AARTO Fleet Solutions

THE CONSEQUENCES of AARTO

by Dennis Jackson

With the new Road Traffic Management Corporation (RTMC) implementing AARTO countrywide in 2012, the Demerit Points System comes into effect. Too many fleet owners, operators and drivers in this country have very limited knowledge of how the AARTO Act is going to increase the aggressiveness of penalties for road traffic offences. The Act is currently in its “Pilot Phase” in Johannesburg and Tshwane and will be rolled out countrywide on 1^st April 2012. It is interesting to note that the “Pilot Phase” has meant that every provision of the Act (excluding demerit points), have been implemented in these areas.

However the RTMC (Road Traffic Management Corporation) has failed dismally in educating the motorist who is directly affected by this system and the penalties adhered to it. When AARTO is rolled out nationally in its entirety next year, including the points-demerits, within the first three months (if not sooner), from the implementation date, about 80% of licensed drivers on the road will have had their licences suspended, or cancelled!

Incidentally, the MEC for Roads and Transport stated recently that there are 380 fraudulent driver’s licences in Gauteng alone. The reality is that recent conservative estimates revealed TWO MILLION! This equates to twenty percent of all drivers in SA! - Exactly how the Agency will allocate demerit points to an unauthentic licence, is unfathomable!

Another concern is that of mass unemployment. Most people who drive to work will find difficulty getting to work as we have a (not) very good public transport system in this country. Fleet drivers especially that drive company vehicles will be more adversely affected and could very well become unemployed.

Specifically fleet managers and operator’s, should consider being educated on how AARTO affects their fleet, a priority. Every opportunity should be taken to make sure that fleet managers are well informed of the mechanisms and ramifications of AARTO. Fleet operators indeed need to be aware of what is about to be unleashed on the logistics environment. In addition it is vitally important to be fully informed about the implications of the new system to be fully AARTO compliant thereby reducing unnecessary costs to the company.

As a multi vehicle owner, it is of paramount necessity that effective, comprehensive, policies, clearly outlining the company’s stance with regards to obligations, actions, options and consequences and/or amendments to an employee’s contract, are put in place in order to address the obligations and risks effectively under this Act.

On a point of order, the JMPD began violating Section 30 of the AARTO Amendment Act in June 2010. This Act is very specific and straightforward with respect to the manner in which AARTO 03 infringement notices must be served. The AARTO regulations further strengthen this argument. Registered mail is the only acceptable means of service for AARTO notices.

Specifically, Section 30 (1) of the AARTO Amendment Act of 1999 states:

"Any document required to be served on an infringer in terms of this Act, must be served on the infringer personally or sent by registered mail to his or her last known address."

Furthermore, no option exists in the AARTO Act for service by standard surface mail or personal service of AARTO 03 infringement notices. (Camera fines)

On 15 November 2010, the acting registrar of AARTO, Mr Japh Chuwe categorically stated the RTIA's standpoint that these notices are indeed unlawful and have no cause or effect. To date, JMPD have continued sending infringement notices by normal mail, despite allegedly being instructed by the RTMC and the RTIA (Road Traffic Infringement Agency), to cease this method. Government Gazette 34208 of 15 April 2011, calls for public comment on the proposed amendments to the AARTO regulations and actually further reinforces this requirement. This therefore reinforces that service of AARTO 03 notices via standard surface mail, is unlawful.

The acting registrar of the RTIA undertook to to write a letter to the JMPD, instructing them to cease this practice, this has not occurred and the JMPD continues to serve these notices unlawfully.

The JMPD reaction to instructions by the RTMC has been to just disregard them. The RTMC is the top level Government agency regarding AARTO and reports directly to the Department of Transport. Instructions should be strictly adhered to by JMPD. However, to continue sending out new infringement notices via standard surface mail makes this AARTO document effectively null and void. This action by JMPD clearly exhibits their contempt for authority.