AARTO Fleet Solutions

Latest AARTO news

(February 2012)

by Dennis Jackson

So what is the real low-down on the points’ demerit system? Well, for a start, we can tell you that the Road Traffic Infringement Agency (RTIA) has indeed been keeping a tally of the demerit points that infringers incur. They have been doing this for a long time now so as to monitor how the system will work under a live situation. But don't worry too much, your demerit points will be cleared when section 24 of the AARTO Act is proclaimed and you will start with a clean slate - free of any demerit points against your licence.

There are a number of things that will have to happen before the points’ demerit system comes into force countrywide in South Africa.

They are:-

· AARTO will have to come into force in every single jurisdiction in the country.

· The draft amendment regulations published for comment in April 2011 will have to be ratified in Parliament and proclaimed by the President.

· Section 24 of the AARTO Act, which deals with demerit points must be proclaimed as being in force by the President.

So does this mean that you can breathe a sigh of relief?

Well, if you think that traffic fines are a joke and feel that you will only obey traffic laws when the points’ demerit system comes into force, we guess the answer is "maybe". After all, if you are going to wait for the points’ demerit system to come into force, the chances are very good that when it does, you will be one of the first to have your driving licence suspended!

Bad habits are awfully easy to develop and not so easy to get rid of. If you start driving within the ambits of the law now, before the points demerit system comes into play, chances are that you will:

· Find yourself getting less (or preferably no) traffic fines going forward.

· Save yourself an awful lot of money in the process.

· Educate yourself and minimise the possibility of becoming one of the first to have your driving licence suspended.

· Fleet operators and companies should educate administrative staff and drivers on the mechanisms and pitfalls of AARTO.

JMPD NOT PLAYING BY THE RULES

An article appeared in the Beeld Newspaper of Tuesday 1 February 2012 entitled “Dok op of gaan na hof” (cough up or go to court), referring to the service of AARTO infringement notices sent by ordinary mail by the JMPD.

As has been widely reported, after numerous attempts to address the matter through the JMPD, RTMC and RTIA failed, an official complaint was laid with the office of the Public Protector in Pretoria in June 2011. In spite of the then acting Registrar of the RTIA repeatedly stating in the media, that the service of AARTO 03 infringement notices by ordinary mail was not lawful.

On 11 January 2011, the then Acting, and now fully appointed Registrar of the Road Traffic Infringement Agency (RTIA), Mr Japh Chuwe wrote to the JMPD “requesting” that they cease sending out infringement notices by ordinary mail in contravention of Section 30(1) of the AARTO Amendment Act. This “request” was summarily ignored – as happens when requests are made.

In the same letter, Mr Japh Chuwe also instructed: “You are furthermore advised that in cases where representation applications are received in respect of infringement notices served by ordinary mail, those infringement notices must be withdrawn and such representations made successful. In relation to those infringement notices referring to juristic persons, the owners of those vehicles in question cannot be requested to identify or nominate drivers as the initial notices were not properly served as prescribed by the Act.”

In his letter to van der Westhuizen Attorneys dated 31 January 2012, Mr Chuwe stated “My letter as referenced by you to the Chief of the JMPD dated 11 January 2011 was and is not intended for public consumption…” and “…the individual infringers de facto received the relevant infringement notices albeit through ordinary mail (caused to be served) and through representations made by them as provided for in the Act, acknowledged receipt thereof and are therefore liable.”

These statements openly display the fact that Mr Chuwe has acknowledged that he was the author of the letter to the JMPD – which he further intended to keep secret, as well as proving beyond any reasonable doubt that he has actively engaged in an act of entrapment by repeatedly and publicly stating that alleged infringers may “make representation on an an AARTO 08 form if they receive infringement notices by ordinary mail”

A meeting that was scheduled to take place between the Public Protector and the JMPD, RTMC and RTIA on Friday 27 January 2012 was summarily cancelled by the City of Johannesburg on Thursday 26 January and that a commitment to respond in writing by Monday 6^th February was made.

Motorists who receive such responses should exercise their legal right and elect to be tried in court. It is also unlikely whether the alleged infringer would be issued and served with a summons to appear in court, prior to the Public Protector making a final finding on this matter.

Adjudication is assumed to be a fair and unbiased function of Administrative Justice, just as it would be in a conventional court. It is now obvious that this has extended to the JMPD attempting to override parliament by making up its own provisions of legislation. This is with the full support and cooperation of the RTIA conspiring with them to justify their illegal actions.

Please folks, let’s be safe out there!