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Transport Gives Feedback on AARTO Bill Submissions

September 23, 2016

Department of Transport

The transport department recently provided responses in parliament to oral submissions on the Administrative Adjudication of Road Traffic Offences (AARTO) Amendment Bill.

The bill was tabled in parliament in December 2015.

The draft bill was published for comment in 2013.

The bill 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”.

The bill also refers to the National 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.

In response to various submissions, the department agreed to:

• Amend the definition of authority to allow the minister to prescribe additional issuing authorities if the need arises to do so;
• Include a definition on registered mail to create legal certainty on what constitutes registered mail;
• Amend the date of service to cater for postal service;
• Include a provision to set up and administer rehabilitation programmes; and
• Introduce multiple language usage for fines.