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The last time we checked in on the Administrative Adjudication of Road Traffic Offences (Aarto) Act, complete with its points-based licence demerit system for traffic offences, it was set to be implemented by June this year.

Well, the first phase launched on July 1, but the actual demerit system is only expected to come online in the fourth phase, which is set to start from July 1 next year.

How the demerit system operates will remain the same, except for a few changes in how infringement documents are served.

Motorists need to be aware of these changes, says Kirstie Haslam, a partner at personal injury firm DSC Attorneys.

She spoke with BusinessTech:

“Currently, traffic violations in South Africa are handled as criminal offences. Fines are issued and progressed in accordance with the Criminal Procedure Act, and offences are prosecuted in court by the National Prosecuting Authority,” she said.

Below are the three main steps in the amended process to be aware of.

1. Issuing an infringement notice

A traffic violation could mean being served an infringement notice on the spot (as in roadside).

Otherwise, the notice may be delivered post-violation to the registered vehicle owner’s address.

Then, there are 32 days to take action, which includes:

• Pay a 50% discounted fine and incur applicable demerit points;
• Arrange to pay the full fine in instalments and incur applicable demerit points;
• Submit a written representation to the Road Traffic Infringement Agency (RTIA) contesting the alleged violation, or
• Nominate the driver if this was someone else.

2. Issuing a courtesy letter

If there is no response in those initial 32 days, a courtesy letter will be issued, giving the recipient an additional 32 days to:

• Pay the full fine plus R200 – consisting of a so-called infringement penalty levy (IPL) of R100 plus a courtesy letter fee of R100 – and incur the applicable demerit points, or
• Submit a written representation to the RTIA contesting the fine.

3. Issuing an enforcement order

If action is still not taken within the extra 32 days, an enforcement order is issued.

Plus, the relevant demerit points will apply and the recipient will be blocked from performing licensing transactions on eNaTIS – the National Traffic Information System online.

This will inhibit a driver from getting a valid driving licence, professional driving permit, or vehicle licence disc, so they pretty much won’t be allowed on the roads.

At this stage, you would need to pay the full fine plus an additional R300 penalty, or apply to the RTIA for the order to be revoked within 32 days of the enforcement order being served.

In short, it is worth familiarising oneself with the Aarto act, the demerit system, and the possible violations that are hitting our roads slowly but surely.

[source:businesstech]