Non-compliance with Aarto (Adjudication of Road Traffic Offences) could have severe consequences for truck operators and fleet owners found to be transgressing the law. With the new law set to go live in April next year, it could see some businesses having to close their doors as infringements will see licences and permits not just suspended but cancelled. Gavin Kelly, spokesman for the Road Freight Association (RFA), who has been monitoring the progress and implications of Aarto, said last week that the organisation remained unconvinced that truck operators would not be targeted. “If a truck is stopped by an officer 20km outside the depot and fined for an infringement, what is stopping the traffic officer from calling his buddy in the next town to be on the lookout for the truck. The system does not allow for infringements to be finalised and therefore one can be fined for the same thing.” Speaking at the Responsible Care workshop organised by the Chemical and Allied Industry Association (CAIA), Kelly said Aarto had severe consequences. “Nonpayment will see a warrant being issued that could result in properties being seized, but also licences and permits cancelled which means a transport business cannot operate.” According to Kelly, Aarto requires operators to know who is driving their vehicles at all times as an owner will be charged three times the fine if the driver of a vehicle cannot be identified. In addition, a charge will only be allowed to be redirected once – and after that the owner will find himself not being able to renew licences or register and license new vehicles, and the same goes for permits. Also, with the new system, fines and points incurred for traffic offences will have consequences for both the driver and the owner of a vehicle. Kelly advised employers to look at including Aarto in employment contracts and to have disciplinary processes in place to be able to deal with infringements and offenders. “One will also have to implement an offence management system and have a standby reserve pool of drivers.” He said the RFA was still in discussion with the DoT around some regulations such as the points system for vehicles, which sees large fleets (where there are more than 120 vehicles) only allocated six points per vehicle. “In other words if that vehicle is a tanker and does not have a working fire extinguisher on board it will lose four points – leaving it with only two before it is not allowed on the road. Drivers and operators are going to find themselves having to comply with legislation in detail or find themselves closing their doors. A list of some 4300 infringements has already been drawn up by the DoT. Some examples of infringements are the loss of three points and a R1000 fine if goods are not safely contained within the body of a vehicle. In such an instance the operator will also be charged, while people found travelling in the goods section of a goods vehicle and not behind a partition will see two points being taken and a fine of R750 imposed. Once again the operator will also be charged. “The list is endless,” says Kelly. “We are currently drafting a best practice manual while we are also lobbying Government for a professional and person split.” Aarto makes no distinction in the demerit system between driving in a personal capacity or driving for work. This means people could find themselves unable to work if they reach the 12-point mark.
