Aarto is so broken, it can’t be fixed
AARTO: SYSTEM SO BROKEN, IT MAY NOT BE FIXABLE
The Justice Project wants the controversial Aarto Act ‘thrown out’ and government to revert to the Criminal Procedure Act for traffic law enforcement.
Motorists urged to voice their concerns on the Bill.
The Justice Project SA (JPSA) has called on government to “throw out” the controversial Administrative Adjudication of Road Traffic Offences (Aarto) Act and revert to the Criminal Procedures Act for traffic law enforcement.
This is supported by the Automobile Association. Spokesperson Layton Beard says government should go back to the drawing board and prioritise road safety.
JPSA chair Howard Dembovsky illustrated a possible effect of the Amendment Bill as follows:
A company with a fleet of 1 000 cars appoints its fleet manager as proxy (representative); 500 cars each get a speeding fine with one demerit point. If the fleet manager pays all the fines, but fails to nominate the real drivers within 32 days, he’ll be awarded 500 demerit points against his own driver’s licence and prohibited from driving as he exceeds the maximum 12 demerit points. The suspension period per demerit point above the threshold (488 points) is three months – so it’ll take 122 years before he can resume driving.
The Aarto Act has been in force in Pretoria and Johannesburg as pilot projects for almost a decade.
These projects have been characterised by administrative failures, court challenges and financial problems for the authorities issuing infringement notices and the Road Traffic Infringement Agency tasked with administering the Act.
Government later introduced the Aarto Amendment Bill that’s now in the last stages of the parliamentary process before being made law. The Bill is still deeply flawed, says Dembovsky.
It’s government’s stated objective to roll out Aarto, including a points demerit system, countrywide once the Amendment Bill is enacted.
Dembovsky called on motorists to take the last opportunities for public comment on the Bill as it is presented to the National Council of Provinces to voice their concerns. National Assembly has already adopted it.
He says in terms of the amendments, not only driving licences and operator cards may be suspended or cancelled when the maximum number of demerit points are awarded, but permits and operating licences issued in accordance with any road transport legislation too.
Electronic service of infringement notices will be allowed. Authorities may presume the alleged infringer has received an infringement notice 10 days after sending an e-mail or posting it on the person’s social media page.