Transporting Dangerous Goods and other Hazardous Materials
Most general liability policies will exclude liability arising out of the transport of hazardous substances. Camargue policies, for example, sometimes contain the following endorsement:
This policy does not cover liability arising when a Vehicle is used to transport dangerous goods. Dangerous goods are items whose transport is regulated by law, including but not limited to those products listed in the South African National Standard SANS 10231.
Although most people in the transport industry are quite familiar with SANS 10231, this article has been prepared for brokers who may need to give advice to those clients. The first thing you need to know is that, although some goods require a special permit for their transport, there are other substances, such as Nitro hydrochloric acid, which companies are simply not allowed to transport.
In terms of the South African National Standard dangerous goods are split into several broad classifications:
- Class 1 – Explosives
- Class 2 – Gases which are compressed, liquefied or dissolved under pressure.
- Class 3 - Flammable Liquids
- Class 4 - Flammable Solids
- Class 5 - Oxidizing Agents and Organic Peroxides
- Class 6 - Toxic and Infectious Substances
- Class 7 – Radioactive substances
- Class 8 - Corrosive Substances can dissolve organic tissue or severely corrode certain metals
- Class 9 – Miscellaneous hazardous substances that do not fall into other categories, such as asbestos.
It is worth remembering that not only is the consignor of dangerous goods responsible for ensuring that those dangerous goods are correctly classified, they must also ensure that the goods are packaged in accordance with certain prescribed laws.
What is of particular importance to you as a broker is that SANS 10231 specifically requires the operator to ensure that it has insurance covering civil liability, recovery and rehabilitation costs.
Camargue Liability Academy for Brokers (LAB)
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