Calls for the rejection of the Administrative Adjudication of Road Traffic Offences (Aarto) Amendment Bill are escalating.
The controversial proposed traffic law which seeks to take away traffic offenders’ driving licences through a demerit system was approved by Parliament’s National Assembly earlier this year despite ongoing criticism and concerns with the legislation.
According to Gavin Kelly, spokesman for the Road Freight Association (RFA), the topic will come under the spotlight at the annual RFA conference later this month at the Arabella Hotel near Hermanus in the Western Cape.
Advocate Kevin Hopkins will discuss the Bill’s apparent proposal to circumvent or ignore basic common law rights. While the legislation was promulgated in 1998, it has not been implemented across the country for several reasons.
“Most of these relate to the practicality of implementing the system, resistance from local authorities and the challenges that will arise in administration of the system by authorities and fleet operators as well as private individuals,” said Kelly. “The removal of the right to defend oneself in Court should not be taken lightly – this being replaced with a Tribunal set up and controlled by the entity that issues infringement notices. Where is the independence in adjudication?”
Kelly believes that the points demerit system will see an exponential increase in bribery and corruption as drivers and vehicle owners become desperate to continue to operate. Protracted discussions had yielded no positive outcome, he added.
