AARTO Fleet Solutions

Do you know your AARTO from your elbow?

by Dennis Jackson

AARTO - The new traffic fine and points demerit system, (Administrative Adjudication of Road Traffic Offences), is due to be rolled out countrywide soon.

Fleet operators need to understand the impact of the legislation to ensure compliance with the requirements of the act and do not incur the massive extra costs associated with incorrect handling of the AARTO system.

Upon the commission of an infringement, an ‘infringer’ is obligated to take certain action within 32 days of receiving an infringement notice.

There are five options provided. However, failure to choose from and exercise any of the five options, will result in dire consequences for the fleet operator and even more stringent penalties being imposed and the possible suspension of all the operator cards of the entire fleet.

Within a period of 32 days after being issued an Infringement Notice (AARTO 03) in person, or receiving it by registered mail, the infringer may comply with an Infringement Notice by choosing one of the following options:

1. Pay the fine within 32 days and qualify for a 50% discount.

It is really not a good idea to just ignore an infringement notice! The law states, that even if you don’t collect the notice from the Post Office sent by Registered Post, TEN DAYS after the Post Office receives the notice for delivery to you, it will be deemed to have been collected and that you have received the notice!

You can no longer - ‘Just wait for the summons!’

2. If the fleet owner or proxy is not the infringer, he can nominate the driver. The fleet owner or proxy must provide detailed information about the person who was driving the vehicle at the time the infringement was committed on a prescribed form.

3. The infringer can make a representation by submitting a sworn statement or affirmation, indicating the existence of reasonable grounds why he or she should not be held liable for the penalty payable in terms of the Infringement Notice received.

4. An infringer can submit an application to the agency to make payments in monthly instalments.

5. Elect to challenge the alleged infringement by following Court procedure and be tried in court.

The AARTO court procedure is conducted as a civil matter and not as per the old fines and offences under the Criminal Procedure Act. Criminal Procedure Act,1977 (Act No. 51 of 1977).

However, a traffic offence (as opposed to an infringement), is regarded as a very serious violation of the law and will dealt with under the previous system (CPA), which will warrant a major sentence on conviction, such as imprisonment, or a substantial fine amount, or both.

For example, driving under the influence, reckless driving, exceeding the speed limit by more than 30 kph in an urban area, or more than 40 kph in a 120kph zone. The offender will be arrested, charged and the case will be placed on the role for a hearing in the criminal court.

Infringement Notices will initially be written by hand, (AARTO 01) while electronic notices; (AARTO 02) generated by means of hand-held computers used by traffic officers at the roadside, will be phased in over a period of time.

In the case of so-called ‘Camera’ infringements, for example, exceeding the speed limit and ignoring traffic signals (Robots), infringement Notices will be electronically generated by (NaTIS), (The National Traffic Information System), and served on the Infringer by registered post.

Should the alleged infringer fail to exercise any of these options within the stipulated time of 32 days, then a courtesy letter will be served requesting that either payment must be made, or take any of the other options within a further 32 days. In this case the discount no longer applies and the full amount plus an additional R60 for the courtesy letter becomes payable.

Ignoring this will then result in a warrant being issued and followed by an enforcement order. This enforcement order will be handed to a Sheriff to remove assets to cover the cost of the fine, the courtesy letter, the warrant and the enforcement order and the possible loss of your licence disc and your driving licence.