The Road Freight Association (RFA) has criticised the proposed tribunal system which implements stricter driving rules for South African motorists, as the association feels it provokes more procedural queries than it provides answers.
Chief executive officer of the RFA, Gavin Kelly, noticed that although some vehicles would not have demerits, they could still have numerous charges related to them, indicating that adding levies to cover administrative processes is a form of revenue generation.
"The court reserved judgment; indications are that the judgment should be handed down before the end of May," Kelly told IOL.
"While this is awaited, the Road Traffic Infringement Authority has said it will continue with the preparatory tasks required for a national rollout, looking at full implementation across the country within three years of the initial rollout phases.”
Former transport minister, Fikile Mbalula, was addressing motorists on the N1 North, near the Carousel Plaza during a roadblock in August 2022, when he explained the implications of South Africa adopting the Aarto Act.
"The act brings new provisions of the road traffic law, such as the setting up of the points demerit system and the creation of rehabilitation centres for habitual infringers.
"The demerit system will see each driver starting on zero points and earning demerit points for each traffic law violation. Once they reach 12 points, the offender's licence will be suspended. The Aarto will be implemented after it has been promulgated and published in the government gazette," Mbalula said back then.
The RFA has interacted with the Department of Transport about the drafts of the Aarto Act and its resultant regulations since 1997.
Kelly notes that although the demerit system's implementation is well-motivated, the Transport Department has not amended the regulations to ensure that compliance levies do not become a severe cost to law-abiding motorists.
However, Kelly also feels that the issuing of points is not substantiated in a South African motorist's context and thus will have a negative impact on the vehicle supply sector, both new and second-hand.
According to Kelly, drivers will start with zero points, not 15 points, and accumulate demerit points when applicable.
Currently, the threshold for license suspension sits at 12 demerits; however, the proposed amendment recommends 15 demerit points, and from the 13th point, various sanctions and suspensions will occur, as defined in Aarto legislation.
However, there are many challenges and fears about implementing the system in a South African context, including a lack of resolution among corruption and poor traffic policing, and no safeguards against system manipulations to target specific fleets, operators, or individuals.
"Addressing the comments from the last round of public comments has not been completed, and a final proposal on proposed regulations was not completed before the impasse created via the legal process, which now awaits the Concourt decision," said Kelly.
