Transport and Public Works
Whether the transportation of farm workers is regulated in the Western Cape; if not, why not; if so, what are the relevant details?
The transportation of farm workers, in cases where such transport is provided by farmers at no cost to farmworkers, is regulated in terms of national legislation. Regulation 247 of the National Road Traffic Regulations describe the circumstances under which persons may be carried on goods vehicles, as follows:
Regulation 247 : No person shall operate on a public road a goods vehicle conveying persons unless that portion of the vehicle in which such persons are being conveyed is enclosed to a height of-
(a) at least 350 millimetres above the surface upon which such person is seated; or
(b) at least 900 millimetres above the surface on which such person is standing,
in a manner and with a material of sufficient strength to prevent such person from falling from such vehicle when it is in motion:
Provided that no person shall be conveyed in the goods compartment together with any tools or goods, except their personal effects, unless that portion in which such persons are being conveyed is separated by means of a partition, from the portion in which such goods are being conveyed.
Where farm workers are required to pay for transport, Regulation 250 of the National Traffic Regulations, expressly prohibits the transporting, for reward, of farmworkers in the goods compartment of motor vehicles.
Regulation 250 : No person shall on a public road carry any person for reward in the goods compartment of a motor vehicle.
