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Thread: A ply too far

  1. #11
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    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

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    just me duncan drennan's Avatar
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    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?
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  3. #13
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    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

  4. #14
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    Quote Originally Posted by Yvonne Symons View Post
    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.
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  5. #15
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    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

  6. #16
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    Here are the regulations on the transportation of hazardous substances.

    Definition of a Tremcard:
    "Tremcard" means the transport emergency card listing the hazards and emergency information for a material being transported for use by the driver during an incident, or by the emergency services, if required.

    Incorporation of Standards:
    273A. Standard specifications SABS 1398 "Road tank vehicles for petroleum-based flammable liquids" and SABS 1518 "Transportation of dangerous goods - design requirements for road tankers", and codes of practice SABS 0228 "The identification and classification of dangerous substances and goods", SABS 0229 "Packaging of dangerous goods for road and rail transportation in South Africa", SABS 0230 "Transportation of dangerous goods - Inspection requirements for road vehicles", SABS 0231 "Transportation of dangerous goods - Operational requirements for road vehicles", SABS 0232-1 "Transportation of dangerous goods -Emergency information systems", Part 1: Emergency information system for road transportation" , SABS 0232-3 "Transportation of dangerous goods -Emergency information systems", Part 3: "Emergency action codes" and SABS 0233 "Intermediate bulk containers for dangerous substances" is incorporated into these regulations by notice published by the chief executive officer in the Gazette;

    I've ripped what seems to be the relevant parts of the Act too and attached them in a downloadable document below. Basically, The Minister has power to make these regulations.

    I suggest an approach by industry to the Minister to include the desired SANS 10232-4 in the regulations. It might have been left out due to an oversight caused by much duplication and an unawareness of the importance of allowing an alternative document that meets international standards and the objectives of the Act.

    Alternatively, approach SANS to ammend one of the SANS listed to incorporate the alternative document as a suitable document.

    None of the above two points should be construed as legal advice - they are merely suggested strategies. I also suspect that any competent lawyer would quickly have any prosecuting authority unwilling to proceed if the alternative document was used.
    Last edited by Dave A; 04-Apr-07 at 09:12 PM.

  7. #17
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    Dave it is not an oversight - it is deliberate!

    Taken from the SABS Website:

    Standards Sales makes TREMCARDS available to the public.

    Any party transporting goods per road classified as hazardous in accordance with national standard SANS 10228, The identification and classification of dangerous goods for transport is required by law to ensure that the driver of the vehicle transporting the dangerous goods is in possession of a TREMCARD for each hazardous substance on the vehicle at a specific time.

    Currently only the CEFIC TREMCARD, produced from NCEC software, is permitted under the National Road Traffic Act.

    The TREMCARD contains information in a clear and concise manner mainly for the use of the driver of the vehicle transporting dangerous goods, to make him aware of the danger associated with the load, and to serve as a concise and quick reference in an emergency situation.

    It is, however, also available to all other persons who might come into contact with dangerous goods in the course of transportation.

  8. #18
    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Yvonne Symons View Post
    Dave it is not an oversight - it is deliberate!
    I doubt making such an allegation is likely to improve your chances of remedying this challenge.

    Be nice. My approach would be:

    Clearly there has been a mistake. Entirely understandable. These things happen. Please let's get it fixed quickly before there is any embarrassment.

    If your alternative presents the same essential information, it would be unreasonable to deny the request. Especially as it meets international standards and is incorporated in an existing SANS standard too.

  9. #19
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    Quote Originally Posted by Yvonne Symons View Post
    Currently only the CEFIC TREMCARD, produced from NCEC software, is permitted under the National Road Traffic Act.
    Surely if you have the NCEC software then you can create your own TREMCards? Or is the cost of the software too high?
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  10. #20
    Site Caretaker Dave A's Avatar
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    More interestingly, Is it the CEFIC Tremcard or the NCEC software that has the copyright limitation?

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