Transcript Slide 1

AARTO: PROCEDURES
AND POINTS
Alta Swanepoel
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
ROAD TRAFFIC INFRINGEMENT
AGENCY
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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
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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 04
3. Make representations/AARTO 08
4. Choose court/AARTO 10
5. Nominate actual driver/AARTO 07
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
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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 noticesprocess continues
Courtesy letter
• Section 19
• 32 Days
• Options:1.Pay full amount and admin fee
R60/R100
2. Make representations/AARTO 08,
If rejected – extra R 200
3. Choose court/AARTO 10
4. No direct nomination on AARTO
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Enforcement order
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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 cards
2. Vehicle immobilized
Penalties and demerit points
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Penalty
2
5
10
15
20
25
30
O
Rand Value
R 100
R 250
R 500
R 750
R 1000
R 1250
R 1500
Court
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Discount Dem
R 50
R 125
0
R 250
1
R 375
2
R 500
3
R 625
4
R 750
5
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Demerit points
• Person
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- 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
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 window
c) Control driver – All offences, specific PrDP and
overloading
d) Vehicle fitness – RWC, licence, etc.
e) Safety of public – general safety
f) Dangerous goods
g) Loading and transportation
Cl
Penalty
DP
Rand
Disc
Pay
Op
Operated a vehicle with number
plates not relating to vehicle
O
C
6
0
0
0
49(c)
Operated a goods vehicle with a GVM
> 3500 kg. without a professional
driving permit issued to him or her .
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25
4
1250
625
625
49(c)
Goods vehicle with GVM more than
3500kg not fitted with contour or
Reg.
531 2684
strip markings at the sides / rear or
192A(2)(a)
such markings affixed higher than
600mm from lower part of body
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10
1
500
250
250
49(d)
Failed to stop motor vehicle at stop
sign of traffic or customs official.
Non-RWC
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10
1
500
250
250
Item Code
24
Ref
1224 Reg 35
130 1900
Sect.
32(1)
Sect.
1293 3700
58(1)
Description
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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 driving
Example – Driver and Operator Points
• Operator:
• Driver :
• No PrDP – Sec 32 – R 1250 + 4 DP • Sec 49(c) – 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
• Sec 49(d) – R 1250 + 4 DP
• Driver – 8 points
• 16 points – OP card suspended
1 year
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• Sec 49(d) – R 1250 + 4 DP
• No action against OP
• Sec 49(g) – R 1250 + 4 DP
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
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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
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
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