The ONE Pollution Liability Insurance Policy is available to those needing to transport Dangerous Goods by road. Dangerous Goods are identified and classified according to the code of practice SABS 0228. The law is rigid in terms of its definition and once a substance has been classified as a Dangerous Good there are onerous and specific procedures that need to be followed and requirements to be met.
The damages arising from the spillage of the Dangerous Goods and the clean-up costs
Removal or deactivation of the Dangerous Goods and ensuring that the area affected is restored to its
Provision of legal representation in the event of the institution of any legal proceedings
Bodily injury or death arising exclusively as a result of the spillage of Dangerous Goods
Damage to third party assets arising exclusively from the spillage of Dangerous Goods
The Dangerous Good itself
Damage to the transporting vehicle or any other vehicle involved in the collision
Bodily injury or death to the insured or employees or agents
The event, if it occurs on owner’s premises or premises, in owner’s care, custody and control (however, this cover can be provided separately as an extension, if so required)
Fines and penalties
Contractually assumed liability
Requirements for Cover
All requirements are expected to be met and to be complied with. Given the risks involved, non-compliance with these legal requirements could invalidate cover. The National Road Traffic Act 93 of 1996 and in particular Chapter viii of the Regulations deals specifically with the Transportation of Dangerous Goods and Substances by Road. However, this Act is not exhaustive, and the policyholder is expected to comply with all legal requirements.
Cover is only valid in respect of a sudden and unforeseen event
The claim must have occurred on or after the retroactive date and during the period of insurance
The Dangerous Goods must be in the process of being transported but this includes the period of the
loading and unloading
The transportation must be by road; along the route; during the hours; and in accordance with the terms provided by the Authorities in a vehicle that is legally permitted to carry the Dangerous Goods
The driver must:
have the required PrDP-D that allows them to transport these Dangerous Goods
be older than 25 years of age
have been trained specifically for the Dangerous Goods that they transport
Pollution Liability: Claims Process
Immediately following a Dangerous Goods spillage, the policyholder must call the 24/7 Incident Management
Centre at 0870 660 286.
The first few hours are always the most critical and immediate notification is a condition precedent to liability.
The Incident Management Centre will instruct service providers, who have the specialised skills and equipment, and who are on permanent stand-by, to immediately attend to the spillage and begin the clean-up process. All claims must be handled via the Incident Management Centre.