COMESA EAC SADC TRIPARTITE

Transcription

1 COMESA EAC SADC TRIPARTITE MULTILATERAL CROSS-BORDER ROAD TRANSPORT AGREEMENT (MCBRTA) We, the Member States of the Regional Economic Communities, of the ESA region, Common Market for East and Southern Africa (COMESA) and East African Community (EAC) and the Southern African Development Community (SADC), being the sovereign States of: Republic of Angola Republic of Botswana Republic of Burundi Democratic Republic of the Congo Republic of Djibouti Arab Republic of Egypt State of Eritrea Federal Democratic Republic of Ethiopia Republic of Kenya Kingdom of Lesotho State of Libya Republic of Malawi Republic of Mozambique Republic of Namibia Republic of Rwanda Republic of South Africa Republic of Sudan Kingdom of Swaziland United Republic of Tanzania Republic of Uganda Republic of Zambia Republic of Zimbabwe COMMITTED to achieve the integrated and seamless movement of goods and persons in the region with a view to reducing transportation costs and transit times in order to increase the competitiveness of goods produced in the Eastern and Southern African Region for distribution in regional and international markets Having common and mutual intent to promote, facilitate and expedite the liberalisation of road transport markets in our territories, RECOGNISING that the development and management of cross-border transport and the achievement of the integrated and seamless movement of goods and persons is a collective effort that should be pursued for the common benefit of the Contracting Parties and all the Member States of the Tripartite Alliance; Do hereby enter into the following agreement: 29 May 2015 Rev 1.0 Page A-1 of A-44

2 Article 1: General Principles 1. The adoption of quality regulation as the basis for regional cross-border road transport regulation. 2. The phased repeal, annulment and termination of measures to regulate quantity of transport supplied, for the purpose of cross-border carriage of goods and passengers. 3. The permission by all Member States for access to transportation in their territories by carriers registered in terms of the regional carrier definitions set out in Article 6 of this agreement. 4. The establishment of the harmonised and integrated an operator registration system as is described in Articles 6 and 7 of this agreement. 5. The standardised registration of vehicles owned or operated by registered transport operators in the substantive formats in Article 8 of this agreement. 6. The establishment of a standardised driver registration system based on standardised driving licence categories for professional drivers of heavy goods and passenger vehicles in the employ of registered transport operators as described in Article 9 of this agreement. 7. The creation of a system by which nationally registered transport operators will be issued with Cross-border Operations Disks for vehicles to be used in cross-border trade in terms of Article 6 of this agreement. Cross-border Operations disks will only be issued to Registered Transport Operators which meet prescribed criteria as defined in Article 11 of this agreement. 8. Agreement on the procedures for warrants of arrest for foreign drivers and prosecutions and harmonised schedule of fines and other sanctions to be implemented against offending operators and drivers. 9. The creation of an integrated monitoring system to record offences and violations by registered transport operators as described in Article 12 of this agreement. 10. The provisions of this Agreement shall not derogate from the application of the provisions of national laws and regulations imposing any restrictions and controls on the grounds of public health, road traffic, veterinary or phytopathological reasons or the dues chargeable by virtue of such laws and regulations of a Contracting Party. Article 2: Definitions In this agreement, unless inconsistent with the context: a) Agreement means this agreement and any schedule, amendment or extension attached would form an integral part of this agreement. b) Cabotage means transport undertaken on a public road by a transport operator with a vehicle not registered in the country in which such transport is undertaken and includes: i. loading and unloading of goods or passenger between two points in such country, or ii. the loading of goods or passengers in such country for conveyance to another country which is not the country of registration of the vehicle and where such country of registration is not traversed. c) "Combination of vehicles" means coupled vehicles which travel on the road as a unit. d) Competent Authority means: 29 May 2015 Rev 1.0 Page A-2 of A-44

3 i. the name of the persons or bodies responsible for the regulation of road transportation in Member States, or ii. any other body or person designated for that purpose by each contracting parties. e) Consignment note means a document describing the Goods being transported and the destination to which such goods have been consigned. f) Contracting Party means the Governments of Member States which are signatories to this agreement. g) Corridor Management Authority means a body established by two or more Member States to promote the development of a Corridor. h) COR or "COF" means a Certificate of Roadworthiness or Certificate of Fitness issued to denote successful completion of a periodic vehicle inspection at an accredited vehicle testing station. i) COR Date or "COF Date" means the latest date on which the vehicle was declared roadworthy by an accredited testing station. j) GCM means the gross combination mass being the maximum permissible weight of a combination of vehicles, including any loads thereon. k) GVM means the gross vehicle mass being the maximum permissible weight of a vehicle, including any load thereon. l) Decriminalisation means the conversion of traffic and transport offences from a criminal offence to an administrative offence which must be adjudicated in terms of the principles of administrative law. m) Due Process means an administrative process that complies with the rules of just administration. n) Harmonisation means the process of establishing complementary policies, legislation, rules, standards, practices or systems between Member States on the basis of agreed minimum requirements proposed and described by the T-CBRTC for consideration and adoption. o) International circular tour means occasional conveyance of a group of passengers by road for reward or by means of a hired vehicle from the territory of a Member State, passing in transit through the countries of other Member States, without picking up or setting down members of the passenger group. p) Member State means a State which is a signatory to this agreement. q) "Motor vehicle" means any self-propelled vehicle for conveyance of passengers or goods by road or for drawing on the road, vehicles used for the carriage of goods. r) Non-Member State means a state that is not a signatory to this agreement. s) "Operator Disc" means the disc issued by the Competent Authority similar to Form VEH shown in Schedule C, to be displayed in a conspicuous manner on the vehicle during cross-border transport. 29 May 2015 Rev 1.0 Page A-3 of A-44

4 t) Operator Identification means the name, operator registration number and physical address of the operator of any registered vehicle, painted in non-removable characters not less than 20 mm in height on the doors of motor vehicles and on the chassis of trailers. u) Passenger List means a document as described in Article 9 of this agreement. v) PrDP or PDP or equivalent term means a Professional Driving Permit issued by any Member State in addition to a driving licence, confirming the competence of the holder and compliance with defined procedures for professional drivers. w) Registering Authority, means the body nominated by the Member State with responsibility for management of the Transport Operator Registration System. x) Regular International Passenger Service or Scheduled International Passenger Service means a daily, weekly or monthly service to convey passengers by road for reward or by means of an owned or hired vehicle. Routes and load/unload points may be specified by Member States. Cabotage is not included in the definition. y) Transport Operator means an individual, legal entity or organisation, intending to apply for registration as transport operator in the country of a Member State. Transport Operators may be engaged in transport of goods or passengers by road for hire and reward, or in the course of their industry trade or business for their own benefit also referred to as "Carrier". z) "RECs" means Regional Economic Communities and includes COMESA, EAC and SADC. aa) bb) cc) dd) ee) ff) gg) hh) Registered Transport Operator means an undertaking that has successfully applied for registration in terms of the requirements described in Articles 5 and 6. Operator Grading" means the Grade or Rating of a Registered Operator in relation to compliance with regulations, as defined in the Penalty Point System described in Article 11. "Semi-trailer" means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its mass and of the mass of its load is borne by the motor vehicle. "T-CBRTC" means the Tripartite Cross-Border Road Transport Commission established in terms of Article 4. "Trailer" means any vehicle designed to be drawn by a motor vehicle and includes semitrailers. "Tripartite" means the alliance formed by COMESA, EAC and SADC. "TRIPS" means the electronic Transport Registers and Information Platform System established by the Tripartite in support if the data and information exchange from and to Member States in support of the identification of Transport Operators, Vehicles and Drivers participating in cross-border transport for the maintenance of the quality standards by the various law enforcement agencies. Vehicles mean motor vehicles and trailers. 29 May 2015 Rev 1.0 Page A-4 of A-44

5 Article 3: Objectives The objectives of this agreement are: 1. To introduce and promote quality regulation in cross-border road transport policies, laws, regulations and standards in the Tripartite region. 2. To remove all regulatory measures intended to limit or control the supply of transport of passengers and goods in cross-border trade between Member States. 3. To enable Member States to limit specific aspects of transportation perceived to be of national importance, with due regard for the need of harmonisation. Specifically, the current exception of cabotage from the liberalisation terms of this agreement, with intention of later review. 4. To improve integration between Member States of the flow of goods and passengers by road. 5. To promote economic and social development by removing non-tariff barriers and promoting competition. 6. To reduce, remove and terminate the need for specific permits for cross-border transport by registered operators. 7. The separation of transport regulation from the necessary regulation for cross-border transport of goods and passengers which are respectively the competence of customs and excise, immigration and other governmental departments and agencies. 8. To permit specific exceptions with regard to passenger transport, where motivated by Member States for protection of local transport markets. 9. To introduce measures to permit ready identification of the vehicles and drivers of registered operators. 10. To introduce measures and procedures for execution of warrants of arrest, and prosecutions and sanctions against offending domestic and foreign operators and drivers. 11. To provide for Member States to evaluate future permission of cabotage in their territories. 12. To support the adoption, management and administration of the Operator Registration System with effective electronic systems that conform to the TRIPS specifications and provide for supply of the relevant data to support the regional integration of transport information. 13. To provide a blueprint to guide Member States to harmonise national laws, policies and regulations. Article 4: Tripartite Cross-Border Road Transport Commission (T-CBRTC) 1. The Member States shall by joint and common consent establish a T-CBRTC to guide, manage and continually expedite the implementation of this agreement. 2. The institutional and governance structure of the T-CBRTC shall be defined and agreed among the Member States. 3. Member States shall commit to provision of funding according to an agreed apportionment and process to support the activities of the T-CBRTC. 4. Member States shall implement an electronic Operator Registration System in conformance with the TRIPS requirements to promote the objectives of this agreement. Member States who do not have a compliant electronic Operator Registration System shall develop and promote a common electronic Operator Registration System suitable for use by all such Member States, in order to contain the costs of such development and to 29 May 2015 Rev 1.0 Page A-5 of A-44

6 promote the introduction of Operator Registration throughout the region in a unified and effective format. 5. The T-CBRTC shall be responsible for monitoring developments in the legislation and procedures of Member States and providing regular information on amendments to the member countries legislation, and to assist operators and Member States with enquiries on the legislation. 6. The institutional capacity of the T-CBRTC shall be drawn from suitable professional experts in the fields of transportation and transport with a mandate as outlined in Article 11 of this agreement. Article 5: Mandate of the Tripartite Cross Border Road Transport Commission (T-CBRTC) The mandate and objectives of the T-CBRTC shall be as follows: 1. Coordination of the implementation of this agreement and preparation of a schedule of actions to promote the process of harmonisation. 2. Coordinating the establishment and operation of the regional electronic TRIPS to support the development of the harmonisation of Operator registration and the supporting national frameworks. 3. Coordinating the development and operation of the electronic Operator Registration System and the interfaces linking the national systems via the regional data communication network to the electronic TRIPS. 4. Collaboration with each Member State to prepare a schedule of necessary actions to promote adoption of the harmonised standards for each aspect of road transport regulation. 5. Coordination of measures to promote improved training for Operators, Responsible Competent Persons, Driver Trainers, Driver Examiners and Vehicle Examiners by supporting the establishment of professional training institutions in Member States and assistance with development of courses and training aids. 6. To receive and continually publish and disseminate the changing regulations in Member States, to operators and all other stakeholders and to support a readily accessible enquiry and information centre. 7. To create a framework for monitoring the effects of harmonisation of regulations and to identify further actions necessary to promote efficiency in road transport in the region. 8. To produce occasional and annual reports to the Tripartite RECs detailing progress with the development of harmonisation in the region. 9. To prepare budgets and recommendations to Tripartite RECs for activities in need of funding and to prepare terms of reference for research and project management. 10. Develop and manage a system, processes and facilities to enable arbitration and settlement of disputes which may arise from the implementation and application of this agreement. 29 May 2015 Rev 1.0 Page A-6 of A-44

7 Article 6: Operator Registration 1. Each Member State shall create a suitable institutional structure for management of an electronic Operator Registration System. Where such institutions already exist, they will be identified and will form the national contact point with the T-CBRTC provided for in Article An application for Transport Operator registration shall include the information prescribed in Article 7 of this agreement. 3. Registered Transport Operators, complying with all the requirements of Article 7, shall on application, be provided with cross-border Operator Discs for the vehicles complying with the quality standards, which shall entitle them to operate within the territory of any of the Contracting Parties. Permission to operate in the territory of Member States does not include the right to perform cabotage. 4. The Registering Authority of Member States issuing the cross-border Operator Discs effectively vouches for the registration of the Transport Operators, their insurance, vehicle condition, driver competence and compliance with national transport legislation, as an assurance to neighbouring states that the operator should be allowed into their territory. 5. The electronic Operator Registration System of each Member State must contain a method for recording contraventions, violations and offences in terms of Article 12 of this agreement. 6. Non-compliant Transport Operators will be refused cross-border Operator Discs and the Operator Discs of registered non-compliant Transport Operators will be suspended and/or cancelled by their national Registering Authority in accordance with the prescribed sanctions. 7. Registration of Transport Operators is only permitted for undertakings with established depot facilities to support the quality of their transport operations and permanent physical addresses in the country of application. Article 7: Terms for Registration of Operators 1. The application for registration as a Transport Operator shall be made as defined in Schedules A to C. Registration shall be dependent on submission of the required information and evaluation of the application by the Registering Authority. 2. The registration of Transport Operators shall be contingent on a commitment to be compliant with the following: a) all relevant road traffic and transport regulations in their country of application and in countries of Member States; b) shall not have been convicted for any infringement of national legislation, such as commercial law and trafficking in human beings or drugs; c) roadworthiness of vehicles; d) safety in the carriage of dangerous goods; e) driving licences and professional driving permits, and f) where applicable, the undertaking shall not have infringed rules regarding the driving time and rest periods of drivers. 3. The process for evaluation of applications for registration as Transport Operator is described in Schedule D. 29 May 2015 Rev 1.0 Page A-7 of A-44

8 Article 8: Registration of Vehicles 1. The application for registration as a Transport Operator shall include a list of all vehicles to be included in the registration, with physical address of depot or operations centre and the location at which vehicles will be maintained and parked. 2. Applicants in possession or control of vehicles must supply details on the application form of vehicles owned or operated shall include the details as defined in Schedules A to C. 3. Applicants intending to start a transport business, if granted registration as a Transport Operator, must provide details of intended vehicle acquisitions. When vehicles are purchased the details must be submitted for inclusion on the licence. 4. Operator Discs will only be issued once the details of registered vehicles have been provided and validated by the Registering Authority. 5. For vehicles not owned by the applicant, an affidavit from the registered owner is required, authorizing its usage by the applicant. 6. All vehicles registered in respect of a particular depot shall be deemed to be controlled by the nominated Responsible Competent Person employed by the applicant. 7. Cross-border Operator Discs will only be issued to Transport Operators meeting prescribed criteria as defined in Article 9 of this agreement. 8. All vehicles registered for use in cross-border transport shall display the Operator Identification. Article 9: Registration of Professional Drivers 1. Any person driving a motor vehicle on a public road shall have a valid driving licence in compliance with the vehicle categories prescribed in Schedule E. 2. Member States will publish regulations to introduce a Professional Driving Permit (PrDP) for drivers employed by Transport Operators. 3. Drivers of goods vehicles with a GVM of more than 3,500kg, passenger vehicles with a seating capacity of more than 8 passengers in addition to the driver and vehicles conveying dangerous goods, abnormal loads in cross-border transport operations may not operate such vehicles without a valid PrDP issued by the Competent Authority. 4. The issuing of a PrDP shall be subject to the following conditions: a) Proof of Identity and age between 21 and 65 years b) Proof of permanent residence c) Present state of health confirmed by a doctors certificate d) Eye test e) Declaration of non-abuse of substances f) Police clearance of no criminal road traffic offences such as driving under the influence (DUI), reckless or negligent driving g) Certificate of completion of Prescribed Training Course h) Aptitude test on the rules of the road and a driving skills test on the road 5. A PrDP shall be valid for not more than 2 years and the renewal of a PrDP shall be subject to the following conditions: a) Age not older than 65 years b) Proof of permanent residence c) Present state of health confirmed by a doctors certificate 29 May 2015 Rev 1.0 Page A-8 of A-44

9 d) Eye test e) Declaration of non-abuse of substances f) Aptitude test on the rules of the road 6. The application for registration as a Transport Operator shall include a list of all PrDP holders employed by depot or operations centre. 7. Transport Operators shall notify the Registering Authority of all changes to the list of PrDP holders in their employ within 30 days of such change. Article 10: Operator Discs for Cross-Border Operations 1. Registered Transport Operators wishing to perform cross-border transport operations shall apply for Operator Discs to be issued by the Registering Authority in respect of all nominated vehicles upon payment of the prescribed fees. 2. Operator Discs shall be renewed annually subject to review of the status of the Registered Transport Operator. 3. Operator Discs shall display the name of the issuing Member State, Operator Name and Number preceded by two prefix letters designating the issuing country, followed by the details of the vehicle, including the registration number, chassis number, make, model, GVM or seating capacity and usage. The expiry date shall be prominently displayed for ease of law enforcement. 4. Operator Discs may be applied for 3 months before the expiry date to facilitate distribution and fitment. 5. The application will include the details described in Schedules A to D. Article 11: Operating Standards 1. All Registered Transport Operators will perform road transport operations in terms of the regulations in force in each country, which shall be based on the Regional Standards covered by this Multilateral Agreement, and described in Schedule E. 2. The Regional Standards for performing transport operations include: a) Equipment on Vehicles b) Vehicle Dimensions c) Loads on Vehicles d) Transport of Abnormal Loads e) Transport of Dangerous Goods f) Testing Stations and Inspection of Vehicles for Roadworthiness g) Training and Licensing of Drivers and Professional Drivers h) Compliance with the Vehicle Overloading Control (VOC) System as defined in the Tripartite Memorandum of Understanding on Vehicle Load Management. Article 12: Record of Offences 1. Member States will contribute data to the creation of a computerised Transgression Module to monitor offences committed in the territory of Member States. 2. The Transgression Module will maintain a register to tabulate offences, infringements, violations or legal action reported by traffic of other law enforcement authorities with 29 May 2015 Rev 1.0 Page A-9 of A-44

10 regard to drivers, vehicles and operators, citing the operator number of Registered Transport Operators. 3. The Transgression Module in each Member State will include the means to monitor the administration of summonses served, admission of guilt payments made, suspension notices served and all associated activities for all road traffic and transport offences. 4. The records will include all outstanding (unpaid) amounts for all offen ces related to vehicles and drivers recorded in the National Operator System of Registered Transport Operators. 5. Provision shall be made for Member State authorities to report violations and offences committed by the vehicles and drivers of all Registered Transport Operators in their territories, both domestic and foreign registered. 6. Provision will be made for recording, suspension, withdrawal, revocation or termination of Operator Discs subject to a Penalty Point process as described in Article 13. Article 13: Penalty Points System 1. Member States may prescribe a penalty points system in terms of national road traffic and transport legislation for the purpose of identifying repeat offenders. 2. Penalty points are to be assigned to all offences defined in the national traffic and transport regulations. 3. The record of offences shall be transmitted to the National Operator System to be recorded on a register of offences incurred in respect of drivers, vehicles, loads and operating practices against the responsible Registered Transport Operator. 4. Penalty points will accrue in respect of the offences relating to the driver, the vehicle, the load or operation, and shall be used to inform a computer generated operator grading process within the National Operator System. 5. Provision shall be made for curtailment, suspension or cancellation of the Transport Operator registration for repeated offences when prescribed penalty points saturation levels are reached following repeated transgressions. 6. The recording of offences and demerit points in the National Operator System shall not replace the due processes performed by the law enforcement agencies in Member States. 7. The penalty points system must be fair and reasonable and take due cognisance of the numbers of vehicles and drivers controlled by the relevant RCP and the Registered Transport Operator. 8. The penalty points system will be developed by the T-CBRTC upon examination of existing systems and selection of best possible methodology. Examples are shown in Schedule F. Article 14: Cross-Border Application of Regional Standards Member States will introduce into their legislative systems provision for the following regulatory actions to be performed in terms of the procedures to be developed by the T-CBRTC: 1. On site apprehension and enforcement procedures for foreign operators and drivers, which shall be no more stringent than those accorded to domestic operators. 2. Details of offences and offending operators and drivers shall be uploaded to the TRIPS for referral to the relevant home state Registering Authority by the TRIPS system and application of appropriate sanction in terms of Article May 2015 Rev 1.0 Page A-10 of A-44

11 3. Member States shall apply the schedule of fines and sanctions for offending domestic operators and drivers in terms of Article 13 or as defined in communications from the T- CBRTC. 4. Member States will by amendment to their domestic legislation incorporate the Regional Vehicle Overload Control (VOC) Regulations and Standards and future amendments as published by the T-CBRTC. Article 15: Applications for Exemptions 1. Notwithstanding the requirement for equity of treatment of foreign operators and drivers, Member States may submit applications to the T-CBRTC for specific exceptions with regard to passenger transport where motivated by investigation of domestic market conditions, for protection of local passenger transport markets. 2. The application procedure and conditions for acceptance will developed by the T-CBRTC. Article 16: Implementation of this Agreement Member States commit to the process of implementation of this agreement in terms of a schedule to be developed and agreed with the T-CBRTC. After ratification and signing of this agreement the Member States are required to take the following actions: 1. Within a period of one year, make the necessary institutional changes to establish the national authority to liaise with the T-CBRTC in the development and introduction of the TRIPS system in relation to cross-border transport. 2. Within a period of one year, establish an effective communication body with the domestic road freight and passenger operator associations regarding the TRIPS development process. 3. Within a period of two years, remove all regulatory measures intended to limit or control the supply of transport of passengers and goods in cross-border trade between Member States. 4. Within a period of two years remove and terminate the requirement for specific permits for cross-border transport by Registered Transport Operators. 5. Within a period of two years, introduce harmonised charges for all road traffic and transport offences, together with demerit points system to enable consistent and equal treatment of domestic and foreign drivers and Transport Operators. 6. Within a period of two years make such necessary changes to the domestic legislation to introduce and support all elements of TRIPS and the related National Operator System, Transgression Module and supporting National Transport System to provide computerised services for the administration of vehicle registration, roadworthiness testing, as well as driver and professional driver assessment and licensing. 7. Within a period of four years, evaluate and provide for future permission of cabotage in their territories. 29 May 2015 Rev 1.0 Page A-11 of A-44

12 SCHEDULE A: ELECTRONIC SYSTEM REQUIREMENTS A.1 NATIONAL OPERATOR SYSTEM A.1.1 Operator Module 1. Each Member State must implement an electronic system that includes appropriate Operator registration, grading and management functionality, processing applications for registration by Transport Operators of their depots on a form similar to form AOPR Application for registration as an Operator. 2. The system must have a system to system connection to the Tripartite TRIPS to allow online transmission of data to and receipt of data from TRIPS in real time. 3. The system must have a system to system connection to the National Transport System of the Member State which can be used for online queries of vehicles registered and inspected for roadworthiness, as well as drivers licenced by the Member State. 4. The system must include functionality allowing for the verification, registration and management of Responsible Competent Persons (RCP), processing applications for such registration on a form similar to form ARCP Application for registration as a RCP. 5. The system must include appropriate functionality to facilitate the grading of a Transport Operator in accordance with the grading requirements stated in the MCBRTA, inclusive of the compliance verification and linking of vehicles, drivers and RCP s to the registered depot of an Operator. The data relating to the vehicles, drivers and RCP employed by a Transport Operator are processed from application forms similar to the following forms: a) Form FLE Depot Fleet Maintenance; b) Form DRV Depot Driver Maintenance; and c) Form ORA Agreement between Operator and RCP. 6. The system must include appropriate functionality to facilitate the verification and grading of suitably equipped and qualified Depots for the transportation of Dangerous Goods. Data relating to dangerous goods applications are processed from a form similar to form ADGO Application for registration as a Dangerous Goods Operator. 7. The system must include appropriate functionality to facilitate the recording of the compliant technical information and issuing of Abnormal Load Permits. Data relating to abnormal permit applications are processed from a form similar to form AAL Application for Abnormal Load Permit. 8. The system must be able to issue the following documents in a format similar to the following forms: a) Form OPRR Operator Registration Certificate; b) Form DGC Depot Grading Certificate; c) Form RCPR RCP Registration certificate; d) Form ORC RCP and Depot Agreement Certificate; e) Form VEH Operator Disc per vehicle; f) Form DGR Dangerous goods Registration Certificate; 29 May 2015 Rev 1.0 Page A-12 of A-44

13 g) Form ALP Abnormal Load Permit. 9. The system to system connection to the TRIPS must allow for the online transmission of the following Operator related data to the TRIPS. Data must be sent to TRIPS as soon as it is created or amended on the Operator Module. The data must include but are not limited to the following: # Category / Field Description 1. Operators 1.1. Operator Number Unique number allocated to the Operator by the National Operator System Operator Name Name of operator 1.3. Date of Registration Date on which the operator was registered Operator Status Status of operator ie. Registered, Graded, Suspended, Deregistered 1.5. Depot Number Unique number allocated to the Depot by the National Operator System Depot Name Name of Depot 1.7. Grading of Depot Grading of depot as determined by the National Operator System 1.8. Depot Status Status of depot ie. Registered, Graded, Suspended, Deregistered 1.9. Depot RCP Number RCP number of registered RCP linked to the Depot Dangerous goods grading Dangerous goods grading of Depot ie. Yes / No 2. RCPs 2.1. RCP Number Unique number allocated to the RCP by the National Operator System Surname Surname of RCP 2.3. Initials Initials of RCP 2.4. Date of Birth Date of Birth of RCP 2.5. Status Status of RCP ie. Registered, Suspended, Deregistered. 3. Vehicles 3.1. Vehicle Number Unique number allocated to the vehicle by the National Operator System VIN Number VIN number of vehicle chassis 3.3. Make Make of Vehicle 3.4. Model Model of Vehicle 3.5. Usage Usage of Vehicle : Goods, Passengers for reward 3.6. Operator Disc Number Number of Operator Disc of Vehicle 3.7. Operator Disc Expiry Date Date on which Operator Disc Expires 3.8. Dangerous Goods Dangerous Goods indicator : Yes / No 3.9. Depot Number Number of Depot vehicle is linked to 29 May 2015 Rev 1.0 Page A-13 of A-44

14 # Category / Field Description 4. Drivers 4.1. Driver Number Unique number allocated to the driver by the National Operator System Surname Surname of driver 4.3. Initials Initials of driver 4.4. Licence Number Driving licence number of driver 4.5. Country of Issue Country of issue of driving licence 4.6. Licence codes Driving licence codes of driver 4.7. Depot Number Depot number of depot driver is linked to. A.1.2 Transgression Module 1. Each Member State must consolidate the transgressions of operators, drivers and RCPs, both a) in respect of operators, drivers and RCPs registered in the particular Member State, as well as b) in respect of operators, drivers and RCPs registered in any other Member State, on an electronic system at the national or federal level. 2. In the case of a transgression recorded by speed cameras or transgressions where the driver of the vehicle could not be identified, the system must allow for the verification and processing of the nomination of a driver on a form similar to Form ANOM Nomination of Driver or Person in Control, from the group of drivers previously notified by the Operator of the vehicle. The system must also allow for the notification of the outcome of such notification on a form similar to Form ONOM Outcome of Nomination. 3. The system to system connection to the TRIPS must allow for the online transmission of the following transgression data relating to both drivers and operators to the TRIPS. Data must be sent to TRIPS as soon as it is created or amended on the Transgression Module. The data must include but are not limited to the following: # Field Description 1.1. Transgression number Unique number of transgression 1.2. Date Date of transgression 1.3. Time Time of transgression 1.4. Location Location of transgression 1.5. Driver Number Driver involved in transgression 1.6. Vehicle Number Vehicle involved in transgression 1.7. Depot Number Depot to which vehicle was linked to at time of transgression 1.8. Charge Code Charge code of transgression 1.9. Charge Description Description of charge code Severity Demerit points attached to charge code 29 May 2015 Rev 1.0 Page A-14 of A-44

15 A.2 TRIPS 1. The TRIPS system must consolidate all data received from the National Operator Systems of Member States. 2. Should the system receive the details of a transgression in respect of an operator, driver or RCP that is not registered in the Member State where the transgression was committed, the details of the transgression must be sent to the National Operator system of the Member State where the operator, driver or RCP is registered. 3. The system must allow for queries from the Operator System of any Member State on the consolidated data irrespective of where the operator, driver, vehicle or RCP is registered, including but not limited to the following: a) Operator particulars; b) RCP particulars; c) Vehicle particulars; d) Driver particulars; e) Transgression particulars; and f) Operator Disc validity. 4. The system must allow for the monitoring of sanctions imposed by Member States against habitual offending Operators that fail to meet or maintain the prerequisite quality standards. 5. The system must allow for statistical, managerial and operational reports to be drawn by Member States. 6. Access to information must be limited according to the provisions of the MCBRTA. 29 May 2015 Rev 1.0 Page A-15 of A-44

16 SCHEDULE B: APPLICATION FORMS FORM AOPR FLE DRV ARCP ORA ANOM ADGO AAL DESCRIPTION Application for Registration as Transport Operator Depot Fleet Maintenance Depot Driver Maintenance Application for Registration as Responsible Competent Person Agreement between Operator and Responsible Competent Person Nomination of Driver or Person in Control Application for Registration as Dangerous Goods Operator Application for Abnormal Load Permit 29 May 2015 Rev 1.0 Page A-16 of A-44

17 SCHEDULE C: CERTIFICATES AND DOCUMENTS FORM OPRR VEH DGC RCPR ORC ONOM DGR ALP DESCRIPTION Operator Registration Certificate Operator Disc per Vehicle Depot Grading Certificate Responsible Competent Person Registration Certificate Responsible Competent Person & Depot Agreement Certificate Outcome of Nomination of Driver Dangerous Goods Operator Registration Certificate Abnormal Load Permit 29 May 2015 Rev 1.0 Page A-28 of A-44

18 SCHEDULE D: EVALUATION OF APPLICATIONS D.1 OPERATOR REGISTRATION All applications for Registration as a Transport Operator for Goods and Passengers must be complete in respect of information defined in Schedules A and B. In addition to the supply of the required information (which is to be reviewed and checked by the Registering Authority), applicants must meet the following criteria: 1. Produce verifiable proof of identity. 2. Provide proof of permanent residence. 3. Provide proof of current age over 24 years (in the case of companies requirement in respect of majority shareholders and directors). 4. Provide a signed statement that the applicant is not subject to any legal processes relative to transport or trade. 5. Provide verifiable proof of Public Liability Insurance by way of a Letter of Confirmation from the Insurer stating the following: a) Name of Insurer. b) Policy number. c) Duration of cover, including expiry date. d) Area/countries covered. e) Total value of cover. 6. Applicants will attend a brief interview at which they will be required to do the following: a) Provide evidence of knowledge of road transport management by means of present employment, past testimonials, traceable references, evidence of training. b) Provide brief business plan. c) Current or intended transport activities, number of vehicles, nature of trade or business, areas to be operated, operating base and location of premises. d) Demonstrate understanding of the implications of assuming responsibility for transport operations and the relationship between the business and the registered Responsible Competent Person nominated by the business. 7. The notes by the interviewer at the Registering Authority must be recorded on an interview template for it to be scanned and recorded on the electronic National Operator Module when the application is captured for future reference. The details of the interviewer must be recorded conspicuously on the interview template. D.2 RESPONSIBLE COMPETENT PERSON REGISTRATION All applications for registration as a Responsible Competent Person must be complete in respect of information defined in Schedules A and B. In addition to the supply of the required information (which is to be reviewed and checked by the Registering Authority), applicants must meet the following criteria: 1. Produce verifiable proof of identity. 2. Provide proof of permanent residence. 3. Provide proof of current age over 24 years. 29 May 2015 Rev 1.0 Page A-37 of A-44

19 4. Provide valid driving licence and PrDP with remaining validity period of at least 12 months at the time of application. 5. Provide a signed statement that the applicant is not subject to any legal processes relative to transport or trade. 6. Applicants will attend a brief interview at which they will be required to do the following: a) Provide evidence of knowledge of road transport management by means of present employment, past testimonials, traceable references, evidence of training and qualifications achieved. b) Demonstrate understanding of the implications of assuming responsibility as competent person for the transport operations at a depot. c) Pass the written test for RCP. d) Provide a letter from an employer showing experience in management of a transport operation (to be certified by employer). 7. The notes by the interviewer at the Registering Authority must be recorded on an interview template for it to be scanned and recorded on the electronic National Operator Module when the application is captured for future reference. The details of the interviewer must be recorded conspicuously on the interview template. In the absence of accredited training and educational institutions in the field of transport management, it is expected that initial registration of existing operators will include a large number of applicants being admitted in terms of the written test for RCP, but once such institutions are available the evidence of training and qualifications will become mandatory and then the written test will become an additional requirement. D.3 DEPOT FLEET MAINTENANCE: ADDITIONAL INSURANCE REQUIREMENTS All applications by a Registered Transport Operator to add vehicles to the fleet of permitted vehicles participating in cross-border transport must be complete in respect of information defined in Schedules A and B. In addition to the supply of the required information (which is to be reviewed and checked by the Registering Authority), applicants must submit and meet the following criteria: 1. Provide verifiable proof of Comprehensive Motor Vehicle Insurance by way of a Letter of Confirmation from the Insurer stating the following: a) Name of Insurer. b) Policy number. c) Duration of cover, including expiry date. d) Area/countries covered. e) List of Vehicles covered and value of cover for each vehicle. 2. Provide verifiable proof of Cross-Border Third Party Insurance for each of the Member States in which the vehicles will be travelling: a) Insurance method, being i. Fuel Levy, ii. iii. Yellow Card, or National Insurer. 29 May 2015 Rev 1.0 Page A-38 of A-44

20 b) For Member States without a global (eg Fuel Levy) cover, a Letter of Confirmation from the Insurer stating the following i. Name of Insurer. ii. iii. iv. Policy number. Duration of cover, including expiry date. Area/countries covered. v. List of Vehicles covered. vi. vii. Amount of cover per incident. Total amount of cover 29 May 2015 Rev 1.0 Page A-39 of A-44

21 SCHEDULE E: REGIONAL ROAD TRANSPORT STANDARDS The following Regional Road Transport Standards 1 must be implemented by the Member States in support of the objectives of the agreement: 1. Regional Standard Equipment on Vehicles 2. Regional Standard Vehicle Dimensions 3. Regional Standard Loads on Vehicles 4. Regional Standard Transportation of Abnormal Loads 5. Regional Standard Transport of Dangerous Goods 6. Regional Standard Testing of Vehicles for Roadworthiness 7. Regional Standard Evaluation of Vehicle Test Stations 8. Regional Standard Driving Licence Categories 9. Regional Standard Training and Testing of Drivers and Professional Drivers 10. Compliance with the Vehicle Overloading Control (VOC) System as defined in the Tripartite Memorandum of Understanding on Vehicle Load Management (Article 11) 11. Regional Standard Enforcement procedures for foreign operators and drivers (Article 14) 12. Regional Standard Sanctions for offending operators and drivers (Article 14) 1 References to the adopted Regional Standards should be included in the schedule above. 29 May 2015 Rev 1.0 Page A-40 of A-44

22 PROPOSED REGIONAL STANDARD FOR DRIVING LICENCE CATEGORIES The driving licence categories below are in conformance with the United Nations Convention on Road Traffic of Adoption of these categories as regional standard will facilitate conformance with international standards. Licence Category Vehicle Category Definition Pictograph A1 (16 years) A (18 years) Light motorcycles Motorcycles Light motorcycle without a sidecar with a cubic capacity not exceeding 125cm 3 or propelled by electrical power, or vehicle having pedals and engine or electrical motor. Motorcycle without a sidecar, with a cubic capacity exceeding 125cm 3 B1 (18 years) B (18 years) Tri-/ Quadricycles Motor powered tricycles and quadricycles. Light motor vehicle Motor vehicles with a maximum authorised mass not exceeding 3 500kg and having not more than 8 seats in addition to the driver's seat; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750kg. BE (18 years) C1 (18 years) Light articulated motor vehicle Medium goods vehicle Combination of motor vehicles consisting of the tractor vehicle in category B above and its trailer(s) a maximum authorised mass exceeding 750kg. Motor vehicles other than those in category D1 and whose maximum authorised mass is over 3 500kg but not more than 7 500kg; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750kg. C1E (18 years) Articulated medium goods vehicle Combination of motor vehicles consisting of the tractor vehicle in category C1 above combined with a trailer having a maximum authorized mass exceeding 750kg C (21 years) CE (21 years) Goods vehicle Articulated goods vehicle Motor vehicles other than those in category D and whose maximum authorised mass is over kg; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750kg. Combination of motor vehicles consisting of the tractor vehicle in category C above and its trailer(s) a maximum authorised mass exceeding 750kg. D1 (18 years) D1E (18 years) D (21 years) DE (21 years) Medium passenger vehicle Articulated medium passenger vehicle Passenger vehicle Articulated passenger vehicle Motor vehicles used for the carriage of persons and having more than 8 seats but not more than 16 seats in addition to the driver s seat; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750kg. Motor vehicles in category D1 above combined with a trailer having a maximum authorised mass exceeding 750kg. Motor vehicles used for the carriage of persons and having more than 16 seats in addition to the driver s seat; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750kg. Combination of motor vehicles consisting of the tractor vehicle in category D above and its trailer has a maximum authorised mass exceeding 750kg. 29 May 2015 Rev 1.0 Page A-41 of A-44

23 SCHEDULE F: REGIONAL PENALTY POINT SYSTEM F.1 PRINCIPLES 1. Each Member State must develop a system of penalty points that must be attached to a finding of guilt in relation to an offence. A saturation point must be determined per annum, the accrual of which leads to the suspension of one or more Operator Discs in respect of Transport Operators or driving licence/ PrDP in the case of drivers who fail to comply. 2. Demerit points must take into account the following objectives of punishment, which will apply whether or not the offence is decriminalised: a) the punishment should fit the criminal as well as the crime, be fair to society and be blended with a measure of mercy according to the circumstances; and b) differentiation must be made between penalty points accruing to the driver and points accruing to the operator as certain transgressions such as unroadworthy and overloaded vehicles are mostly due to decisions of the Transport Operator, not the driver. 3. Demerit points must take into account the financial penalty paid for each offence. F.2 REGIONAL EXAMPLES F.2.1 South Africa 1. The South African example (not yet active) provides for 0 to 6 demerit points to accrue to an operator for overload offences according to the following table for all categories of overloading both the driver and the operator are issued infringement notices and both accrue the number of demerit point shown below: EXTENT OF OVERLOADING DEMERIT POINTS PENALTY IN ZAR 2% to 3.99% % to 5.99% % to 7.99% % to 9.99% 3 1, % to 11.99% 4 1, % to 13.99% 5 1, % or more 6 Not Decriminalised Criminal Case is opened 2. Demerit points have been assigned in a similar manner for all other road traffic and transport transgressions. For certain standing and moving violations, such as failure to comply with the directions conveyed by a road traffic sign, only the driver will receive an infringement notice and accrue the demerit points. However, in the case of the examples shown in the following table for illustration, infringement notices are issued to both the driver and the operator and both accrue the number of demerit points: TRANSGRESSION DEMERIT POINTS PENALTY IN ZAR Operated a vehicle or combination of vehicles which could exceed 40km/h but did not comply with the requirements of braking performance when the emergency brake was applied at a speed of 40 km/h. 3 1, May 2015 Rev 1.0 Page A-42 of A-44