Department of Transport &
Regulation
The letter of intent,
emanating from the office of the Deputy Director Legislation
Standards & Regulation Directorate Branch Road Traffic
Regulation Mr. Ngwako Thako’s desk, caused quite a stir not
only within the towing fraternity but also within the road
freight industry land wide.
The publication, Focus, aimed
at the road freighters in an article by Nadine Von Moltke
begins with the preface, “South Africa’s road network is
in a terrible state of disrepair, and things are only
getting worse. As a result the National Treasury has tasked
the Department of Transport (DoT) with finding a solution to
save our roads. The DoT in turn informed local transport
operators and stakeholders that it intended to pass
legislation lowering legal load limits. Is this a
justifiable means of fixing the problem, or is the DoT
simply passing the buck?”
On reading through the Letter
of Intent one gathers that the Dot has in its sight the
Minibus taxi industry, Road Freight and the towing
industry.
The Road Freighters’ Association has already been in
consultation with the Department of Transport on the
proposed legislation, so likewise UTASA had an interesting
meeting with Mr. Thako of the Department of Transport on
14 December 2009.
The meeting chaired by Mr. Thoka including UTASA were a
representative of the South African Insurance Association
(SAIA), a Hollard Insurance Company representative and a
member of the National Consumer Council. Amongst the
concerns expressed at this meeting were the high costs of
towing and related fees (storage, administration, security
and storage) and the loss of assets by uninsured motorists,
where tow operators sell uninsured motorists’ vehicles when
the aforementioned cannot pay the release fees.
The DoT recognizes the essential role played by the towing
community but does not agree with the current conduct and
methodology.
What one gathered from the meeting without going into too
much detail is that the process will be laborious, lengthy
having to pass through the Inter Provincial Policy Procedure
Committee sitting the provincial transport departments then
made available for public comment (the public comment will
be interesting and vehement). The Competition Commission may
have to be party to the discussions because of the
exorbitant rates levied and, as suggested at meeting, a need
for the rates to be regulated. We are therefore unlikely to
see any document before the parliamentary portfolio
committee before 2012.
Suggestion was made at this meeting that the towing
associations should be recognized and registered with the
Department of Transport in line with the proposed bill as
this would legitimize, empower and make these bodies more
effective in dealing with their members. To renew license
and operators permits tow operators would have to via their
respective associations just as in the taxi industry.
In the interim Mr. Thoka will in the near future convene a
meeting where the following stakeholders will be present,
the Retail Motor Industry (RMI), South African Insurance
Association (SAIA), South African Towing & Recovery
Association (SATRA), FIA (Insurance Brokers Association) and
United Towing Association of South Africa (UTASA). Be
assured that UTASA will represent its membership and voice
the collective concerns of the industry as demonstrated by
Mr. Msai Maphisa the vice chairperson when Mr. Thoka
addressed the one ton sling.
Mr. Maphisa made it clear that any attempt at prohibiting
the modification of the one ton LDV to slings (tow trucks)
would have drastic implications on the PDI sector and the
emerging small business towers across the spectrum. Also the
roll back truck had its limitations with regard to congested
freeways, basement parking, limited access at shopping
centre parking, within the townships especially where a
vehicle has to be collected from an informal settlement or
the RDP housing complexes where the roads and driveways are
extremely narrow allowing access only to the one ton tow
truck for the purpose of extraction of a damaged vehicle.
Also in consideration the majority of black operators did
not have access to funding for the roll back vehicle unless
the government like with the taxis was prepared to subsidize
the replacement of these vehicles empowering the one ton tow
truck owners in the process.
The meeting ended with the Deputy Director promising to
convene a meeting with the abovementioned parties after the
sitting of the Inter Provincial Policy Procedure Committee
on the proposed bill.
New Towing Companies
There is a plethora of new towing companies springing up,
from one man operators to multiple truck owners. The towing
industry seems to be a lucrative business to get into
resulting in an oversupply of operators in certain areas.
The entry level is ridiculously low and with no regulation
or standards in place there is no stopping the new
entrants.
The phenomenon experienced is nothing new, the taxi industry
also had the same issues until regulation was enforced and
the associations took a tough stance raising their
affiliation fees and setting criteria.
The insurance companies,
insurance brokers, motorists and law enforcement personnel
could help by insisting that a tow contractor be affiliated
to an association before allowing that company to tow a
vehicle. The associations operate 24/7 call centers where
affiliation may be confirmed. This offers the motorist a
degree of protection from exploitation and an ombudsman in
the eventuality of a disagreement.
The new boys on the block out for a quick buck are
exacerbating the problem and tarnishing further the image of
an already tarnished industry. With unemployment on the rise
individuals getting packages on retrenchment and some
dismissed from tow companies that are downsizing, yes, there
will be more operators combing the streets and hawking the
intersections. Take note Ms Marcus we need stimulus for the
economy more job opportunities equals less one man tow
operators scrambling for the crumbs of the industry.
OOM KOOS COMMENTS
Have to run this by Oom Koos, my venerable platteland uncle,
before circulation for his comments. Oom has difficulty
reading this, “taal van die ongelowigges”, throws it down
and demands a translation.
On briefing Oom of the contents hereof, Oom sighs “Ooh Ya!”
settles down in his sagging chair and begins his ritual of
tobacco pouch, pipe filling, scrutinizing contents of pipe,
pressing down with thumb before lighting taking a long suck
on the stem, exhaling then letting out a cough. I wait!!
Oom hasn’t finished, “man moet iets drink voor hy kan reg
dink of praat!!” Blatant extortion!!
Having obtained the necessary tongue loosener also brain
lubricant same is set before Oom. My cell rings, technology
is both a blessing and a curse, wanted urgently back at
office. I inform Oom who has just taken a healthy swig that
I will be back shortly.
Hour and fifteen minutes later make my way back to Oom’s
apartment, get held up on ground floor waiting for lift. A
bemused tenant watches me then after 3 minutes volunteers
the information that the lift has packed in again! Viva
South Africa!! Head for the stairwell and make the climb to
the fourth floor all the while consoling myself that I need
the exercise anyway. En route pass every tribe on this
continent South Africa has become a haven for our northern
brothers’, right up to Egypt, and hell for its native
inhabitants.
Get to Oom’s apartment knock, no answer; turn the door
handle walk in.
Guess what!!!!
Oom is lights out, pipe still smoldering loosely in his hand
brain lubricant is just about empty. Hell!!
We will have to wait till our next edition to get Oom’s
comments or maybe his nephew may have an interesting take on
the DoT.
