Safety & compliance Regulation
PDS in mining: what the collision avoidance rules require
PDS in mining: on SA pits with significant collision risk, diesel machines must warn, then slow and brake by themselves (reg 8.10.2.1(b), since Dec 2022).
Contents 8 sections
On South African opencast and open pit mines where machine-to-machine collisions are a significant risk, regulation 8.10.2.1 requires every diesel trackless mobile machine to detect other diesel machines and warn both operators. If nobody acts, the machine must slow to a safe speed and brake by itself, and the system must fail to safe. That automatic part, 8.10.2.1(b), has been in force since 21 December 2022 with no transitional period.
For a contractor, this means machines must arrive fitted for, and integrated with, the collision prevention system the mine has chosen, unless the mine holds a section 79 exemption that covers them.
Collision avoidance regulations in brief
The trackless mobile machinery regulations were added to Chapter 8 by Government Notice R. 125 (GG 38493, 27 Feb 2015, read 25 Sep 2026). They came “into operation 3 months after the date of publication”, which was 27 May 2015, “with the exception of sub-regulations 8.10.1.2(b) and 8.10.2.1(b)”.
Those two sub-regulations carry the automatic slow-down and stop. They waited more than seven years. The Minister then determined “the date of publication of this notice” as their commencement date in Government Notice 2908 (GG 47790, 21 Dec 2022, read 25 Sep 2026). The notice has no transitional period. The consolidated regulations to 26 June 2025 show no later amendment to regulation 8.10 (Law Explorer consolidation, read 25 Sep 2026). The 2025 notices on machinery and equipment added regulation 8.13 on shafts and winders and left 8.10 alone. The DMPR’s list of regulation notices shows nothing later (DMPR, Mine Health and Safety Resources, read 25 Sep 2026).
A trackless mobile machine is “any self propelled mobile machine that is used for the purpose of performing mining, transport or associated operations underground or on surface at a mine”. The definition excludes rail-bound equipment, draglines, winding installations and track-mounted conveyors, among others. PDS (proximity detection system) and CAS (collision avoidance system) are industry terms. The regulations describe functions, and the Minerals Council’s projects call the whole set a collision prevention system (CPS).
What regulations 8.10.1 and 8.10.2 say
Both regulations start with a general duty: the employer “must take reasonably practicable measures” to prevent injuries from collisions. The pedestrian rules in 8.10.1 then apply “at any mine where there is a significant risk of such collisions”. The machine-to-machine rules in 8.10.2 apply “at any opencast or open pit mine where there is a significant risk of such collisions”.
On a surface mine, the rules fall on machines as follows.
| Machine on a surface mine | Rule | What it must do where the risk is significant |
|---|---|---|
| Diesel haul trucks, loaders, dozers, graders, water carts and other diesel machines, including diesel light vehicles used at the mine | 8.10.2.1(a) and (b) | Detect other diesel machines in the vicinity; warn both operators; if no action, slow to a safe speed and brake automatically; “fail to safe” without human intervention |
| Electric or battery machines, except “shovels, bucket wheel excavators and overburden drills” | 8.10.1.1 | Detect pedestrians; warn operator and pedestrian; if no action, slow and brake automatically “without human intervention” |
| Diesel machines and people on foot | 8.10.1 general duty | Reasonably practicable measures. The automatic detection rule for pedestrians, 8.10.1.2, applies to underground diesel machines only |
| Draglines, rail-bound equipment, track-mounted conveyors | Outside the definition | Covered by other Chapter 8 rules and the mine’s risk assessment |
The regulations define “fail to safe” as “so designed as to activate and effectively perform its intended function without harm to persons and without human intervention”. The regulations do not define “vicinity” or “significant risk”. The Minerals Council’s surface user requirement specification concludes that vicinity “cannot be a fixed value; it is scenario dependent” (MOSH, CPS Surface User Requirement Specification, 2025, read 25 Sep 2026).
Where EMESRT levels 7, 8 and 9 fit
South African regulations do not mention the Earth Moving Equipment Safety Round Table (EMESRT) or its levels. Pay Dirt could not retrieve EMESRT’s own definitions, so this section uses the levels only as the Minerals Council does. Its Mining Industry Occupational Safety and Health (MOSH) team maps them onto the regulations in an interpretation note (MOSH, Significant Risk of TMM Collision, 2023, read 25 Sep 2026):
- Proximity detection and warning is “EMESRT Level 7 and/or Level 8”.
- Automatic slow-down and stop is “EMESRT Level 9”.
- If a mine has fitted Level 7 or 8 warning to a machine, the note argues, that machine is deemed to work where collision risk is significant. It therefore “must be upgraded to automatically slowdown and stop”.
- A Level 9 system “does not necessarily conform to the requirements of a CPS”.
The same note says the combined term “significant risk” “has NOT been legislated”, so each employer “must adopt its own position and be able to justify and defend it”. It adds that CPS cannot be the only control: “centre berms on bi-directional haul roads” are its example of a physical control that still has to be there.
The surface user requirement specification reads the regulation as requiring a warning only when a collision is imminent. That, it says, “excludes what is called ‘L7’ ‘Awareness’ warnings”, because operators exposed to constant alarms become conditioned to ignore them.
Status of the collision rules in 2026
In force. Regulations 8.10.1.2(b) and 8.10.2.1(b) have applied since 21 December 2022. Pay Dirt found no gazetted general exemption from either on the DMPR’s list of published regulations and notices, read 25 Sep 2026. Pay Dirt also found no public list of exemptions granted to individual mines, so it cannot say how many mines hold one.
Exemptions are site by site. Section 79 of the Act lets “the employer of a mine” request an exemption from the Minister. It may be “general or particular”, “for any period”, and “on any conditions that provide the same overall protection”. The Minister issues a certificate, and the employer “must prominently and conspicuously display any exemption granted”. The Minerals Council’s 2023 compliance approach records that the Regulator referred mines to section 79. It also records the Chief Inspector of Mines’ position that applications “must be accompanied with mine specific action plans” (MOSH, Common Member-Differentiated Approach, 2023, read 25 Sep 2026).
The Inspectorate is still finding gaps. In the Inspectorate’s 2024/2025 annual report, the KwaZulu-Natal regional office says the implementation of collision prevention systems, between vehicles and pedestrians and between vehicles, “remains a persistent issue”. Nationally, the report counts 14 transportation and mining fatalities in 2024. Nine of them involved trackless mobile machines, up from six such deaths in 2023 (MHSI Annual Report 2024/2025, read 25 Sep 2026).
The industry’s collision prevention work
MOSH’s “Industry Alignment on TMM Regulations” project “facilitated industry efforts” to get collision prevention systems and mines ready for regulation 8.10 (MOSH project page, read 25 Sep 2026). On 25 Sep 2026 its document list included a surface user requirement specification and surface test specifications, posted in September 2025. Readiness criteria and a legacy equipment report followed in October 2025, and further test specifications in January 2026.
The legacy equipment report explains what a contractor is likely to be asked for (MOSH, Report on Legacy Equipment, 2025, read 25 Sep 2026):
- One system per mine. Collision devices from different suppliers cannot talk to each other, because no international standard exists for device-to-device communication. The industry therefore “concluded that the only practical solution is to use one CxD supplier for all TMMs on a mine”. CxD is the collision warning and avoidance device. Every machine on that mine, including yours, has to work with the mine’s chosen device.
- A standard interface. To make that possible, the industry requires CPS products to conform to ISO 21815-2, the on-board J1939 communication interface for collision warning and avoidance on earth-moving machinery.
- Older machines can be converted. Legacy machines without electronic controls can be made ready with third-party kits, which means modifying the machine’s braking and acceleration systems. “As of May 2025, there are seven 3rd Party suppliers that have passed the TRL4 ISO interface independent verification test.” The report warns of “warranty and liability issues” with such modifications. It adds that the cost “may not be warranted given the remaining life of the TMM”.
What a contractor bringing machines onto a mine must have and prove
The duty in 8.10.2 sits with the mine as employer. The mine’s code of practice for trackless mobile machines is written to guideline DMR 16/3/2/2-B2 (GG 39228, 25 Sep 2015, read 25 Sep 2026). Clause 8.11.5 requires “procedures for the installation, operation and maintenance of proximity detection and collision avoidance systems”. Clause 8.14.8 requires “procedures to ensure trackless mobile machines entering mine premises pose no significant risk”. A contractor’s machines are checked against those procedures when they arrive.
The contractor has direct duties too. Under section 21(1)(a), anyone who “supplies any article for use at a mine” must ensure, as far as reasonably practicable, that it “complies with all the requirements in terms of this Act”. Where 8.10.2.1 applies on a mine, a diesel machine that cannot slow and brake by itself does not meet that regulation. Clause 8.14.8 is the procedure the mine uses to keep such a machine out.
Common questions
Is Level 9 collision avoidance a legal requirement on South African surface mines?
The regulations do not use EMESRT levels. Regulation 8.10.2.1(b) has been in force since 21 December 2022. On an opencast or open pit mine with a significant risk of machine-to-machine collisions, it requires every diesel trackless mobile machine to slow to a safe speed and brake automatically when nobody acts on a warning, failing to safe. The Minerals Council equates that function with EMESRT Level 9, but notes that a Level 9 system does not necessarily meet the South African requirements.
Was there a grace period for regulation 8.10.2.1(b)?
No. Government Notice 2908 of 21 December 2022 made the date of publication the commencement date, and the notice contains no transitional period. A mine that cannot comply must apply for an exemption from the Minister under section 79 of the Mine Health and Safety Act.
Can a contractor apply for its own exemption from the collision rules?
Section 79 lets the employer of a mine request an exemption, and the Act defines the employer as the owner, which excludes an independent contractor. A contractor’s machines can rely only on an exemption the mine holds, on that exemption’s conditions, and the mine must display any exemption it has been granted.
Sources
- Government Gazette 38493, No. R. 125, 27 Feb 2015: Regulations relating to machinery and equipment, Department of Mineral Resources, read 25 Sep 2026.
- Government Gazette 47790, No. 2908, 21 Dec 2022: Commencement of the regulations relating to trackless mobile machinery, Department of Mineral Resources and Energy, read 25 Sep 2026.
- Mine Health and Safety Act 29 of 1996 and Regulations, consolidated booklet, Mine Health and Safety Council, printed 2018, read 25 Sep 2026.
- Guideline for a mandatory code of practice for trackless mobile machines, DMR 16/3/2/2-B2, Government Gazette 39228, 25 Sep 2015, read 25 Sep 2026.
- Industry Alignment on TMM Regulations, Minerals Council South Africa (MOSH), read 25 Sep 2026.
- What is Significant Risk of TMM Collision?, Minerals Council South Africa (MOSH), April 2023, read 25 Sep 2026.
- Common, Member-Differentiated Approach to Compliance with TMM Regulations, Minerals Council South Africa (MOSH), April 2023, read 25 Sep 2026.
- CPS Surface User Requirement Specification, Minerals Council South Africa (MOSH), signed August 2025, posted 5 Sep 2025, read 25 Sep 2026.
- CPS Report on Legacy Equipment, Minerals Council South Africa (MOSH), October 2025, read 25 Sep 2026.
- Mine Health and Safety Inspectorate Annual Report 2024/2025, Department of Mineral and Petroleum Resources, read 25 Sep 2026.
- Mine Health and Safety Regulations, consolidated to 26 June 2025, Law Explorer, read 25 Sep 2026.
- Mine Health and Safety Resources: regulations, guidelines and gazette notices, Department of Mineral and Petroleum Resources, read 25 Sep 2026.
