Aarto will ‘up revenue’

Issuing of licences can now be blocked pending settlement of debts. FINE PAYMENT OPTIONS THAT LOSE MONEY REPEALED

The Road Traffic Infringement Agency (RTIA) says the implementation of the controversial Administrative Adjudication of Road Traffic Offences (Aarto) Act system will result in an increase rather than a decrease in income for municipalities from traffic infringements.

This follows a Swellendam municipality report claiming that the implementation of Aarto will have significant financial implications and could result in municipal traffic services shutting down.

In terms of the Aarto Act, 50% of traffic fine revenue will be diverted from municipalities to RTIA when the act is implemented. The date on which the Aarto Amendment Act will be implemented has not yet been gazetted.

Minister of Transport Sindisiwe Chikunga said in July last year that Aarto would be implemented nationally from 1 July, 2024. But its implementation has reportedly been delayed so the RTIA and the department of transport can finalise some issues.

The Swellendam local municipality report further stated that for Aarto to function properly, the municipality must enter into an agreement with the SA Post Office for the issuing of notices to alleged offenders, which is a huge stumbling block “as we now know post offices are closing down and they cannot guarantee sustainable delivery of mail”.

However, RTIA stressed that the electronic service of infringement notices to motorists through e-mails and SMSes is allowed by amendments to the Aarto Amendment Act.

RTIA spokesperson Monde Mkalipi said the value of issued infringement notices does not necessarily result in the same value being paid by offenders because of the options available to them upon receipt of fines. The offender can:

Pay the penalty, as reduced by the discount contemplated in the Aarto Act, or make representations to RTIA in the case of a minor infringement;

Pay the penalty, as reduced, for a major infringement; Make arrangements with RTIA to pay the penalty in instalments in the prescribed manner;

Elect in the prescribed manner to be tried in court on a charge of having committed the alleged offence; or

Provide information, in the prescribed manner, to the satisfaction of the issuing authority that they were not the driver of the vehicle at the time of the alleged infringement, coupled with the name, identification and residential and postal address of the alleged driver.

Mkalipi said these elective options have impacted revenue collection for municipalities and RTIA, and occur when offenders lodge a successful representation to RTIA to be tried in court.

He said the municipalities must then issue summons. But in the absence of such summons, these infringement notices will collapse in the system.

Mkalipi stressed that this shortcoming is not an Aarto problem but a Criminal Procedure Act issue.

He said offenders have realised that the municipalities do not usually have the capacity to issue these summons and thus choose to be tried in court, knowing that such fines will just collapse in the system because of non-issuance.

RTIA therefore repealed that elective option in the Aarto Amendment Act.

“All the revenue previously lost because of this elective option will now be available to municipalities and the agency,” he said.

Mkalipi added that RTIA and municipalities lost a lot of revenue during the Aarto pilot, with successful representations resulting in notices not being served within the prescribed timelines provided in the Aarto supporting regulations.

He said RTIA has mitigated this challenge through the introduction of electronic service in the Aarto Amendment Act.

“This will result in a massive turnaround in revenue collection for both the municipalities and the agency. The agency has experienced an average of 70% successful representations because of the issue of service.”

Mkalipi said the Aarto Act brings a further additional advantage to municipalities because Aarto fines are not subject to the laws of prescription.

In addition, Mkalipi said further “potency” is provided to the collection of Aarto fines by Section 20(5) of the Aarto Principal Act. This allows RTIA to block the issuance of driving licences, professional driving permits and licences until the errant offenders pay the fines.