The constitutionality of the Administrative Adjudication of Road Traffic Offences (Aarto) will soon be decided, with the Constitutional Court due to hand down its judgement towards the end of this month.
Even though the decision of the Constitutional Court has still not been finalised, the Road Traffic Infringement Authority (RTIA) has been at pains to make it clear that it will continue with the preparatory tasks required for a national rollout of the demerit system – looking at full implementation across the country within three years of the initial rollout phases, according to the chief executive officer of the Road Freight Association (RFA), Gavin Kelly.
“The RFA has interacted with both the Department of Transport (DoT) and the Road Traffic Infringement Agency (RTIA) since the first publication of the draft Aarto Act and the resulting regulations, dating back to 1997. We have placed on record that, despite well-substantiated motivation for serious adjustment to both the manner of implementation of a demerit system as well as the ability for law-abiding citizens to access and manage their proposed demerit points, the department has not amended the regulations in any way to ensure that the compliance costs do not become a serious burden on law-abiding citizens - whether fleet operators or individuals,” Kelly said.
He added that the RFA had noted that the issuing of points to vehicles was unfounded, would have a serious impact on the vehicle supply sector (both new and used), would affect the sustainability of fleets and individuals with regard to personal transport needs (there is no reliable, efficient, safe and affordable public transport system available in the country), and not have the effective and sustainable behaviour change required to improve road traffic legislative compliance.
If the demerit system is implemented, drivers will commence with zero points and will “earn” demerit points as and when applicable through the Aarto process, where demerit points are allocated. Currently, the threshold is a maximum of 12 points (the proposed amendment recommends 15 points). From point 13 the sanctions of suspension or cancellation of a driving licence will occur, as defined in the Aarto legislation.
“There are numerous challenges: the scourge of corruption and poor traffic policing have not been addressed or resolved, and nor has the process to ensure that manipulation of the system through targeting of certain fleet operators (or individuals).
“In addition, the proposed Tribunal System has a number of flaws that leave prospective procedural queries hanging, and the whole rehabilitation programme has more queries than answers. There are numerous charges relating to taxis that carry no demerit points, and the addition of extra levies to cover administration processes point to revenue generation,” he added.
Furthermore, the process of addressing the comments received from the last round of public input has not been completed – a final proposal relating to the proposed regulations was not completed before the current impasse was created through the legal process (which now awaits the decision from the Constitutional Court).
“The RFA trusts that, once the Constitutional Court has handed down its judgement (either way), the Department of Transport and the RTIA will carefully consider and apply the comments from all parties that submitted comment and take special note of the comments from the Association which cover the impact this legislation will have on fleet operators.
“In its last iteration/form, the RFA is of the opinion that Aarto will not be implementable without the comments and proposals it tabled in 2019. The Association is aware that the RTIA has taken many of these into consideration, and that another draft of the proposed regulations is ready for public circulation – pending the judgement from the Constitutional Court.
“It is crucial that a sustainable, fair, reliable and manageable system is introduced to change and improve road user behaviour, and that this does not become a huge financial millstone around the necks of compliant fleets (or individuals),” Kelly concluded.
