| (1) |
The dangerous goods inspectorate shall— |
| (a) |
evaluate consignors, consignees and operators to determine their compliance with the provisions of the Act and the standard specifications; |
| (b) |
conduct investigations into the procedures followed by a person or body of persons in relation to the requirements for the transportation of dangerous goods; |
| (i) |
every incident that must be reported in terms of SABS 0231 "Transportation of dangerous goods - Operational requirements for road vehicles"; |
| (ii) |
dangerous goods regulated under these Regulations and exempt quantities thereof; |
| (iii) |
routes frequently used for the transportation of dangerous goods; |
| (iv) |
operators transporting dangerous goods; and |
| (v) |
offences and infringements related to the transportation of dangerous goods; |
| (d) |
advise the Minister on matters related to the transportation of dangerous goods; |
| (e) |
assist traffic officers in the execution of their powers and duties in respect of the transportation of dangerous goods; and |
| (f) |
keep abreast with international developments concerning the transportation of dangerous goods. |
| (2) |
A dangerous goods inspector employed by the dangerous goods inspectorate may enter any motor vehicle on or in which any substance suspected to be dangerous goods is or is suspected to be transported, or enter any premises on or in which any other operation or activity relating to such transport with or in connection with any such substance is or is suspected to be carried out, and may, subject to the provisions of the Act— |
| (a) |
inspect or search the vehicle or premises, or examine, or extract, take and remove samples of, or direct an approved authority to examine, extract or remove, any substance found in or upon such premises, or any packaging, receptacles, unit loads, bulk containers and bulk transportation equipment or other objects so found which is or is suspected to be used, or destined or intended for use, for, in or in connection with the transport of dangerous goods, or for, or in connection with any other operation or activity with or in connection with the transport of dangerous goods, or open or direct an approved authority to open any packagings, receptacles, unit loads, bulk containers and bulk transportation equipment suspected to contain such dangerous goods; |
| (b) |
detain a vehicle which is on reasonable grounds suspected of not complying with these regulations, for the purposes of exercising any of the powers of a dangerous goods inspector under this regulation; |
| (c) |
demand from the driver, operator or any person in charge of the vehicle or premises, to produce any document prescribed under these regulations; |
| (d) |
demand any information regarding any substance or packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects from any person in whose possession or charge it is or from the operator or person in charge of the vehicle or premises; |
| (e) |
weigh, count, measure, mark or seal, or direct an approved authority to weigh, count, measure, mark or seal, any substance or packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects or lock, secure, seal or close any door or opening giving access to it; |
| (f) |
examine or make copies of, or take extracts from, any book, statement or document found in or on the vehicle or premises and which refers or is suspected to refer to the substance, packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects; |
| (g) |
demand from the operator or any person in charge of the vehicle or premises or from any person in whose possession or charge such book, statement or document, an explanation of any entry therein; |
| (h) |
inspect any operation or process carried out in or upon the vehicle or premises in connection with any activity referred to in paragraph (a); |
| (i) |
demand any information regarding the operation or process referred to in paragraph (viii) from the operator or person in charge of the vehicle or premises or from any person carrying out or in charge of the carrying out of such operation or process; and |
| (j) |
seize any substance, book, statement or document or other packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects which appears to provide proof of a contravention of any provision of this Act. |
| (3) |
If a dangerous goods inspector intends to exercise or perform any power, duty or function under these regulations in the presence of any persons affected thereby, he or she shall, on demand, produce the appointment certificate issued to him or her under regulation 282. |
| (4) |
Notwithstanding the provisions of this regulation, a dangerous goods inspector or an approved authority shall not open dangerous goods packages, or unload or decant dangerous goods unless— |
| (a) |
the operator was duly notified; |
| (b) |
such unloading, decanting or opening of packages is authorised by the local authority concerned; and |
| (c) |
a qualified person supervises the unloading, decanting or opening of packages; |
| (5) |
If the dangerous goods inspectorate finds after an investigation in terms of these Regulations, that an operator has committed an offence in terms of these Regulations or does not comply with these Regulations, it must request the MEC concerned to act in terms of section 50 of the Act, providing reasons for the request. |
[Regulation 283 substituted by regulation 59 of Notice No. R. 1341 of 2003]
[Commencement date of regulation 283: 3 August 2001]
National Environmental Management Act, 1998 (107 of 1998)
