IMPORTANT INFO: We unpack the complicated box that is the Administrative Adjudication of Road Traffic Offences (AARTO) Amendment Bill. Image: Arrive Alive
Johannesburg – The SA Parliamentary Portfolio Committee on Transport is calling for submissions from members of the public regarding the Administrative Adjudication of Road Traffic Offences (AARTO) Amendment Bill.
The committee has extended the deadline for submissions to August 31 2016.
What does the AARTO Amendment Bill entail?
The AARTO Amendment Bill proposes, among other things, that delivery of notices include electronic methods; the national rollout of the programme in the next financial year; to provide for the apportionment of penalties, and the need for an infringement tribunal that will deal with offences. The Bill also proposes rehabilitation of road traffic offenders.
Four major amendments you should be aware of: Share your thoughts with Government
1 “Electronic service” means:
(a) communication by means of data messages, including data attached to, incorporated in or logically associated with, other data that may be electronically retrieved;
(b) e-mail messages between the Authority and an addressee in an electronic communication format; or
(c) text messaging by the Authority to the recipient's cellular telephone
2 Payment of fines now reads:
If an infringer makes an insufficient payment to the agency in terms of this Act in respect of a fine or the cheque used for payment is dishonoured, a notice as prescribed must be served on the infringer, informing him or her that the full amount owed, including the prescribed fee for the notice, must be paid within 32 days of service of the notice.
3 Choosing to be tried in court
If an infringer elects to be tried in court:
(i) under section 17 (1) ( f ) (iv), the issuing authority must cancel the infringement notice; or
(ii)under section 18(1)(c) or 19(2)(b)(iii), the Authority must inform the issuing authority who must cancel the infringement notice,and the issuing authority must issue a summons in terms of the criminal procedure Act, 1977 (Act No. 51 of 1977).
4 Enforcement order
An enforcement order must state that the infringer on whom it is served may, not later than 32 days after the date of service of the order, pay the penalty, representations fee and the fees of the courtesy letter, if any, and the prescribed fee of the enforcement order to the agency at the specified place and in the specified manner, and that the prescribed demerit points will be recorded in the National Road Traffic Offences Register.
Are you aware of amendments to AARTO? Do you understand how the bill will affect you? For clarity Wheels24 spoke to Justice Project South Africa.
JPSA spokesman, Howard Dembovsky said: “Acknowledging the fact that most laymen are not used to making submissions on proposed legislative amendments but may wish to exercise their democratic right to do so, Justice Project South Africa (JPSA) has put this guide together in order to assist those who may wish to do so.
“Beyond stating that Justice Project South Africa is fully in agreement with and supportive of the concept of the long-overdue introduction of a points-demerit system on driving licenses, we will not attempt to unduly influence your views on the proposed amendments to the AARTO Act. To do so would not be in the interests of or respectful of due public participation.
“What we will do however is point out which proposed amendments will have a direct impact on you and which won’t, as well as pointing out some obvious issues we have identified as being problematic. From there on in, it is entirely up to you what you wish to submit to the Parliamentary Portfolio Committee.”
The AARTO Amendment Bill, 2015
Before making any comments whatsoever on the contents of the AARTO Amendment Bill, 2015, it is essential that you download the actual document and read it.
DOWNLOAD THE DOCUMENT HERE.
Don’t be intimidated.
“Pages 2 through 5 deal with the proposed amendments to the AARTO Act and are numbered with the clause numbers 1 through 13. In addition, many clauses have one or more a sub-clauses. As is always the case in legislative amendments, the document contains amendments, insertions and deletions of wording and provisions. Where a particular Section of the Act is deleted in its entirety, it is stated that the provision is repealed.
AARTO bill amendment for SA: Tell Govt what YOU think!
JPSA explains: "In our road map below, we have, as far as it is possible, replicated what is contained in the AARTO Amendment Bill by simplifying it for you. We do this by showing you what the current provision/s reads and then showing you how it will be changed if the amendment is passed into law.
"Where we feel you need to be made aware of something, we insert a bullet point and list our comments there.
"This is not to be interpreted as us attempting to influence your views and we do so merely to point out salient points we feel you should consider."
AARTO Amendment Bill Roadmap
Unpacking the AARTO Amendment Bill Cut