MOTORING NEWS - The draft regulations of the Administrative Adjudication of Road Traffic Offences (Aarto) Act, make a mockery of the claim that the law is intended to improve road safety in South Africa, and rather point to the creation of a mechanism to improve revenue collection. 

This is the view of the Automobile Association (AA) on the draft regulations issued on 2 October. 

Of particular concern is the R100 Infringement Penalty Levy (IPL) charged in addition to the fine amount on every infringement notice issued. 

The AA says this levy will extract a billion rand per ten million infringement notices issued, for functions already being performed by the Road Traffic Infringement Agency (RTIA).

"This is a disproportionate, sweeping and unjust draft regulation and is similar to having someone pay a fee to submit their tax returns; it's an ultimately unfair surcharge for a function that is already paid for through traffic fine revenue," the AA notes.

Stealth tax outrageous

The portion of the 2019 Aarto Amendment Act which made this possible was enacted without explanation of its intent, which the draft regulations have now made clear. And, says the AA, confusion remains as to whether this amount will be repaid if a successful representation is made to cancel the entire fine. 

This recent roadblock during Transport Month focused on road safety, but the AA says the new Aarto draft regulations are instead focused on making money. Photo: Wessel van Heerden 

The association says people's rights are on the line with the draft regulations, and unless the public raises its concerns, the regulations will become law and these rights will be infringed.

"The quiet implementation of a multi-billion rand stealth tax is an outrageous addition to the regulations. We urge the Department of Transport to remove it - it is neither just nor necessary and is, in our view, an example of the Road Traffic Infringement Agency, which administers Aarto, encroaching on the National Treasury's fiscal territory."
Infringement on rights

Other areas that infringe on citizens' rights are the removal of the requirement to have detailed information to appear on infringement notices, the return to the use of ordinary mail to send some infringement notices, and the proposal for authorities to have 60 instead of 40 days to send infringement notices after an infringement has allegedly taken place.

The AA says the regulations will make it as difficult as possible to understand and comply with the law, encouraging citizens to simply just pay to resolve the matter quickly, even if they have legitimate contestation.
"This all supports our interpretation that these regulations are geared towards generating revenue and are not genuinely seeking to improve conditions on our roads." 

One of the wrecks of a four-truck collision last week in the Karoo in which two people died. The AA says the new Aarto regulations will not improve road safety. Photo: Eastern Cape Transport 

Penalties nonsensical

"It's worrying, for instance, that the penalty for not having an infant in an appropriate child restraint only carries a one demerit point infringement value and a R1 500 fine, while failure to inform authorities of a change of personal particulars results in a massive R3 000 fine, up from the current R500. 

"Another example is that owners of vehicles with seat belts which don't work properly also only incur a one demerit point infringement and a relatively insubstantial fine of R500, while failing to stop with the front of the vehicle immediately behind a stop line, carries a three demerit point sanction and a R2 000 fine."

The AA says while the draft regulations contain some sound provisions, such as those relating to driving in emergency lanes and the misuse of licences, there is much that requires revision and reworking.

According to the AA, seat belts can reduce death or serious injury by up to 75%. Photo: Sam Rudkin-Millichamp - Unsplash 

Comment period

There is a 60-day comment period to submit comments on the draft regulations from the date of publication of the gazette. "We urge the public, transport specialists, and traffic attorneys to make submissions, or to view and support our submission at https://www.aa.co.za/aarto-submissions to ensure a successful system of managing and deterring traffic violations is implemented." 

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