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Parliament Passes AARTO Bill

March 7, 2019

Parliament

The Administrative Adjudication of Road Traffic Offences Amendment Bill has been passed by parliament and sent to president Ramaphosa for assent.

The bill was tabled in parliament in December 2015.

The NA passed the bill and sent it to the NCOP in September 2017.

It is designed to help with implementation of the Administrative Adjudication of Road Traffic Offences Act of 1998.

The act aims to strengthen compliance with road traffic laws and facilitate the payment of traffic fines.

Offenders will receive demerit points on their licences.

According to the bill’s memorandum, the act has been in operation as a pilot phase in Tshwane and Johannesburg.

The plan is to roll out the legislation across the country.

The bill is intended to ensure that the roll out is “efficient and effective”.

It seeks to introduce amendments to the act in order to achieve efficiency and the financial sustainability of issuing authorities.

A new definition for “infringement” is contained in the bill.

“Infringement means any act or omission in contravention of this Act or road traffic legislation or transport legislation”.

The bill also refers to the National Road Traffic Offences Register.

This is where all drivers’ infringements and offences will be recorded.

The proposed legislation also clarifies the process whereby non-compliant offenders are served with a warrant issued by a magistrate’s court.

The portfolio committee on transport introduced amendments to the bill during its deliberation phase including a new definition on electronic service, habitual infringer and infringement.

A new chapter on the appeals tribunal was also inserted into the act.

The bill aims to amend the Administrative Adjudication of Road Traffic Offences Act of 1998, in order to:

• substitute and insert certain definitions;
• improve the manner of serving documents to infringers;
• add to the functions of the Road Traffic Infringement Authority;
• repeal certain obsolete provisions;
• establish and administer rehabilitation programmes;
• provide for the apportionment of penalties;
• provide for the establishment of the Appeals Tribunal and matters related thereto;
• effect textual corrections; and
• provide for matters connected therewith.

In November 2018, the NCOP introduced amendments to the bill and returned it to the NA for concurrence.

Amendments by the select committee on economic and business development included that, in terms of the Tribunal, it may, on good cause shown, condone the late filing of an appeal or review.

As regards appeals and reviews, the select committee proposed that any person affected by a decision of the Tribunal may apply to a magistrate’s court to review the decision or appeal to a magistrate’s court against the decision of the Tribunal.