(Traffic Officers). Minister of Transport Dipou Peters during a Roadblock on R565 in Ledig as part of the launch of 2016 October Transport Month in North West. South Africa. 01/10/2016. Siyabulela Duda
Aarto bill: Government passes controversial traffic demerit system into law
The Aarto bill has come in for criticism from prominent civic groups who believe it will pave the way for corruption.
(Traffic Officers). Minister of Transport Dipou Peters during a Roadblock on R565 in Ledig as part of the launch of 2016 October Transport Month in North West. South Africa. 01/10/2016. Siyabulela Duda
President Cyril Ramaphosa signed the controversial Administrative Adjudication of Road Traffic Offences (Aarto) Bill into law on Tuesday 13 August.
The Bill has been criticized by both the Automobile Association (AA) and the Organization Undoing Tax Abuse (OUTA).
Opposition to the Aarto Bill
The AA believe the proposed demerit system is a fundamentally sound concept, but their analysis of the Bill’s proposed system is that it is designed to collect revenue. The AA don’t believe the Bill will make South Africa’s roads any safer.
OUTA believes the Aarto bill will be a nightmare to implement and will pave the way for further corruption.
“OUTA has opposed this bill from the start and is now planning a constitutional challenge to it,” says Rudie Heyneke, OUTA Portfolio Manager on Transport.
“OUTA held a workshop to consult the industry on the Bill, made submissions to Parliament based on this and, after the Bill was passed by Parliament earlier this year, wrote twice to the President asking him not to sign it,” a release from Outa reads.
“OUTA called for the Bill to be amended, due to concerns that it would not improve road safety, it is logistically cumbersome to the point of being potentially unconstitutional, and paves the way for corruption. The final version of the law does not take into consideration OUTA’s concerns.
“Pilot projects in Tshwane and Johannesburg using this system over the past decade failed.
“The focus should be on road safety, not on an administratively complicated system aimed at collecting revenue,” says Heyneke.
OUTA – Organization Undoing Tax Abuse
OUTA also fears that government will use the new system for the collection of e-toll fines and penalties.
Changes introduced by the bill
A demerit system will be introduced. Depending on the severity of the offence, 1-6 points will be allocated for traffic crimes. If an infringer has more than 12 points, it will result in the suspension of their licence. Three suspensions result in driving licence cancellation.
Failure to pay traffic fines could lead to a block on obtaining driving and vehicle licences and an administrative fee, in addition to other penalties.
Official documents previously had to be delivered by registered mail through the post office. In terms of the amendment, authorities will now also be able to serve documents electronically and can send reminders via WhatsApp and SMS.
An Appeals Tribunal which will preside over issues raised under the new bill is to be established.
Read the Aarto bill
[AARTO Bill by BusinessTech on Scribd
