No progress in sight for Aarto

Details about the official
implementation of the
Administrative Adjudication of
Road Traffic Offences (Aarto)
remain in limbo.
And without the
administrative systems
required to drive the process,
there are many pieces of
the puzzle
outstanding.
At present
pilot operations
are in
operation in
Johannesburg
and Tshwane,
while the
Criminal
Procedures
Act continues
to apply across
the country.
According to the Road
Freight Association (RFA)
technical and operations
director, Gavin Kelly, Aarto
in its entirety is based on the
principle of making road traffic
offences an administrative
process.
“But the administrative
systems to do that are not
yet in place. Neither are the
traffic courts that would have
to deal with the issues – so the
department of transport has
conceded that Aarto will not
be implemented in the near
future,” he said.
The practical
implementation of the Act is
also questionable. Because road
traffic offences through Aarto
become administrative metro
officers cannot issue warrants
of arrest from infringement
notices as that would imply a
criminal offence – yet this still
continues in the pilot districts.
Aarto also
cannot issue a
summons for an
arrest.
According to
Kelly, Aarto has
no prosecutorial
system of any
kind attached
to it. “It is a
fine and a point
system that you
either accept
or not. Should
you not accept
the infringement you have the
ability to go to a traffic court to
object, but as indicated these
courts simply don’t exist.”
According to Alan Dunn,
a consultant with Unitrans
Supply Chains Solutions, if the
legislation is ever introduced
it will require a complete
mindshift from industry
in how to deal with traffic
offences.
“Existing contracts with
employees would have to
be reviewed – especially for
drivers – to deal with the issue
of what happens when licences
are suspended in the points
system,” he said.
Patrick O’Leary of
Fleetwatch, who has been
heavily involved in road safety
initiatives for the trucking
industry, said it remained
dubious whether this legislation
would effect any change in
making roads safer.
“There is no doubt that the
aim of the legislaiton – to
stop the carnage on the roads
– is honourable. In principle
addressing road safety is a
good thing, but Aarto as it
stands will simply just not
work,” he said.
INSERT & CAPTION
The department of
transport has conceded
that Aarto will not be
implemented in the
near future.
– Gavin Kelly