New traffic management legislation is set to catch many motorists by surprise as it rolls out over the coming months.
New traffic management legislation is set to catch many motorists by surprise as it rolls out over the coming months. Stricter penalties for even minor infractions could land you in hot water. Sharon Pretorius, Regional Operations Manager at Supa Quick offers the following tips on how to not only stay safe but stay on the right side of the law.
In July, the Minister of Transport reminded South Africans that the Administrative Adjudication of Road Traffic Offences (AARTO) Act had started to be rolled out, after a year of delays due to the pandemic.
Under the new law, you could easily and quickly accumulate the 12 demerit points that can result in a license suspended. For instance, just driving at 90 km/h in a 60kph zone could earn six demerit points in one shot.
While good driving can keep you from being legally penalised, it is only one piece of the puzzle. Here are four key focus areas where you can keep your vehicle in the best condition, ensuring that you don’t have any accidents.
1. Power
It is vital to ensure optimal functioning of your vehicle’s power system, especially as you adapt to changes in weather and emergencies. Ensuring that your battery, spark plugs, and exhaust system are in good order is one of the best and easiest preventative measures to ensure that you are safe in even the most extreme environmental, road and traffic conditions.
2. Visibility
Potholes, obscure traffic signs and unpredictable behaviour by pedestrians and other motorists was one of the most recurring issue reported in the recent 2021 Road Safety Run. While you can’t do much about external factors, you can ensure that your windscreen is clear of cracks, your lights are working, and rearview mirrors are properly installed. So, with the rainy season now upon us, you will be better able to see these external hazards and warnings ahead of time, not only saving lives, but a costly ticket as well.
3. Stability
Your vehicle’s ability to maintain steadiness in turns and sudden changes in speed is critical to helping you to better adhere to the rules of the road. A quick check of your shock absorbers and brakes, along with wheel alignment, will give you better stability, vastly bringing down your risk of being in an accident.
4. Control
The only thing between your fast-moving vehicle and the road is merely the width of the palm of your hand, the tyre. Such an important part of your vehicle should receive the attention it deserves, but it often doesn’t and a huge portion of crashes on long distance roads are often found to be the result of worn or damaged tyres. Properly balance tyres, with sufficient tread, will ensure that you maintain full control of your vehicle even in adverse weather, such as thunderstorms.
As was reflected in the recent 2021 Road Safety Run, roadworthiness is an effective prevention against road accidents. Following the easy principles above with regular safety checks at your nearest Supa Quick, rather than just looking at individual car parts, can offer you the peace of mind you need to keep you out of harm’s way, as well as out of reach of the long arm of the law.
The Administrative Adjudication of Road Traffic Offences (AARTO) Act that was expected to come into effect on 1 July 2021, will now be rolled out in a phased approach over the next twelve months. The rollout is expected to take a minimum of a year, with demerits and rehabilitation for bad drivers expected to come into effect between July 2022 and June 2023.
According to Lebogang Gaoaketse, WesBank Head of Marketing and Communication, AARTO remains in principle a much-needed initiative, the purpose of which is to promote safe driving and significantly reduce accidents, injuries, and fatalities on our roads.
“It is well known that most road accidents are preceded in some form or another by a road traffic transgression, so improving our attitudes and behaviour on the road is indeed a matter of extreme importance. The AARTO Act aims to do just that,” says Gaoaketse.
Road traffic injuries and road offences place a massive strain on national economies, but they also have an enormous effect on households
– Lebogang Gaoaketse, WesBank Head of Marketing and Communication
Many road incidents are avoidable, and history provides us with evidence that the right interventions can make a substantial positive impact. According to the World Health Organisation (WHO) – each year, more than 1.3 million people are killed on roads worldwide, and as many as 50 million are injured. It forecasts that there will be almost 1.8 million traffic fatalities annually by 2030.
We encourage road users to please abide by the rules of the road and by so doing, to play a much-needed and positive role in improving safety on our roads
– LEBOGANG GAOAKETSE, WESBANK HEAD OF MARKETING AND COMMUNICATION
Image: Pxhere
“Not only do road traffic injuries and road offences place a massive strain on national economies, but they also have an enormous effect on households. Families may be driven into debt by the loss of a sole income earner in the household, the expenses of prolonged medical care, or the added pressure of caring for a family member who may be disabled as the result of a road traffic injury. The costs also impose significant impact on the health, insurance, and legal systems, and overwhelming sadness and economic consequences to families,” says Gaoaketse.
When the demerit system comes into play, drivers will run the risk of having their drivers’ licences suspended. If they continue to break the rules, they may be required to redo their learners’ and drivers’ licences. In extreme cases they will be permanently banned from driving. Under the AARTO Act, fines will also be significantly increased in an effort to deter drivers from breaking the rules.
“While there have been delays, we support the principles of AARTO. We encourage road users to please abide by the rules of the road and by so doing, to play a much-needed and positive role in improving safety on our roads,” says Gaoaketse.
It is a law which creates an administrative process for handling less serious traffic violations which were previously handled by the criminal justice system. It also introduces the concept of demerit points to deter habitual infringers.
How are traffic violations treated by AARTO?
AARTO divides traffic violations into two categories: infringements, which are less serious violations, and offences, which are more serious (such as reckless driving and drunken driving). The majority of traffic violations will be regarded as infringements.
Schedule 3 to the AARTO Act shows which violations are regarded as infringements or offences. Offences are not handled administratively and require an appearance in court.
Who administers AARTO?
The AARTO Act creates the Road Traffic Infringement Agency (RTIA – soon to become the Road Traffic Infringement Authority) which will administer the Act.
Who falls under AARTO?
All road users, meaning private individuals, companies which own vehicles which don’t require an operator card (juristic persons), and companies which own vehicles which do require an operator card (operators).
How does AARTO handle infringements?
Infringements require the payment of a fine, which may initially be paid at a discount of 50%. If the fine remains unpaid after 32 days, the full fine is payable, and the motorist will be liable for the additional cost of a courtesy letter reminding them of the infringement notice.
What if I completely ignore a fine?
If a fine remains unpaid for a further 32 days after a courtesy letter was issued, an enforcement order is issued. Under AARTO, unpaid fines do not proceed to summons and a court appearance.
What happens if I have an enforcement order issued against me?
An enforcement order comes with extra costs, and numerous licensing transactions will be blocked. For instance, you will be able to pay and renew your vehicle licence, but the authorities will not issue a licence disc.
How are the fine values determined?
Schedule 3 to the AARTO Act lists the relevant sections of the National Road Traffic Act, the charge code, demerit points and penalty units applicable to each traffic violation.
A penalty unit is R100, so a charge with five penalty units would carry a fine of R500.
The AA has requested the Department of Transport to review Schedule 3 in its entirety, since some trivial infringements unrelated to road safety (like not notifying the authorities of change of residential address within 14 days) carry a massive fine of R3000, while a serious violation like blinding oncoming traffic with one’s bright headlights has a fine of just R1500, despite the safety risk.
I can’t afford the fine. What should I do?
If you have exhausted the processes for contesting the fine, you can request to pay it in instalments over six months, in which case you will forfeit the discount.
What else will I have to pay?
A new fee of R100, the Infringement Penalty Levy (IPL), has been introduced, per infringement notice, although this amount may be increased by Ministerial regulation at any time.
What if I wasn’t driving my car at the time?
You can notify the authorities to redirect the infringement notice to the correct person. This is known as nomination. If you don’t know who was driving the car, you will be liable as the owner.
What if I dispute the infringement notice?
You can make a representation listing your objections, and the infringement notice will be reviewed for correctness and legality.
Can an enforcement order only be issued against an individual?
No. Enforcement orders can be issued against operators and juristic persons too.
What if I’m not satisfied with the outcome of the representation process?
You can approach the Appeals Tribunal to review your case.
What if I dispute the Appeals Tribunal funding?
You can approach a Magistrate’s Court to have it reviewed, but be aware: the new amendments to the AARTO Act do not adequately outline the process for taking an infringement notice into the criminal justice system.
As things currently stand, an enforcement order is not suspended while legal processes take place, meaning that a motorist who chooses to appeal their case to the Constitutional Court (the highest court in South Africa) would be blocked from many e-Natis transactions for as long as the case takes to conclude.
This is at odds with the general rule that an appeal to a higher court automatically suspends an order or sentence after judgment until the appeals process is exhausted or the order or sentence is overturned.
What are demerit points?
Demerit points are an additional penalty to deter motorists from habitually committing traffic violations. Not all infringements attract demerit points.
How many points can I incur, and what happens if I go over the limit?
Your driving licence is suspended for three months for each point in excess of 15 (6 for a learner driver).
Do demerit points fall away?
Yes. For each three months in which you do not commit an infringement, one demerit point is removed. A driver with 15 demerit points against their licence will take almost four years to return to a clean licence if they do not commit any more infringements.
A driver who attends a rehabilitation programme (yet to be defined by the RTIA) may have their points reduced by four upon successful completion.
Do demerit points only apply to private individuals?
No. They also apply to fleets of vehicles which are required to have operator cards, and to juristic persons, meaning an entity like a company or trust which owns a vehicle. In such cases, the demerit points are incurred against the vehicle’s operator card or licence disc, as may be the case.
If a vehicle’s operator card or licence disc passes the 15-point maximum, it may no longer be driven on public roads. The sale or scrapping of a vehicle does not remove demerit points – they are automatically allocated to the next vehicle the operator or juristic person acquires, potentially leaving companies in a position where they have purchased a brand-new vehicle but cannot legally use it.
Demerit points are removed at the rate of one every three months from operator cards and licence discs of vehicles owned by juristic persons, presuming no further infringements are committed.
Small businesses and Corporate South Africa alike should take careful note of the above – poor driving standards by staff will lead to serious fleet management impacts.
Will AARTO be a problem for companies which don’t own any vehicles?
On the face of it, no. But if anyone incurs too many demerit points, they will be barred from driving until enough points fall away.
This will affect the ability of staff who are required to drive their private cars on business to do their jobs. AARTO does not distinguish between demerit points incurred in private time and those incurred while driving on company business, so companies whose staff drive on business are exposed to risk from poor driving standards, even if infringements occur in a staffer’s private time.
Any company which has staff who drive on company business should have a plan to manage AARTO, including monitoring and reporting of staff demerit points, and implementing driving standards improvement programmes.
How will AARTO impact on e-tolls in Gauteng?
The Minister of Transport has indicated that, in light of serious concerns raised about e-tolls in the province, Cabinet will announce a decision on the future of the system going forward. It’s unclear when that announcement will be made. Until then, it’s not certain how AARTO will impact on the non-payment of e-tolls in Gauteng.
Transport Minister Fikile Mbalula has announced a phased-in approach to the roll-out of AARTO but these phases can only be implemented once the regulations are finalized and enacted – a process which may delay the final implementation of the system scheduled for July 2022.
Government has heeded calls to clarify issues relating to the implementation of the Administrative Adjudication of Road Traffic Offenses (AARTO) but says no real roll-out of the system can occur until the system’s regulations are promulgated.
It is critical every road user in the country understands the implications of the suspension and cancellation of licenses due to non-compliant behaviour with road traffic laws.
Fikile Mbalula, Transport Minister
Minister Mbalula says there are four phases to the AARTO roll-out as follows:
Phase 1 will run from today until 30 September 2021 during which seven AARTO service outlets will be established nationally, the eNATIS will be enabled to collect AARTO payments, and will include a communications campaign to educate motorists on AARTO;
Phase 2 will run from 1 October to 31 December 2021 during which 67 local metropolitan authorities will ‘come online’ for AARTO processing, the adjudication process and Appeals Tribunal will start functioning, 18 more AARTO service outlets will be established;
Phase 3 will commence on 1 January 2022 and run until 30 June 2022 during which 144 municipal areas will be added to the AARTO system, and;
Phase 4 which will begin 1 July 2022 and which will see the introduction of the Points Demerit System as well as the rehabilitation programme for repeat offenders which serves as the backbone of AARTO.
“By the time we reach this milestone, there will be no excuse among our road users that they do not understand the implications and consequences of the AARTO process,” said Mbalula.
“Considering the significant impact the points demerit system will have on the public, it is critical intensive public awareness and education campaigns are intensified to ensure every road user in the country understands the implications of the suspension and cancellation of licences due to non-compliant behaviour with road traffic laws,” he said.
We must be mindful that AARTO is being introduced to save lives, and if you are compliant with all road traffic laws you have nothing to worry about.
FIKILE MBALULA, TRANSPORT MINISTER
“We must be mindful that AARTO is being introduced to save lives, and if you are compliant with all road traffic laws you have nothing to worry about. SA has to remain true to the commitments made to the UN Decade of Action for Road Safety 2021—2030. We have made a commitment to arresting the carnage on our roads and committed to reimagine our approach to road safety and making sure our people arrive alive when using our roads.”
Road users will be able to view and query their fines on the AARTO website or the AARTO mobile app, where they can nominate the driver of the vehicle, apply for representation, apply for a revocation of an enforcement order, or arrange to pay their fines in instalments up to a period of six months.
Motorists will soon have to adjust their driving style in order to keep our of trouble with the law!
Two major traffic laws come into effect in June 2020, according to Transport Minister Fikile Mbalula. These are the new Administrative Adjudication of Road Traffic Offences (AARTO) Act as well as a new zero-tolerance approach to drinking and driving.
0% ALCOHOL LIMIT
Initially discussed in November 2019, Minister Mbalula has confirmed that motorists will no longer be permitted to mix alcohol and driving whatsoever. Simply put, a 0% legal blood-alcohol limit will be effected meaning that the presence of even the smallest trace of alcohol detected in anyone operating a motor vehicle will be illegal.
At present, South African legal limit is 0.05% and drivers who adhere to the stipulated alcohol unit permissible have been considered a within the legal alcohol limits. The new law however does away with this completely from June 2020.
According to Police Minister Bheki Cele, over 24, 000 people were arrested for driving under the influence of alcohol over the 2019/2020 festive season, a figure which translated to clost to one-third of all road related arrests made over the holiday period. This clearly shows just how dire the problem of drunk driving in our country is.
AARTO
In addition to the zero tolerance for alcohol law, Minister Mbalula also confirmed that June 2020 will see the introduction of the AARTO system, in which all traffic fines dispensed throughout the country will carry the same penal value.
That said, not all infringements will result in demerit points as roughly half of the violations laid out in Schedule 3 of the AARTO regulations do not bear any demerit points at all.
The AARTO system stipulates that a drier may incur no more than 12-demerit points on their license. Should a driver incur a 13thpoint however, their license, would be suspended for a period of 3-months per every point over the 12 points ‘allowed’.
In spite of the criticism from organizations such as the AA and OUTA, Minister Mbalula remains undeterred and strongly warns motorists to prepare themselves for the introduction of the demerit system.
“We are going live. We take points. We take away your driver’s license. The President has signed this into law and now we are implementing it,” he said.
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