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Johannesburg - More than R100m worth of fines and summonses which have been issued under the Administrative Adjudication of Road Traffic Offences Act (Aarto), may be cancelled as they were issued illegally.
The National Metropolitan Police Chiefs Forum recommended this week that the minister of transport does not implement Aarto countrywide, before various serious problems which are currently being experienced, are solved.
These problems could lead to all fines and summonses which have already been issued in accordance with Aarto being cancelled, since the issuing thereof is a transgression of the Administrative Adjudication of Road Traffic Offences Act.
'Catastrophic consequences'
According to a report sent by the forum to Transport Minister Sibusiso Ndebele and the Road Traffic Management Corporation, which Beeld has seen, countrywide implementation of Aarto will have "catastrophic" consequences.
This report lists shocking problems with Aarto, including e-NaTIS's inefficient handling of payments, the unlawful collecting of fine payments, and the wrongful distribution of summonses and fines, which leads to losses of millions of rands.
These problem have already been discussed in technical meetings for over a year, "but still remain unsolved".
Aarto was launched as a pilot project in the Tshwane metro council area in September last year, and in the Johannesburg metro council in February this year.
The aim was to handle the administration of traffic transgressions, to ensure that motorists obey the road traffic rules, and ensure that fines are paid.
Inefficient
According to the report, an inefficient Aarto has, since its implementation, resulted in only 14% of all fines being paid, while the issuing of fines has dropped by between 30% and 50%.
"It is possible that this problem is caused by the restrictions placed on speed law enforcement zones. Due to a judicial oversight, speed law enforcement can only be done in 60, 100 and 120km/h zones. Law enforcement in 70, 80, 90, and 110km/h zones can't be done legally."
No misdemeanours under Aarto can be prosecuted legally. It's also impossible to issue summonses to transgressors who choose to go to court.
"According to Aarto, drunk drivers can't be legally arrested, unless they made a traffic transgression at the same time."
The NCMPF also says e-NaTIS can't handle all payments. Therefore data must be inserted manually under Aarto, which means thousands of such insertions are in arrears and incorrectly issued.
The "corrupt" addressing system of e-NaTIS means that 60% of all notices of transgressions are returned, which leads to R5m in losses per month in postal expenses.
"The...post office can't handle the volume of mail...and does not comply with the requirements of Aarto."
Confusion
According to the report, the collection of fine payments is "impossible" for local municipalities, since the parties involved transgress various laws which organise municipal financial management.
There is also confusion in the metro police, the police, the courts and the public over Aarto.
"Not one of the metro police services (countrywide) can handle the complicated Aarto project volumes and confusing legislation. National implementation should only happen after next year."
Logan Maistry, Ndebele's spokesperson, said the minister is "looking at all the Aarto issues".
"Ndebele will have a look at the report on Friday when he returns from Angola."
