass Carrying capacity of Axle/wheel according to manufacturer Carrying capacity of road in accordance with design and construction

Permissible Mass: Permissible vehicle or vehicle combination mass Sum of all permissible axle masses Gross vehicle/combination mass according to manufacturer The least of Permissible Vehicle/Combination of Vehicles Mass Power/Mass ratio Permissible Axle Mass of Driving Axle /Total Mass Ratio Carrying capacity of bridges in accordance with common bridge formula 56 tonnes

Way Forward Validation Workshop Signature In-country Ratify MOU Develop Country Strategy Amend/ Substitute current overload legislation Establish relevant institution/s Appoint relevant persons Procure relevant equipment, ICT and fixed assets

THANK YOU Adv Janette Botha Latamus Legal Consultants janette@latamus. co. za

Thank you