The controversial Administrative Adjudication of Road Traffic Offences (Aarto) Bill – which the road freight industry has branded as “unconstitutional” – could come into effect as soon as the second quarter of this year. It is currently before the National Council of Provinces (NCOP) for final approval, and public commentary on the bill closes at the end of this month (March). This is the last step before the bill is signed into law. One of the biggest concerns around the bill, shared by legal bodies and industry alike, is the complete removal of the courts from the Aarto process, making it compulsory to make written representations to the state-owned enterprise (SOE), the Road Traffic Infringement Authority (RTIA), which is funded almost entirely by revenue collected by traffic fines. “The Bill has taken away the right to be heard in court and in its place has set up a tribunal that will have to be paid a fee to hear the case. There are major issues and challenges in all of this,” Gavin Kelly, technical and operations manager of the Road Freight Association (RFA), told FTW recently. Justice Project South Africa (JPSA) chairperson, Howard Dembovsky, agreed. He said that while this might sound like good news to those who had grown tired of the lawlessness on SA’s roads, there were numerous provisions applicable to the current Aarto Act which, along with the proposed amendments contained in the Aarto Amendment Bill, would “literally make your hair stand on end”. “For example, the Aarto Act does not concern itself with whether you are guilty or innocent of the infringement with respect to which a traffic officer issues an infringement notice to you,” he pointed out. Dembovsky explained that the Tribunal could only be approached if drivers had made unsuccessful written representation. “Upon such an approach, which must be made within 30 days of the adverse outcome of a representation, the fee prescribed by the Minister of Transport must be paid to the Tribunal, for it to review the decision of a representations officer.” This could lead to massive cost outlays for road transporters, along with even more red tape. And Dembovsky said this was by no means the sole provision in the Aarto Amendment Bill which “rings the wrong kind of constitutional bells”. The Bill and the existing Aarto Act were full of provisions that JPSA believed would fail to pass constitutional muster.
INSERT with IMAGE
The Aarto Act does not concern itself with whether you are guilty or innocent of the infringement. – Howard Dembovsky
