Transport and Public Works

(a)    The Administrative Adjudication of Road Traffic Offences Act, 1998 (AARTO, Act No. 46 of 1998) is an Act that introduces a points demerit system for traffic violations. It is managed by the Road Traffic Management Corporation (RTMC), a public entity under the National Department of Transport. Although the Act was enacted in 1998, it has not yet been fully implemented because of certain shortcomings with the legislation and difficulties experienced when implementing it in the pilot areas of Johannesburg and Tshwane. The reason AARTO has suddenly become topical is because an Amendment Act was promulgated which attempts to fix the Legislative shortcomings of the original Act.  
Just because the Amendment Act was signed into law, does not mean that the Act will be implemented immediately.   It will only be implemented in the Western Cape, if the President, through proclamation, proclaims that it will be implemented in the Western Cape.
Therefore, there is no immediate implication for Traffic Law Enforcement in the Province. 
(b)    AARTO changes the entire law enforcement system. Once implemented some of the fundamental changes within the traffic law enforcement environment will be:
(i)    A demerit system will be introduced whereby traffic violations will be categorised according to seriousness and given a point value. On the commission of any violation, the point value of that violation will be deducted from an infringer’s driver's licence which could eventually lead to the suspension or cancellation of a driver’s license. 
(ii)    Fine revenue will be collected by the Road Traffic Infringement Agency (RTIA) and, after the deduction of a fee, distributed to the authority that issued the fine. This means that fines issued by Provincial Traffic Officials will no longer accrue to the municipality in which the fine was issued but to the Province potentially resulting in a loss of revenue for municipalities, but an increase in revenue for the Province. 
(iii)     There will be a central Appeal Authority to which infringers must apply if they dispute fines issued against them. 

(c)     There is a National AARTO steering committee that is responsible for AARTO rollout preparation. All Provinces including the Western Cape are part of this committee. We are working within this Committee to continually assess readiness within the Province and to address shortcomings where necessary. 
(d)     My department, having aligned itself to the UN’s Sustainable Development Goals and the Brasilia Declaration to reduce fatalities by 50% by 2020, supports any sensible initiative aimed at achieving this goal. I therefore support the strategic intent behind the development of the AARTO Act. Despite working together with the RTMC to ensure proper rollout, I have serious concerns regarding the readiness of the Road Traffic Infringement Authority (“RTIA”) to implement the AARTO Act. The lack of readiness was apparent when the AARTO Act was piloted in Johannesburg and Tshwane. While I understand that a proclamation still has to be signed by the President before it is implemented in the Western Cape, I am concerned that the premature implementation of the AARTO Act will have an effect contrary to what is intended. If the RTIA and municipalities are not ready to implement the AARTO Act, it is more likely to lead to a break down of law on our roads.

We have additional concerns with the legislation itself. They include:

(i)    the ludicrous and unworkable idea of creating a central Appeals Tribunal to deal with all appeals relating to fines. The City of Cape Town alone issued more than two million fines in 2016. If a small proportion of fines issued around the country are taken on appeal, it would paralyse the system and provide lawless road users with means to escape accountability;

(ii)     The potential loss of revenue that will be suffered by municipalities;

(ii)    Foreign Drivers are not taken into consideration in the AARTO legislation.