Truck owners could be held liable for the negligent conduct of their drivers

A video of a crash was circulated widely on social media and caused a public outcry.Image:social media

A video of a crash was circulated widely on social media and caused a public outcry.Image:social media

Published Sep 20, 2022

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The Road Traffic Management Corporation (RTMC) has expressed concern over the recent spate of accidents involving trucks and warned truck owners that they could be held liable for the negligent conduct of their drivers.

The RTMC said truck owners are further warned that they could lose the right to operate on national roads, which would have dire consequences for their businesses.

This follows a shocking truck crash on the R34 near ULundi in KwaZulu- Natal on Monday, which left two people injured.

The crash allegedly happened when a truck driver failed to stop at the scene of a crash.

He collided with six other vehicles, four trucks, one SUV and one light delivery vehicle at the scene, causing them to explode into a ball of fire.

A video of a crash was circulated widely on social media and caused a public outcry. This followed another truck crash that claimed 20 lives in Phongola last Friday.

“Failure by operators to properly carry out their responsibilities, as imposed by the national traffic act, lead to conviction and sentence,” said RTMC spokesperson Simon Zwane.

The act imposes a duty on truck operators to conduct their business “with due care to the safety of the public.”

It further states that “the operator of a vehicle shall exercise proper control over the driver of such a motor vehicle to ensure compliance by such driver with all relevant provisions of this Act.”

Meanwhile, the SACP in Mzala Nxumalo District Moses Mabhida Province KZN conveyed its deepest condolences to the families of the 20 crash victims.

This was after a truck crashed into and killed 18 school children and two adults who were travelling in a bakkie on the N2.

“What happened is reported as an accident. We hold a different view. It was, as per the voice note attributed to the driver, a result of an illegal act of blocking a road by five companies in an orchestrated act of economic sabotage. This must not be categorised as culpable killings as it is a case of murder,” said SACP Mzala Nxumalo District Sthabiso Hadebe.

Hadebe further said: “The killings occurred amid calls and pleas in particular for transport authorities to ensure traffic control in UPhongolo, including by installing robots where the N2 passes through the town. These measures should cover all residential areas along the N2.”

“The plea fell on deaf ears. The MEC for transport in KwaZulu-Natal, Sipho Hlomuka, and the Minister of transport Fikile Mbalula should ensure the much-needed interventions with immediate effect,” Hadebe said.

In the same vein, Hadebe said the education MEC Mbali Frazer should put in place and enforce more effective regulations of learner transport.

“The fact that the bakkie (pick up) that was involved had 20 passengers deeply concerns us,” Hadebe said.

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