For purposes of these rules any word or expression to which a meaning has been assigned in the Act has the meaning so assigned, and unless the context otherwise indicates —
"agent"
in relation to a carrier, means a person located in the Republic that is registered in terms of section 59A of the Act to act as an agent representing in the Republic a carrier not located in the Republic, but excludes a licensed clearing agent providing a service as clearing agent on behalf of a carrier;
"air cargo details"
means the following information in relation to each consignment of air cargo:
| (b) |
the port of discharge; |
| (c) |
in the case of an inbound consignment, an indication of whether the consignment is destined— |
| (ii) |
for transhipment; or |
| (iii) |
for transit through the Republic; |
| (d) |
the number of the master air waybill issued in respect of or covering the consignment, and the identity of the party who issued it; |
| (e) |
if the consignment is part of consolidated cargo— |
| (i) |
an indication that the consignment is part of such cargo; |
| (ii) |
the number of any house air waybill issued in respect of the consignment; and |
| (iii) |
the identity of the party who issued it; |
| (f) |
the full name and physical address of the consignor; |
| (g) |
the full name and physical address of the consignee; |
| (h) |
a precise description of the goods in the consignment, or the six digit Harmonised Commodity Description and Coding System number under which the goods are classified; |
| (i) |
the number of packages, based on the smallest packing unit, covered by the air waybill issued in respect of the consignment; |
| (j) |
the type of packages; |
| (k) |
the gross mass of the packages; |
| (l) |
the unit of measure; and |
| (m) |
the relevant international dangerous goods code as may be applicable to the goods in terms of the International Air Transport Association (IATA) Dangerous Goods Regulations (DGR), if the goods are hazardous goods; |
"air carrier"
means a person referred to in paragraph (a) of the definition of "carrier" in these rules;
"air waybill"
means a document issued by an air carrier or other person duly authorised by an air carrier to transport, or to arrange the transport of, cargo to a particular destination on board an aircraft, and which serves as proof that the carrier or other person—
| (a) |
has received the cargo; and |
| (b) |
has undertaken to transport, or to arrange the transport of, the cargo on the terms and conditions stated or referred to in the document; |
"bill of lading"
means a document issued by a sea carrier or other person duly authorised by a sea carrier to transport, or to arrange the transport of, cargo to a particular destination on board a vessel and which serves as proof that the carrier or other person—
| (a) |
has received the cargo; and |
| (b) |
has undertaken to transport, or to arrange the transport of, the cargo on the terms and conditions stated or referred to in the document; |
"break bulk cargo"
means general cargo transported on board a vessel, railway carriage or truck in separate packages or as loose items that are not packed, but excludes cargo transported in containers;
"break bulk cargo details"
means the following information in relation to each consignment of break bulk cargo:
| (a) |
In the case of a consignment transported by sea— |
| (i) |
the port of loading; and |
| (ii) |
the port of discharge; |
| (b) |
in the case of a consignment transported by rail or road— |
| (i) |
the place of loading; and |
| (ii) |
the place of discharge; |
| (c) |
in the case of an inbound consignment by sea, rail or road, an indication of whether the consignment is destined— |
| (ii) |
for transhipment, if the consignment is transported by sea; or |
| (iii) |
for transit through the Republic; |
| (d) |
the number of the transport document issued in respect of the goods, and the identity of the party who issued it; |
| (e) |
the full name and physical address of the consignor; |
| (f) |
the full name, and physical address of the consignee; |
| (g) |
a precise description of the goods in the consignment or the six digit Harmonised Commodity Description and Coding System number under which the goods are classified; |
| (h) |
the number of packages; |
| (i) |
the type of packages; |
| (j) |
the gross mass of the packages; |
| (l) |
in the case of a consignment consisting of a road vehicle or vehicles, the VIN number of the vehicle or of each vehicle; |
| (m) |
the marks and numbers on the packages (optional for a consignment transported by rail and road); and |
| (n) |
the relevant dangerous goods code as may be applicable to the goods, if the goods are hazardous goods; |
"bulk cargo"
means a large quantity of unpacked dry or liquid homogeneous cargo transported loose in the hold or cargo space of a vessel, railway carriage or truck;
"bulk cargo details"
means the following information in relation to each consignment of bulk cargo:
| (a) |
In the case of a consignment of bulk cargo transported by sea— |
| (i) |
the port of loading; and |
| (ii) |
the port of discharge; |
| (b) |
in the case of a consignment of bulk cargo transported by rail or road— |
| (i) |
the place of loading; and |
| (ii) |
the place of discharge; |
| (c) |
in the case of an inbound consignment, an indication of whether the consignment is destined— |
| (ii) |
for transhipment, if the consignment is transported by sea; or |
| (iii) |
for transit through the Republic; |
| (d) |
the number of the transport document issued in respect of the goods, and the identity of the party who issued it; |
| (e) |
the full name and physical address of the consignor; |
| (f) |
the full name and physical address of the consignee; |
| (g) |
a precise description of the goods in the consignment or the six digit Harmonised Commodity Description and Coding System number under which the goods are classified; |
| (h) |
the gross mass of the goods; |
| (i) |
the unit of measure; and |
| (j) |
the relevant dangerous goods code as may be applicable to the goods, if the goods are hazardous goods; |
"cargo"
in relation to a vessel, aircraft, railway carriage or truck, means any goods on board, or to be loaded on board, or off-loaded from, a vessel, aircraft, railway carriage or truck, but excludes—
| (b) |
the accompanied and unaccompanied baggage of travellers and crew members; |
"cargo reporter"
in relation to cargo on board, or to be loaded on board, or off-loaded from, a vessel or aircraft, means a person who in terms of a contract of carriage concluded by that person with the consignor of the cargo or any other interested person is responsible for the delivery of the cargo, whether that person is the carrier who transports the cargo or a clearing agent who arranged the transport of the cargo;
"cargo status"
in relation to cargo imported into or to be exported from the Republic by sea, means any of the following symbols used for indicating the form in which the cargo is imported or to be exported:
| (a) |
"FCL" for indicating that the cargo is contained in an FCL container or FCL (groupage) container; |
| (b) |
"LCL" for indicating that the cargo is contained in an LCL container; |
| (c) |
"Break Bulk" for indicating that the cargo is in break bulk; or |
| (d) |
"Bulk" for indicating that the cargo is bulk; |
"cargo type"
means the type of cargo distinguishing between—
"carrier"
means—
| (a) |
a shipping line, airline or other person carrying on business by transporting goods by sea or air for reward; |
| (b) |
a person carrying on business by transporting goods by rail for reward; |
| (c) |
a person carrying on business by transporting goods by truck for reward; or |
| (i) |
conducts a business involving the selling or leasing of goods or the dealing in goods in any other manner, or the packing, repairing, reconditioning, processing or producing of goods; and |
| (ii) |
in the course of conducting that business transports those goods; |
"clearing agent"
includes a person carrying on business in the Republic by arranging on behalf of other persons for reward the receipt, delivery or transport of goods imported into or to be exported from the Republic;
"consolidated cargo"
means different consignments—
| (a) |
packed into the same container; or |
| (b) |
consolidated in any way other than by packing the consignments into the same container; |
"container"
means transport equipment as defined in section 1(2) of the Act;
"containerised cargo details"
means the following information in relation to each consignment of containerised cargo:
| (a) |
In the case of a consignment transported by sea— |
| (i) |
the port of loading; and |
| (ii) |
the port of discharge; |
| (b) |
in the case of a consignment transported by rail or road— |
| (i) |
the place of loading; and |
| (ii) |
the place of discharge; |
| (c) |
in the case of an inbound consignment, an indication of whether the consignment is destined— |
| (ii) |
for transhipment, if the consignment is transported by sea; or |
| (iii) |
for transit through the Republic; |
| (d) |
the number of the transport document issued in respect of or covering the consignment and the identity of the party who issued it, and also, if the consignment is part of consolidated cargo transported by sea, the number of any house bill of lading issued in respect of the consignment and the identity of the party who issued it; |
| (e) |
the full name and physical address of the consignor; |
| (f) |
the full name and physical address of the consignee; |
| (g) |
a precise description of the goods in the consignment or the relevant Harmonised Commodity Description and Coding System number, to the six digit level, under which the goods are classified; |
| (h) |
the gross mass of the goods in the consignment, including packaging; |
| (j) |
the number of packages in the consignment; |
| (k) |
the type of packages; and |
| (l) |
the relevant dangerous goods number as may be applicable to the goods, if a consignment contains hazardous goods; |
"container details"
means the following information in relation to each container:
| (b) |
the container status; |
| (e) |
the container number; and |
"container status"
means the purpose for which a container is used, distinguishing between—
| (a) |
for transit through the Republic; |
"container terminal operator"
means the person who is in control of and who operates a container terminal contemplated in section 6(1)(hA) of the Act;
"conveyance number"
means—
| (a) |
the voyage number, in the case of a vessel; |
| (b) |
the flight number, in the case of an aircraft; or |
| (c) |
the trip number, in the case of a cross-border train; |
"crew" or "crew member"
in relation to a truck, means—
(a) the on-board operator of the truck; or
(b) any other person travelling on board the truck for the purpose of performing work on board the truck in the course of its journey;
"crew details"
means—
| (a) |
the full name, date of birth, gender and nationality in respect of each crew member; and |
| (b) |
the number and type of that crew member’s identification document and the country or organisation that issued the document; |
"cross-border railway carriage"
means a coach or wagon which—
| (a) |
forms part of a cross-border train that will transport goods out of the Republic, and includes a coach or wagon scheduled to form part of a cross-border train that will transport goods out of the Republic; or |
| (b) |
forms part of a cross-border train that transported goods into the Republic, and includes a coach or wagon which formed part of a crossborder train that transported goods into the Republic and from which the goods have not yet been unloaded; |
"cross-border train"
means a train on, or scheduled for, a voyage—
| (a) |
from a place outside the Republic to a destination inside the Republic; or |
| (b) |
from a place inside the Republic to a destination outside the Republic; |
"customs and excise airport"
means a customs and excise airport appointed by rule in terms of section 6(e) of the Act;
"degrouping operator"
means the licensee of a degrouping depot;
"depot"
means—
| (a) |
a container depot; or |
"enter"
in relation to the Republic, means—
| (a) |
in the case of a vessel or goods or persons on board a vessel, when the vessel crosses into the territorial waters of the Republic; |
| (b) |
in the case of an aircraft or goods or persons on board an aircraft, when the aircraft crosses into the airspace above the Republic; |
| (c) |
in the case of a cross-border train or goods or persons on board a cross-border train, when the train crosses the border into the Republic; or |
| (d) |
in the case of a truck or goods or persons on board a truck, when the truck crosses the border into the Republic; |
"equipment qualifier"
means the type of transport equipment used, distinguishing between—
"FCL container"
means a container containing goods consigned from one or more consignors to a single consignee;
"FCL (groupage) container"
means a container containing goods consigned from more than one consignors to more than one consignees;
"foreign-going aircraft"
means—
| (a) |
an aircraft at an airport, landing strip or other place in the Republic if that aircraft— |
| (i) |
has arrived at that airport, landing strip or other place in the course of a voyage from outside the Republic to a destination or destinations inside the Republic, whether that airport, landing strip or other place is that destination or one of those destinations or a stopover on its way to that or any of those destinations; or |
| (ii) |
is scheduled to depart from that airport, landing strip or other place in the course of a voyage to a destination outside the Republic, whether that airport, landing strip or other place is its place of departure to that destination or a stopover or one of several stopovers in the Republic from where it will depart in the course of that voyage; |
| (b) |
an aircraft in the airspace above the Republic on a voyage referred to in paragraph (a)(i) or (ii); or |
| (c) |
an aircraft on a voyage from a place outside the Republic to a destination outside the Republic— |
| (i) |
passing through the airspace above the Republic; or |
| (ii) |
making a stopover at any airport, landing strip or other place in the Republic; |
"foreign-going vessel"
means—
| (a) |
a vessel at a port, harbour or other place in the Republic if that vessel— |
| (i) |
has arrived at that port, harbour or other place in the course of a voyage from outside the Republic to a destination or destinations inside the Republic, whether that port, harbour or other place is that destination or one of those destinations or a stopover on its way to that or any of those destinations; or |
| (ii) |
is scheduled to depart from that port, harbour or other place in the course of a voyage to a destination outside the Republic, whether that port, harbour or other place is its place of departure to that destination or a stopover or one of several stopovers in the Republic from where it departs in the course of that voyage; |
| (b) |
a vessel in the territorial waters of the Republic on a voyage referred to in paragraph (a)(i) or (ii); or |
| (c) |
a vessel on a voyage from a place outside the Republic to a destination outside the Republic— |
| (i) |
passing through the territorial waters of the Republic; or |
| (ii) |
making a stopover at any place in the Republic; |
"general cargo"
means cargo of a diverse nature whether in packages or containers;
"general mandatory reporting information"
means—
| (a) |
the type of reporting document; |
| (b) |
the reporting document number; |
| (c) |
the message sender identity; |
| (d) |
the message function; |
| (f) |
the identity of the carrier; |
| (g) |
the transport ID, in the case of a vessel or aircraft; |
| (h) |
the transport name, in the case of a vessel; and |
| (i) |
the conveyance number; |
"identification document"
in relation to a person who is—
| (a) |
a South African citizen, means a South African Identity Document issued to that person; or |
| (b) |
not a South African citizen, means— |
| (i) |
a document issued to that person by the government of the country of which that person is a citizen for purposes of the identification of that person; or |
| (ii) |
a travel document referred to in paragraph (b) of the definition of "travel document" issued to that person; |
"land border-post"
means a road border crossing designated in terms of rule 200.03 as a place of entry or exit for road vehicles, and persons and goods on board such vehicles;
"leave"
in relation to the Republic, means—
| (a) |
in the case of a vessel or goods or persons on board a vessel, when the vessel moves out of the territorial waters of the Republic; |
| (b) |
in the case of an aircraft or goods or persons on board an aircraft, when the aircraft moves out of the airspace above the Republic; |
| (c) |
in the case of a cross-border train or goods or persons on board a cross-border train, when the train crosses the border out of the Republic; or |
| (d) |
in the case of a truck or goods or persons on board a truck, when the truck crosses the border out of the Republic; |
"LCL container"
means a container containing goods consigned from one or more consignors to more than one consignees;
"manifest" or "cargo manifest"
means a summary of cargo on board or to be off-loaded from a vessel, aircraft, railway carriage or truck at a specific place as reflected in the transport documents issued in respect of that cargo;
"means of transport"
means a vessel, aircraft, locomotive, railway carriage or truck engaged in the transport of goods or persons;
"message function"
in relation to a reporting document contemplated in these rules, means an indicator whether the reporting document is—
| (a) |
an original document; |
| (b) |
an amended and replaced document; or |
| (c) |
a cancelled document; |
"message sender identity"
in relation to a reporting document, means the identity of the person who submits the reporting document;
"on-board operator"
means ̶
| (a) |
the master of a vessel; |
| (b) |
the pilot of an aircraft; |
| (c) |
the driver of a train; or |
| (d) |
the driver of a truck; |
"outturn report"
means a report referred to in Part 7 and 8 of these rules;
"own goods carrier"
means a person referred to in paragraph (d) of the definition of "carrier" in this rule;
"part-shipment"
in relation to information reflected on an advance arrival or departure notice prescribed in terms of these rules for trucks entering or leaving the Republic, indicates a part of a consignment of goods that is—
| (a) |
transported through a single land border-post on more than one truck by reason of the size, weight or volume of the goods in the consignment; and |
| (b) |
entered on a single bill of entry;” |
[Definition inserted by section 1 of Notice No. R.845, GG42497, dated 31 May 2019]
"place of discharge"
in relation to—
| (a) |
inbound rail or road cargo, means the rail cargo terminal or place in the Republic where the cargo is to be off-loaded from the cross-border railway carriage or truck transporting the cargo into the Republic; or |
| (b) |
outbound rail or road cargo, means the foreign destination of the cargo; |
"place of dispatch"
in relation to—
| (a) |
inbound cargo, means— |
| (i) |
in the case of containerised cargo, the place where the container was packed outside the Republic for exportation to the Republic; or |
| (ii) |
in the case of bulk or break bulk cargo, the place from where the cargo was originally dispatched from a supplier’s premises outside the Republic for exportation to the Republic; or |
| (b) |
outbound cargo, means— |
| (i) |
in the case of containerised cargo, the place where the container was packed inside the Republic for exportation from the Republic; or |
| (ii) |
in the case of bulk or break bulk cargo, the place from where the cargo was originally dispatched from a supplier’s premises inside the Republic for exportation from the Republic; |
"place of loading"
in relation to—
| (a) |
inbound rail or road cargo, means the foreign railway station or place where the cargo is loaded on board a cross-border railway carriage or truck for transport to the Republic; or |
| (b) |
outbound rail or road cargo, means the rail cargo terminal or place in the Republic where the cargo is loaded on board a cross-border railway carriage or truck for transport out of the Republic; |
"port"
means a seaport appointed by rule in terms of section 6(a) of the Act;
"port authority"
means the authority in charge of a port or a customs and excise airport;
"port of discharge"
in relation to—
| (a) |
inbound sea or air cargo, means the port or customs and excise airport where cargo is to be off-loaded from the foreign-going vessel or aircraft transporting the cargo into the Republic; or |
| (b) |
outbound sea or air cargo, means the foreign seaport or airport where cargo is to be off-loaded from the foreign-going vessel or aircraft transporting the cargo out of the Republic; |
"port of loading"
in relation to—
| (a) |
inbound sea or air cargo, means the foreign seaport or airport where cargo is loaded on board a foreign-going vessel or aircraft for transport to the Republic; or |
| (b) |
outbound sea or air cargo, means the port or customs and excise airport where cargo is loaded on board a foreign-going vessel or aircraft for transport out of the Republic; |
"rail cargo terminal"
means premises at a railway station where cargo is—
| (a) |
off-loaded from, or loaded on board, cross-border railway carriages; and |
| (b) |
temporarily stored after being off-loaded or before being loaded; |
"rail carrier"
means a person referred to in paragraph (b) of the definition of "carrier" in this rule;
"rail consignment note"
means a document issued by a rail carrier or other person duly authorised by a rail carrier to transport, or to arrange the transport of, cargo to a specific destination on board a railway carriage, and which serves as proof that the carrier or other person—
| (a) |
has received the cargo; and |
| (b) |
has undertaken to transport, or to arrange the transport of, the cargo on the terms and conditions stated or referred to in the document; |
"railway station"
includes a railway siding serving a specific agricultural, mining, industrial or commercial enterprise, complex or area;
"railway terminal"
means a rail cargo terminal;
"reporting document"
means any advance notice, update of an advance notice, arrival or departure report, departure notice, manifest or outturn report, or any amendment and replacement of such a document, referred to in these rules;
"reporting document number"
means a unique reference number assigned to a reporting document by the message sender;
"reward"
in relation to the transport of goods, includes any form of consideration received or to be received wholly or partly in connection with the transport of the goods, irrespective of the person by whom or to whom the consideration has been or is to be paid or given;
"road carrier"
means a person referred to in paragraph (c) of the definition of "carrier" in this rule;
"road manifest information"
means—
| (b) |
the identity of the carrier; |
| (c) |
the transport name in relation to the truck; |
| (d) |
the container number in respect of each container, in respect of containerised goods; |
| (e) |
the identification number of any seal used on— |
| (i) |
any container on the truck; or |
| (ii) |
the loading compartment of the truck; |
| (f) |
a description of the goods; |
| (g) |
the number of packages, if applicable; |
| (h) |
the mass of the goods; |
| (i) |
the unit of measure; and |
| (j) |
on-board operator details and crew details in respect of any other crew on board; |
"road waybill"
means a document issued by a road carrier to transport, or to arrange the transport of, goods to a particular destination on board a truck, and which serves as proof that the carrier or that person—
| (a) |
has received the goods; and |
| (b) |
has undertaken to transport, or to arrange the transport of, the goods on the terms and conditions stated or referred to in the document; |
"sea carrier"
means a person referred to in paragraph (a) of the definition of "carrier" in this rule;
"service type"
in relation to a container, means the type of container, distinguishing between—
| (b) |
a full FCL (groupage) container; |
| (c) |
an LCL container; and |
| (d) |
a full FCL container; |
"these rules"
means the rules for section 8 of the Act;
"train"
means a locomotive with or without any passenger, goods or other railway carriages attached to it, including the fittings and furnishings of such locomotive or railway carriage and any apparatus or equipment fitted on or to such locomotive or railway carriage;
"transit shed"
means a transit shed for goods referred to in section 6(1)(g) of the Act where air cargo is off-loaded from, or loaded on board foreign-going aircraft;
"transit shed operator"
means the person in control of a transit shed;
"transport document"
in relation to cargo transported on board—
| (a) |
a vessel, means a bill of lading or other similar document issued in respect of the transport of that cargo; |
| (b) |
an aircraft, means an air waybill or other similar document issued in respect of the transport of that cargo; |
| (c) |
a railway carriage, means a rail consignment note or other similar document issued in respect of the transport of that cargo; or |
| (d) |
a truck, means a road waybill, road manifest or other similar document issued in respect of the transport of that cargo; |
"transport document number"
means a unique reference number assigned to a transport document;
"transport ID"
in relation to—
| (a) |
a vessel, means the radio call sign of the vessel; or |
| (b) |
an aircraft, means the registration number of the aircraft; |
"transport mode"
means the mode of transport distinguishing between—
"transport name"
in relation to—
| (a) |
sea transport, means the name of the vessel; |
| (b) |
air transport, means the name of the aircraft; |
| (c) |
rail transport, means the registration number of the cross-border train; and |
| (d) |
road transport by truck, means the registration number of— |
| (i) |
the load carrying truck or horse; |
| (ii) |
the trailer, in the case of a trailer; and |
| (iii) |
the additional trailer, in the case of an additional trailer; |
"travel document"
in relation to a traveller who is—
| (a) |
a South African citizen, means a travel document issued to that person in terms of the South African Passport and Travel Documents Act, 1994 (Act No. 4 of 1994); or |
| (b) |
not a South African citizen, means a travel document identifying that person that has been issued to that person by another government or international treaty organisation to facilitate the movement of that person across international boundaries; |
"truck"
means a vehicle—
| (a) |
with a gross vehicle mass exceeding 3500 kilograms; and |
| (b) |
that is designed or adapted for the transport of goods by road; |
"unit load device" or "ULD"
means an aircraft container—
| (a) |
specially designed and equipped for containing goods for transport in the hold of an aircraft; and |
| (b) |
which is of a durable nature and manufactured for repeated use; |
"verified gross mass" or "VGM"
in relation to a container means the mass of the container after it has been packed, calculated in accordance with current applicable Guidelines regarding the verified gross mass of a container carrying cargo, issued by the International Maritime Organisation to give effect to the requirements of the International Convention for the Safety of Life at Sea (SOLAS) in respect of the verification of gross mass of packed containers;
"wharf"
means a place where vessels may be berthed for the purposes of unloading or loading cargo;
"wharf operator"
means the person in control of any cargo on a wharf; and
“working day”
means any day other than a Saturday, Sunday or a public holiday.
[Definition inserted by section 2(c) of Notice No. R.1768, GG45931, dated 18 February 2022]
[Rule 8.01 substituted by section 2(a) and (b) of Notice No. R.1768, GG45931, dated 18 February 2022]
Older Persons Act, 2006
