THE AARTO AMENDMENT ACT
The Administrative Adjudication of Road Traffic Offences Act, 46 of 1998, “AARTO”, has been in force since 2008. The unique effect of AARTO is that same only applies to offences within Johannesburg and Tshwane.
However, on 01 July 2021, the Government plans to enact the amended AARTO Act, 4 of 2019, (“the Act”), nationwide.
According to the Act, dealing with infringements will comprise of the following three steps:
An infringement notice, which would be served immediately or after the fact;
A courtesy letter, which removes some of the leniencies afforded to a driver/owner on the infringement notice; and
An enforcement order, which applies the relevant fine or demerit points to the driver/owner.
The infringement notice:
The infringement notice sets out the details of the alleged infringement including various options which may be exercised, such as, payment of a discounted penalty, the opportunity to request payment in instalments, or to state why one is not liable.
The courtesy letter:
If the owner/driver fails to act in terms of the infringement notice, the Road Traffic Infringement Agency, (“the RTIA”), issues a letter reminding the owner/driver to respond based on the less favourable options provided.
The enforcement order:
Should the owner/driver’s silence persist, the RTIA issues the enforcement order applying the demerit points and blocking licensing transactions thereby stopping the issuing of a drivers licence or a licence disc.
A few of the offences, fines and demerits in terms of the Act are:
Driving more than 11/12 km’s over in a 60 km zone will result in a fine, whereas, driving more than 90 km’s will be regarded as a criminal offence and will add 6 demerit points to ones’ license.
Should a driver/owner fail to carry a triangle or display a current licence disc, the fines payable are R1 000,00 and R2 000,00 respectively, with no demerit points applicable.
For additional information on AARTO please contact Phillip Silver Mathura on 011 - 646 8411