Drivers’ Licences at Risk

Luzuko Pongoma 24/05/2012

The Road Transport Management Corporation (RTMC) will suspend or cancel the drivers’ licences of those who are convicted of misdemeanours on the roads.

The corporation said the move was part of education, precautionary and rehabilitation measures to make the country’s roads safer.

Ashraf Ismail, spokesperson for RTMC, said the aim was to educate people who have been found guilty of crimes on the road.

“For serious offences like drunken driving it does not matter the limit; you get arrested and you go to court and if the court finds you guilty then we will send you a letter,” said Ismail.

Ismail said the letter will instruct the licence holder to present themselves to the RTMC council and plead their case as to why their licence should not be suspended.

He said the CEO of RTMC had a right within the law to suspend a driver’s licence.

Ismail said if the council decided to suspend a licence the driver would have to test for their learner’s and driver’s licence again.

“The first time it will be at our cost. We will arrange an examiner and a testing station. If you then fail, the second time then you have to pay,” he said.

He said they would be sending letters to everyone who was convicted from the beginning of January this year.

Ismail said that among other things drivers called by the council would be taught defensive driving and other ways to keep safe on the roads. “We are trying to make South African roads safe and comfortable for everybody using them,” he said.

Ismail said the project was not part of the Administrative Adjudication of Road Traffic Offences (Aarto) Act.

“With Aarto, we are running a pilot project in Tshwane and Johannesburg. The system is not live. It will be announced when it is rolled out,” he said

Ismail said that officers who were threatening motorists with points deduction were “being dishonest”.

Howard Dembovsky of Justice Project South Africa said it was a fairly good plan if it was executed by people who knew the law. “Who is going to sit on the council because the current acting CEO knows nothing about traffic law,” he said.

Dembovsky said the measures would not be necessary if RTMC implemented the Aarto Act.

He said the law also gave magistrates the power to suspend a licence for a period between six months to 10 years, depending on whether the convicted person was a first-time offender or not.

Dembovksy said a proper announcement had to be made in the media for people to know.

However, Ismail said they had announced in December that they would be suspending licences. “We do not use it as a punitive measure but as a safety measure,” he said.

He said 5000 people had been arrested for breaking traffic rules since the beginning of January and about 700 had been convicted and will be served with letters.

Ismail said if motorists did not respond to these letters, their licences would be cancelled automatically and placed in the eNatis system and it would reflect when they are stopped at a roadblock.