RTIA

Administrative Adjudication of Road Traffic Offences Act (AARTO)

One of South Africa's greatest challenges is to reduce the carnage on our roads significantly. The over-arching goal of the AARTO implementation is to increase road safety. The realisation that the greater majority of all road accidents are preceded by a road traffic violation makes the improvement of road-user perceptions, attitudes and behaviour a matter of urgency. The challenge of decreasing the high rate of non-compliance with traffic laws and regulations, coupled with a continuous downward trend in the finalization of traffic violations and a judicial system that is unable to effectively deal with traffic infringements, must be vigorously dealt with as a matter of urgent priority.


The present system of fine collection is totally inadequate. Fines are either not paid, or are substantially reduced without due regard to their implications and impact on human behaviour, or bribes are paid to get off the fine altogether. In some areas courts will only accept the hearing of a limited number of traffic violations, which is detrimental to the necessary successful conclusion of all traffic-related cases. On average, less than 20% of traffic cases are finalised and the fines paid. Two of the most important catalysts in effecting an improvement in driver behaviour and law compliance are well planned, efficient and effective law enforcement coupled with and supported by an equally effective, expeditious and just road traffic adjudication system.


The current adjudication process, which results in many traffic notices not being considered by the courts and left un-concluded, de-motivates law enforcement officers across the board. All traffic contraventions in terms of the provisions of the National Road Traffic Act (NRTA), 1996 (Act No 93 of 1996) and its Regulations are currently being administered in terms of the Criminal Procedure Act, 1977 (Act No 51 of 1977), except in the municipalities of Tshwane and Johannesburg where the AARTO Act has been put into force. Most of the bigger traffic departments are operating some sort of Local Traffic Contravention Management System (LTCMS), outsourced from service providers or their own, self-developed and customised systems for the recording and administration of offences in this regard. With the implementation of the AARTO however, the National Contraventions Register will now provide a single national database for the management of all traffic contraventions. It will for the first time support the successful conclusion of each and every notice issued country-wide and will serve as motivation for traffic officers to undertake their tasks with more vigour.


The Administrative Adjudication of Road Traffic Offences (AARTO) Act, No. 46 of 1998, which was approved by Parliament in 1998 was amongst others, created with the view to forge a closer and more effective and efficient link between enforcement and the adjudication process, yet which is still objective, transparent and fair. AARTO brings with it parity of fines which will encourage the road using public to take traffic violations and resulting fines with the seriousness they deserve. It also brings with it improved fine collection procedures and a revenue stream that will be used for improving road safety; as well as more convenient ways of paying penalties and more penalties for not paying within the prescribed time, eventually leading to confiscation of movable property and ultimately to being declared unfit to operate a motor vehicle.


The purpose of the Act is to promote quality, safety and discipline in road traffic by providing for a scheme to discourage road traffic contraventions, to facilitate the adjudication of road traffic infringements, to support the prosecution of offences in terms of the National and Provincial laws relating to road traffic, and implement a points demerit system; to provide for the establishment of an agency to administer the process; to provide for the establishment of a board to represent the agency; and to provide for matters connected therewith.


The objects of the Act therefore are, despite the Criminal Procedure Act, 1977 (Act No. 51 of 1977):

• to encourage compliance with the National and Provincial laws and municipal by-laws relating to road traffic and to promote road traffic safety;

• to encourage the payment of penalties imposed for infringements and to allow alleged infringers to make representations;

• to establish a procedure for the effective and expeditious adjudication of infringements;

• to alleviate the burden on the courts of trying offenders for infringements;

• to penalise drivers and operators who are guilty of infringements or offences through the imposition of demerit points, ultimately leading to the suspension and cancellation of driving licences, professional driving permits or operator cards;

• to reward law-abiding behaviour by reducing the number demerit points where they have been incurred if infringements or offences are not committed over specified periods;

• to establish an agency to support the law enforcement and judicial authorities and to undertake the administrative adjudication process; and

• to strengthen co-operation between the prosecuting and law enforcement authorities by establishing a board to govern the agency.