Foreign truck drivers working for South African freight companies are required to have valid working permits and if they do not, insurance companies are legally not obliged to pay out claims in the event of an accident.
This is according to Gavin Kelly, CEO, Road Freight Association who was speaking to Lester Kiewit, host of radio show Good Morning Cape Town.
Kelly was answering the question on whether or not a foreign national from a neighbouring country would need to have a work permit to work as a driver for a South African company even if the driver has a SADC licence that is recognised in the country.
Kelly said that it is illegal for a foreigner to be in the country without the correct visa/entry permit and it is also illegal to employ foreigners in a South African company without the necessary work permit or special permit/visa.
“If an insurance policy states that employees including drivers must meet all legal requirements - then the insurer has the right to repudiate a claim if this part of the contract is not complied with,” Kelly said.
“Work permits ensures that all employees are registered with the relevant Council, receive the minimum benefits and wages, and all employment opportunities that are available are made available to qualifying South African citizens first.”
According to Kelly, freight drivers that are transporting goods from one country to another country are only required to be employed legally where the company is registered.
For example, if a driver is hauling freight across borders from South Africa to Namibia, then the driver is required to be employed by the South African company.
The driver is only allowed to enter the other country if it is a part of their work and if the contract with their employer has stipulated it.
Depending on the country, the driver will have a number of days to pick up the load and come back to South Africa.
SADC countries
According to Kelly, SADC licences are recognised as the National Road Traffic Act makes specific allowances for this.
“Foreign nationals who come in on tourist visas can drive hired vehicles or their own if the are resident in neighbouring countries,” Kelly said.
“Foreigners who in the cause of their employment by companies outside of South Africa are authorised to drive the categories of vehicle used to transport goods into, and out of, South Africa."
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