A ply too far

[Dave A]

I think Yvonne's post has, in a way, opened a whole new facet to this regulatory issue.

To touch on the TREMCard for a moment. The format for this, if I've got it right, is prescribed in the regulations of The Transportation of Hazardous Substances Act. By my understanding, this makes the format public domain.

There is a corrolary in the Electrical Industry - the format and content of a Certificate of Compliance is prescribed. You may print your own but there is no sense to doing that - it simply works out cheaper to buy them from the ECA.

We have to display a notice of the Basic Conditions of Employment Act. Again, anyone can print and distribute it.

Why is the TREMCard any different? Yvonne, can you point in the direction (hopefully something on the web) that shows the regulatory framework for this.

The second issue is how regulatory bodies and NGOs are supposed to finance themselves out of their activities nowadays, but I'll tackle that tomorrow evening I think.

[Yvonne]

I need to find the time to ensure that all my information is 100% correct.

This is a per use copyright cost - on a standard which makes a specific copyright compulsory. TREMCARD is copyright of C.E.F.I.C.

Trying to find an intellectually acceptable example of the possibilities of this occurring in another industry:
Somewhere where “safety� standards make complete sense, are a required regulation for compliance?

Dave for your industry I would imagine that one form is all you need so purchasing them in bulk is a possibility.
Hazardous goods classification have over 3000 variations.
Would you pay approx R65.00 per copy for your document?

I need an example of an industry where one could "develop" the standards, then “sell� this to the S.A.B.S. and the standards are implemented, and my copyright is an actual standard!.
I then can legally require a copyright payment each time the standard is used.

Note: Printed publications – copyright is acceptable to business within reason, based on normal publication price of standards. This should be the sole avenue of income for the S.A.B.S.

Day to day “usage� of the standards – no fee for the copyright of the information should be required.

Yvonne

[Dave A]

Would you pay approx R65.00 per copy for your document?

Maybe if it was printed on paper made of gold

Every regulation I've seen to date that specifies a particular format normally has a "or reasonable (approximation?)" aspect. Regulating mandatory use of a copyrighted document with a hefty royalty seems rather poorly considered.

[Yvonne]

This gets more interesting.
I was told that company X was charging R65.00 for the document, just telephoned and the charge is now R30.00 excluding Vat.

I am trying to obtain a copy of the standards to double check my facts.

Dave I love your use of language: Regulating mandatory use of a copyrighted document with a hefty royalty seems rather poorly considered.

It is not only the issue of the cost, but the inconvenience!

Yvonne

[duncan drennan]

I'm still a bit confused

Do they supply you with the actual TREMcard with all the information on it, or do they supply you with the blank template, and you fill in the information?

[Yvonne]

The Material Safety Data Sheet identifies the UN number.

Each UN classified number has specific emergency response information.

The transport emergency response is therefor "specific" to the substance or goods, printed out specifically for that product by its UN Number identification.

No information is "entered" onto the printed card.

Yvonne

[duncan drennan]

The Material Safety Data Sheet identifies the UN number.

Each UN classified number has specific emergency response information.

The transport emergency response is therefor "specific" to the substance or goods, printed out specifically for that product by its UN Number identification.

No information is "entered" onto the printed card.

Okay, so if I've got this right, you supply all the info about what you are carrying, then these guys print you out a card. You pay (paid) R65 for the card, which you can then use to transport that one particular item(s).

All the info that needs to be on the TREMCard is standard (as per some international and national standards), but the only people who are allowed to print TREMCards is one particular company.

[Yvonne]

Yes Duncan, except I have checked the charge and it is now R30.00 - but it is still the issue of inconvenience, and why any copyright royalty should be gained from compulsory information.

Originally SANS codes only permitted TREMcard of CEFIC copyright.
SANS 10232-2, Transportation of dangerous goods - emergency information systems Part 2: Emergency information system for rail transportation
Standards SANS 10231 clause 3.1.25, SANS 10232-1 clause 3.1.23 and 6.1.3and SANS 10232-4 provided for the use of either the CEFIC© Tremcard, or an alternative called TREC – which is a Transport Emergency Card, which may be compiled using prescribed phrases listed in SANS 10232-4
The standards cover the nature of the information about the product being carried, etc.

This gave us “permission� to make use of our own Dangerous Goods Manager computer program which prints Transport Emergency Cards, which are legally acceptable throughout Europe, U.K. U.S.A. Scandinavia, South America etc.

In the government gazettes on November 15 (number 29390) the minister of transport Jeff Radebe, withdrew these standards: (SABS) SANS standards – 10231-2003 by re-incorporating the standard Govt. notice 1148
Note: We heard nothing about this proposed withdrawal of the above standards, until it was "brought" to our clients notice by a holder of the CEFIC license!

This removed the right to obtain your Transport Safety Emergency Response Card from any other alternative but the S.A.B.S. and 4 licensed CEFIC holders of the copyrighted Tremcard.

The Minister of Transport should have to defend his action and his right to enforce the payment of royalties, copyright or license fee, to any party, for day to day usage of something essential to the safe transport of dangerous goods.

So, ideas for a new income: Seek something which has an element of “safety� involved, create standards, copyright them (How you get them gazetted or accepted by S.A.B.S. is of course the question?), and then sit back and obtain a copyright profit on every single print of the compulsory regulations.
Yvonne