AARTO_Facts and Fallaciesx

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Road Traffic Infringement Agency
(RTIA)
AARTO – Facts and Fallacies
Road Freight Association Convention 2012
Zimbali Coastal Resort, North Coast,
22 May 2012
By Japh Chuwe
Registrar
RTIA - Justice in Adjudication
Contents
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RTIA and its mandate
Analysis of Road Safety Environment in RSA
Strategic Priorities
AARTO Process and Points Demerit System
Outcomes of an Effective AARTO Process
Benefits of AARTO for RSA
Effects of AARTO on RFA
RTIA/RFA Partnership Possibilities
AARTO National Rollout
Conclusion
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RTIA and its Mandate
• Established by section 3 of the Administrative Adjudication of Road
Traffic Offences Act, 1998
• Main objects are to:
(a) encourage compliance with the national and provincial
laws and municipal by-laws relating to road traffic and to
promote road traffic safety;
(b) encourage the payment of penalties imposed for
infringements and to allow alleged minor infringers to
make representations;
(c) establish a procedure for the effective and expeditious
adjudication of infringements;
(d) alleviate the burden on the courts of trying offenders
for infringements;
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RTIA and its Mandate
(e) to penalise drivers and operators who are guilty of
infringements or offences through the imposition of
demerit points leading to the suspension and cancellation
of driving licences, professional driving permits or
operator cards;
(f) to reward law-abiding behaviour by reducing demerit
points where they have been incurred if infringements or
offences are not committed over specified periods;
(g) to establish an agency to support the law enforcement and
judicial authorities and to undertake the administrative
adjudication process; and
(h) to strengthen co-operation between the prosecuting and
law enforcement authorities by establishing a board to
govern the agency.
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Analysis of Road Safety Environment in RSA
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Country population - 50m
Vehicle population – 9.8 m
Driving licences – 7.5 m
Vehicle crashes – around 1 m p/a
Fatal crashes – 14 000 p/a
Majority of victims – economically active
Cost to national fiscus - > R 40 b p/a
Socio-economic costs to country - >R200 b p/a
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Analysis of Road Safety Environment in RSA
• Current management of traffic offences under
Criminal Procedure Act, 1977
• Disparate systems
• Different penal codes implemented at various
jurisdictions
• Non-prioritisation of traffic offences
• Delay in finalisation of offences
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Analysis of Road Safety Environment in RSA
• South Africa fervently implementing initiatives to
focus on five pillars of road safety, which underpin
World report road traffic safety injury prevention
• Developed and implemented a 3 year National
Rolling Enforcement Plan (NREP) from October
2010
• NREP an effort to improve visible law
enforcement and to check 1 million
vehicles/drivers monthly in 1000 roadside
activities everyday
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Strategic priorities
• UN Decade of Action for Road Safety
• Department’s strategic outcomes
A safe and secure transport sector
• Rehabilitation of infringers on 3 phase strategy
2014 reduction of contraventions
2020 transformed community
beyond 2020 compliance
• Development of effective legislative governance
framework
• Development of efficient adjudication processes
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The AARTO Process and Points Demerit System
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The AARTO Process
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The AARTO Process
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The AARTO Process
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AARTO Facts or Fallacies
• AARTO replaces the National Road Traffic Act of
1996,
• All AARTO 3 infringement notices must be served
via registered mail
• Points Demerit System in force?
• AARTO 3 infringement notices served by JMPD
since April 2011 are unlawful?
• Traffic penalties under AARTO no longer involve
summonses and warrants of arrest
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AARTO Facts or Fallacies
• With respect to AARTO fines – a summons or warrant
of arrest with respect to an infringement notice may
never be issued under any circumstance
• You have 32 days from receipt of an AARTO
infringement notice to take the 50% discount
• You can not be arrested or detained at a roadblock for
an AARTO fine
• Execution of Warrants of Execution can only be
exercised by the Sheriff and not by the police or
traffic officers
• Every driver starts with 0 points on their licence and
points are accumulated to a maximum of 12 points
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Benefits of AARTO for RSA
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Achievement of strategic goals (UNDoARS)
Reduced crashes, unnecessary deaths and injuries
Easy identification & punishment of habitual infringers
Improved overall country productivity due to fewer disruptions of
traffic flow
Major savings on socio-economic costs (welfare, disability,
orphanages)
Fewer persons in correctional facilities implying a reduced
workload for correctional services and related cost savings
Saving on car, disability and life insurance costs as well as medical
fund costs
Protection of human capital and skills
Effective management and asset protection
Achievement of corporate social responsibility goals
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Effects of AARTO on RFA
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Members must be fully appraised of AARTO
RFA has responsibility to check status of drivers in the NCR
Make full use of AARTO for benefit of RFA business
Can manage habitual infringers through AARTO process
RFA can compile list of professional drivers without
infringements
• Members can conduct risk analysis from NCR records for
their drivers
• Once implemented demerit points will have adverse effect
on habitual offenders
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RTIA/RAF Partnership Possibilities
• Incorporate aspects of AARTO Act in RFA training
manual
• Collaboration on specialist provincial & Local projects
• Long-term partnership possibilities on education
campaigns
• Co-branding on materials and multi-faceted
programmes
• Leverage on integrity of the agency and create link for
RTIA website on RFA page
• Value of partnerships during national AARTO rollout
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AARTO National Rollout
• RTIA envisage rollout in 2013/14
• Minister of Transport to make pronouncement of
rollout
• AARTO Summit stakeholder consultation process
to be undertaken
• Leverage on integrity of the agency
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Conclusion
Thank you!
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