Ja well more fines as Aarto speeds up

Minister set on early implementation but critics urge caution

● Motorists will need to behave better in 2020 because a tough new road law is expected to then be in force.

The government is speeding up implementation early next year of the Administrative Adjudication of Road Traffic Offences (Aarto) Act. Transport minister Fikile Mbalula told the Sunday Times that was the date for the new law to be rolled out.

“We’re looking at finalising all the consultations before the end of the year,” he said.

The department of transport will need to arrange with the authorities to ensure SA is ready for the new demerit system.

The main player in the process is the Road Traffic Infringement Agency (RTIA), which will oversee the administration and implementation of Aarto.

The agency will also be in charge of the appeal tribunal where motorists challenge an alleged violation under the new law.

RTIA spokesperson Monde Mkalipi said activities related to the national roll-out of Aarto had already begun with an “education and empowerment” phase for drivers.

“The demerit points will easily identify and punish habitual infringers and remove reckless drivers from the road,” he said.

“That in itself will positively contribute to an increase in road safety.”

It appears that motorists in Gauteng will be the hardest hit when the new act becomes law.

Based on the Road Traffic Management Corp’s “State of Road Safety Report” for 2018, Gauteng accounts for 40% of the 12.5-million registered vehicles in SA. It also has the highest revenue from traffic fines.

Drivers will be docked up to six demerit points for breaking the law by speeding, driving under the influence of alcohol, overloading and driving without a licence.

More than 12 demerit points will lead to a driver’s licence being suspended.

Traffic law consultant Alta Swanepoel, who was involved in compiling the regulations, said the new law was also aimed at alleviating the burden of traffic cases in the criminal courts.

She said offenders would receive notification of a traffic violation via SMS or e-mail.

Offenders will have several options, which include paying a fine and receiving a discount, paying in full, or appealing against the violation at a tribunal.

“The first are infringements for which you receive a penalty and demerit points, and the second are offences where a person has to appear in court, is convicted and fined by a magistrate, and then allocated demerit points as well,” she said.

Experts have criticised the new law.

Some have said it was primarily aimed at obtaining revenue for the state instead of enforcing road safety in a country that is estimated to have nearly twice the global average of traffic injuries.

Cornelia van Niekerk is the director at Fines4U, a private traffic-offence service provider mainly used by municipalities. She said 50% of the fines collected, plus an additional administration fee on fines, would go to the RTIA and that local municipalities would lose 50% of their income from traffic fines.

Van Niekerk said the appeal process could cost motorists up to R400. She was concerned about the tribunal consisting of nine people.

“The RTIA would essentially be the heading authority as well as deciding whether to say yes or no to your appeal, but they don’t have the necessary authority to do this,” she said.

“We foresee a huge backlog in dealing with infringements.”

Howard Dembovsky, the chair of Justice Project SA, said the new law contravened the constitution.

“The constitution talks about the right to be presumed innocent until proven guilty. The Aarto Act reverses the onus. The state doesn’t have to prove your guilt, you have to prove your innocence, meaning that you are already presumed guilty.”

Keith Cunningham, who runs an online driver behaviour profiler programme, Driver Assess, said transport authorities had failed to address driver behaviour with the law.

He said SA’s aggressive-driving incidents demonstrated that the government needed to change the behavioural patterns of motorists.

Cunningham said psychological evaluation should be as compulsory as proving driving skill and passing eye tests.

The state doesn’t have to prove your guilt Howard Dembovsky Chair of Justice Project SA