INTRODUCTION

• AARTO has been implemented on pilot project basis

• National Road Traffic Act, 1996 and AARTO Act, 1998 must be used in conjunction with each other

• Amendment bill in process to add other acts to AARTO process

NRTA PROVISIONS

• Owner – person who use and enjoy motor vehicle

• Title holder – person who gives permission to sell vehicle

• Section 73 creates a presumption:– Owner drove/parked vehicle, if driver unknown– Corporate body = owner, presumed director or

servant drove vehicle as duty or interest

IMPLEMENTATION• AARTO was implemented in Tshwane on 16 July

2008 • Legislation was implemented in Johannesburg

on 1 November 2008 – • Road traffic offences in the rest of the country is

still prosecuted in terms of the Criminal Procedure Act, 1977

• The demerit point system is tested but has not been implemented yet – implemented at end of Administrative system

• All infringements committed in these areas are addressed in terms of AARTO

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ROAD TRAFFIC INFRINGEMENT AGENCY

• Section 1 to 16 of Act• RTIA Board• Registrar – in charge of RTIA• Administrative functions may be contracted

to another organisation - RTMC • Representation officers and sheriffs• Sole purpose to address road safety and

finalise traffic infringements

Criminal Procedure

• Sec 341 and 56 notices• Sec 54 summons• Sec 341 and 56 replaced by AARTO 01,

02 and 03• Offences – sec 54 summonses will still

be issued

General provisions

• Serving of notices by registered mail – 10 day presumption

• Automatic discounts• No court or payment dates on AARTO 01, 02

or 03• Administrative fees

Offence or infringement committed

• Section 17

• Infringement notice - AARTO 01, 02 or 03- 32 days

• Offence - Arrested- Section 54- Court

process

Infringement notice

• AARTO 01, 02 or 03 - 32 days• Options: 1. Pay in 32 days/ 50% discount

2. Pay instalments/AARTO 043. Make

representations/AARTO 084. Choose court/AARTO 105. Nominate actual

driver/AARTO 07

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DUTY of OWNER Sec 17(5)

• Duty on owner before vehicle is driven to collect information on driver

• R 750 + 2 points• Owner commits offence if he allows someone to

use his vehicle without obtaining the following information of the driver:– Full names– Acceptable identification (Copy of ID, passport, driving

licence for NDC purposes) – Residential address– Postal address

Receipts

• All documents that are sent to the RTIA or RTMC

• Receipt must be issued• Sender’s responsibility to resend if no

receipt is received in 21 days• Prosecutors cannot cancel notices-

process continues

Courtesy letter

• Section 19• 32 Days• Options: 1.Pay full amount and admin fee

R60/R1002. Make representations/AARTO 08,

If rejected – extra R 2003. Choose court/AARTO 104. No direct nomination on AARTO

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Enforcement order

• Section 20• No licence cards, operator cards or discs• Demerit points allocated• Additional fees• Options: 1. Pay full amount - R60/R100

2. Apply for revocation/AARTO 14

Warrant

• Section 21• Executed by Sherriff• Infringer may pay costs before execution is

finalized.• Results: 1. Sherriff seizes licences,

property, operator cards2. Vehicle immobilized

Penalties and demerit points

• Penalty Rand Value• 2 R 100• 5 R 250• 10 R 500• 15 R 750• 20 R 1000• 25 R 1250• 30 R 1500• O Court

• Discount Dem• R 50 -• R 125 0• R 250 1• R 375 2• R 500 3• R 625 4• R 750 5• - 6

Demerit points• Person - Initial points (0-12max)

- Reduce at 1 point per 3 months (No further infringements)- Every point over 12 points (3 months disqualified form driving)- Must hand licence to authority – failure R 1000 and 3 points

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Demerit points continued

• Operator - Initial points (0-12max)- Reduce at 1 point

per 3 months (No further infringements)

- Every point over 12 points

(3 month operator card suspension)

Duties of operator- Section 49 - NRTA

a) Information to authorities on address, proxy, etc.

b) Protect card – display in windowc) Control driver – All offences, specific PrDP and

overloadingd) Vehicle fitness – RWC, licence, etc.e) Safety of public – general safetyf) Dangerous goodsg) Loading and transportation

Item Code Ref Description Cl Penalty D P Rand Disc Pay Op

24 1224 Reg 35Operated a vehicle with number plates not relating to vehicle

O C 6 0 0 0 49(c)

130 1900Sect. 32(1)

Operated a goods vehicle with a GVM > 3500 kg. without a professional driving permit issued to him or her .

I 25 4 1250 625 625 49(c)

531 2684Reg. 192A(2)(a)

Goods vehicle with GVM more than 3500kg not fitted with contour or strip markings at the sides / rear or such markings affixed higher than 600mm from lower part of body

I 10 1 500 250 250 49(d)

1293 3700Sect. 58(1)

Failed to stop motor vehicle at stop sign of traffic or customs official. Non-RWC

I 10 1 500 250 250

Example - Driver• Incorrect number plates – R 1000 and 3

points• Commit no infringements for three months • Points reduce = 2 points total• Speeding - R 1000 and 3 points = 5 points

total• Overload vehicle –R 1500 and 5 points = 10

points total• Drive without valid PRDP – 4 points = 14

points total• Person disqualified for 6 months from driving20

Example – Driver and Operator Points• Driver :• No PrDP – Sec 32 – R 1250 + 4 DP • Stop lamp not in working order –

Reg 169 – R 500 + 1 DP• No contour marking – Reg 192A –

R 500 + 1 DP• Driver did not stop sign – Sec 58 -

R 500 + 1 DP• Overloaded – Reg 234 - R 500 + 1

DP

• Driver – 8 points

• Operator:• Sec 49(c) – R 1250 + 4 DP

• Sec 49(d) – R 1250 + 4 DP

• Sec 49(d) – R 1250 + 4 DP

• No action against OP

• Sec 49(g) – R 1250 + 4 DP

• 16 points – OP card suspended 1 year

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Section 33 - Demerit point information

• Employer may only have access to points with permission of employee

• New and existing employees have to complete form to give permission

• “Private time” points also count towards record – Owner must be aware of all points

• Application criteria should include statement on points - driver has to apply for statement

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HR Issues

• AARTO does not address labour issues – Labour Act and Basic Conditions of Employment Act regulate labour issues

• No licence and PrDP – Not qualified to do job• Road Traffic legislation influences labour contracts• Drivers and proxies must be informed of new

legislation• Procedures should be drawn up to ensure

employees know the company’s policies• Employees must be trained on new legislation

Suggested Procedures

• Company should develop rules on:– Failure to react in 32 days to infringement notice– Administrative costs for courtesy letters and

enforcements orders– Failure to supply information to proxy to make

decisions on operator infringements– Failure to control vehicle use – No information

on offending driver– Procedure to ensure current information on

postal and residential address

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Procedures

• Inspection trip sheets• Frequent checks on driving licences• Procedures to assist drivers with

infringements• Policy on treatment of drivers disqualified

from driving

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Conclusion• AARTO was developed to address all the law

enforcement issues that are currently inadequately addressed by the Criminal Procedure Act

• Traffic law enforcement will have to be intensified to ensure that AARTO is successful – the threat of AARTO is only a threat if a person is prosecuted for infringements and offences

• Corruption must be addressed, traps and the successful prosecution of both officers and members of the public is vital to make AARTO viable