RTIA - Justice in Adjudication Road Traffic Infringement Agency (RTIA) AARTO – Facts and Fallacies Road Freight Association Convention 2012 Zimbali Coastal Resort, North Coast, 22 May 2012 By Japh Chuwe Registrar

RTIA - Justice in Adjudication Contents RTIA and its mandate Analysis of Road Safety Environment in RSA Strategic Priorities AARTO Process and Points Demerit System Outcomes of an Effective AARTO Process Benefits of AARTO for RSA Effects of AARTO on RFA RTIA/RFA Partnership Possibilities AARTO National Rollout Conclusion

RTIA - Justice in Adjudication RTIA and its Mandate Established by section 3 of the Administrative Adjudication of Road Traffic Offences Act, 1998 Main objects are to: (a)encourage compliance with the national and provincial laws and municipal by-laws relating to road traffic and to promote road traffic safety; (b)encourage the payment of penalties imposed for infringements and to allow alleged minor infringers to make representations; (c)establish a procedure for the effective and expeditious adjudication of infringements; (d)alleviate the burden on the courts of trying offenders for infringements;

RTIA - Justice in Adjudication RTIA and its Mandate (e)to penalise drivers and operators who are guilty of infringements or offences through the imposition of demerit points leading to the suspension and cancellation of driving licences, professional driving permits or operator cards; (f)to reward law-abiding behaviour by reducing demerit points where they have been incurred if infringements or offences are not committed over specified periods; (g)to establish an agency to support the law enforcement and judicial authorities and to undertake the administrative adjudication process; and (h)to strengthen co-operation between the prosecuting and law enforcement authorities by establishing a board to govern the agency.

RTIA - Justice in Adjudication Analysis of Road Safety Environment in RSA Country population - 50m Vehicle population – 9.8 m Driving licences – 7.5 m Vehicle crashes – around 1 m p/a Fatal crashes – p/a Majority of victims – economically active Cost to national fiscus - > R 40 b p/a Socio-economic costs to country - >R200 b p/a

RTIA - Justice in Adjudication Analysis of Road Safety Environment in RSA Current management of traffic offences under Criminal Procedure Act, 1977 Disparate systems Different penal codes implemented at various jurisdictions Non-prioritisation of traffic offences Delay in finalisation of offences

RTIA - Justice in Adjudication Analysis of Road Safety Environment in RSA South Africa fervently implementing initiatives to focus on five pillars of road safety, which underpin World report road traffic safety injury prevention Developed and implemented a 3 year National Rolling Enforcement Plan (NREP) from October 2010 NREP an effort to improve visible law enforcement and to check 1 million vehicles/drivers monthly in 1000 roadside activities everyday

RTIA - Justice in Adjudication Strategic priorities UN Decade of Action for Road Safety Departments strategic outcomes - A safe and secure transport sector Rehabilitation of infringers on 3 phase strategy reduction of contraventions transformed community -beyond 2020 compliance Development of effective legislative governance framework Development of efficient adjudication processes

RTIA - Justice in Adjudication The AARTO Process and Points Demerit System

RTIA - Justice in Adjudication The AARTO Process

RTIA - Justice in Adjudication The AARTO Process

RTIA - Justice in Adjudication The AARTO Process

RTIA - Justice in Adjudication AARTO Facts or Fallacies AARTO replaces the National Road Traffic Act of 1996, All AARTO 3 infringement notices must be served via registered mail Points Demerit System in force? AARTO 3 infringement notices served by JMPD since April 2011 are unlawful? Traffic penalties under AARTO no longer involve summonses and warrants of arrest

RTIA - Justice in Adjudication AARTO Facts or Fallacies With respect to AARTO fines – a summons or warrant of arrest with respect to an infringement notice may never be issued under any circumstance You have 32 days from receipt of an AARTO infringement notice to take the 50% discount You can not be arrested or detained at a roadblock for an AARTO fine Execution of Warrants of Execution can only be exercised by the Sheriff and not by the police or traffic officers Every driver starts with 0 points on their licence and points are accumulated to a maximum of 12 points

RTIA - Justice in Adjudication Benefits of AARTO for RSA Achievement of strategic goals (UNDoARS) Reduced crashes, unnecessary deaths and injuries Easy identification & punishment of habitual infringers Improved overall country productivity due to fewer disruptions of traffic flow Major savings on socio-economic costs (welfare, disability, orphanages) Fewer persons in correctional facilities implying a reduced workload for correctional services and related cost savings Saving on car, disability and life insurance costs as well as medical fund costs Protection of human capital and skills Effective management and asset protection Achievement of corporate social responsibility goals

RTIA - Justice in Adjudication Effects of AARTO on RFA Members must be fully appraised of AARTO RFA has responsibility to check status of drivers in the NCR Make full use of AARTO for benefit of RFA business Can manage habitual infringers through AARTO process RFA can compile list of professional drivers without infringements Members can conduct risk analysis from NCR records for their drivers Once implemented demerit points will have adverse effect on habitual offenders

RTIA - Justice in Adjudication RTIA/RAF Partnership Possibilities Incorporate aspects of AARTO Act in RFA training manual Collaboration on specialist provincial & Local projects Long-term partnership possibilities on education campaigns Co-branding on materials and multi-faceted programmes Leverage on integrity of the agency and create link for RTIA website on RFA page Value of partnerships during national AARTO rollout

RTIA - Justice in Adjudication AARTO National Rollout RTIA envisage rollout in 2013/14 Minister of Transport to make pronouncement of rollout AARTO Summit stakeholder consultation process to be undertaken Leverage on integrity of the agency

RTIA - Justice in Adjudication Conclusion Thank you!