1. AARTO: LEGISLATION AND PRACTICAL IMPLICATIONS
Alta Swanepoel B R I D G N T H E A P W EE O Y C

2. INTRODUCTION
AARTO has been in force in Tshwane and Johannesburg since 2008 All aspects of AARTO has not been implemented yet Risks and specific consequences have not been evaluated yet Demerit points of legislation will only be in place when AARTO is in force in entire country

3. RTIA DOCUMENTS AND INFORMATION
RTIA Strategic Plan: 2014 tot 2019
Assumption of 2014 – October roll-out
No indication of when actual roll-out will take place - seems to be during 2015/2016
WEBSITES – and
Submissions may be made online in certain instances
Anti corruption hotline –

4. LEGISLATION
Act 46 of 1998 Amendments in 1999, 2000 and 2002 Regulations published in July 2008 Amendments in March 2010 Draft amendment published in April 2011 Revokes old regulations and republishes entire set – not implemented yet Draft has been amended again – not republished

5. Where does AARTO fit in?
Criminal Procedure Act, 1977 is the process act to charge criminal offenders CPA is not replaced by AARTO AARTO does not deal with criminal offenders Road traffic offences still prosecuted under CPA until AARTO is fully implemented
AARTO is the process act to prosecute road traffic infringers – Tshwane and JHB It exists parallel to CPA Currently only road traffic infringements Amendment to include cross-border, toll and NLTA infringements

6. NRTA PROVISIONS Owner – person who use and enjoy motor vehicle
Title holder – person who gives permission to sell vehicle
Section 73 of NRTA creates a presumption:
Owner drove/parked vehicle, if driver unknown
Corporate body = owner, presumed director or servant drove vehicle as duty or to further interest of company

7. Proxy legislation
The legislation relates to owners/operators of motor vehicles There is no definition of a “proxy” or a “representative” in the legislation The provisions of the different acts allocate duties an liability to owners, operators, directors or servants of companies The responsibility to allocate duties and the management of liability remains with the owner or directors of a company – the legislation stipulates the duties but not the manner in which it must be managed

8. Criminal Procedure
Sec 341
Pay/nominate driver
Sec 56
Pay/ court
Offence
Sec 54
Pay/ Court
Warrant
Trial/ plead guilty
Warrant
Acquit/ convict
Sec 54 – service:
14 days, person 16 or older, home or work address
Proxy may be arrested on warrant

9. GENERAL INFORMATION
RTIA = Road Traffic Infringement Agency Deals with payments, representations, nominations Commissioner of Oaths Needs to signs AARTO 07, 08 and 14. Affirmation or affidavit Service fees R 60/R100 Discounts 50% - pay in 32 days

10. AARTO PROCESS Each process valid for 32 days Time limits to respond
Infringement Notice
Risk: Costs may be incurred if response is not in time
Risk: Company will pay more if driver is not nominated on camera and parking infringements
Courtesy letter
Enforcement Order
Each process valid for 32 days
Time limits to respond
Resubmission in 21 days if no receipt is received
Warrant

11. New provisions in AARTO Act
Serving by registered mail:
*Presume mail is received 10 days after date on notice from Post office
*Last know address used
+ NaTIS address
+AARTO 07 address
+Address on AARTO 01 or 02
Actual collection date NOT recorded on NCR
Risk: Company will incur costs and be charged if driver is not nominated
Must change address with authorities within 14 days – failure - infringement
If notice is not collected – process continues

12. DUTY of OWNER Sec 17(5)
Duty on owner before vehicle is driven to collect information on driver
AARTO 07 – DR – May submit electronically/IA/mail
R points penalty and Demerit Points
Owner commits offence if he allows someone to use his vehicle without obtaining the following information of the driver:
Full names
Acceptable identification (Copy of ID, passport, driving licence for NDC purposes)
Residential address
Postal address

13. Infringement Notice Pay in 32 days Pay in instalments Court
50 % discount -
Demerit points recorded
Pay in 32 days
No discount, pay less per month over 6/12 months – AARTO 04
Demerit points recorded on first payment
Pay in instalments
To RTIA – AARTO 08 – minor infringements
May be accepted/rejected/referred to court
Make representation
Proxy receives Operator charges – AARTO 03 – needs to determine action company will take on it
Choose to appear in court
AARTO 10
Court
AARTO 07
Commissioner of Oaths must sign
Nominate driver
Courtesy letter issued
Does not act on notice
Proxy receives mailed notices:
Procedures required if proxy does not act in time

14. Courtesy letter Pay in 32 days Pay in instalments
No discount – Service fee R60/R 100
Demerit points recorded
Pay in 32 days
No discount, pay less per month over 6/12 months – AARTO 04
Demerit points recorded on first payment
Pay in instalments
To RTIA – AARTO 08 – minor infringements
May be accepted/ rejected/referred to court
Make representation
Choose to appear in court
AARTO 10
Court
Not available
Nominate driver
Enforcement order issued
Does not act on notice
Service fee:
- R60
R 100
Representation fee – R 200

15. RepresentationNomination Court
Enforcement Order
No discount – Service fee R60/R 100 x 2
Pay in 32 days
AARTO 14
Commissioner of Oaths
Request revocation
Not available
RepresentationNomination Court
Demerit points recorded
Licences blocked
Recorded on issue of EO
Demerit Points
All vehicle licences
Driving licence and Prdp
NaTIS Block
Warrant of execution of property issued
Does not act on notice
Risk: Licences not issued for any vehicle of owner

16. Sherriff executes warrant
Issues warrant
Registrar of RTIA
Costs charged by Sherriff also collected
Sherriff executes warrant
Property, licence, operator card
Impounds
Normal rules of execution of property apply
Court rules
Vehicle may be immobilized to prohibit use
Immobilizes
vehicle
No property – section 54 issued – criminal court process
No property
Additional costs, loss of property, documents and vehicle use

17. DP for drivers and operators
DEMERIT POINTS
Third disqualification = Cancel licence
Re-apply for learner’s and driving licence
Maximum of 12 points
DP for drivers and operators
Every point over 12 points = 3 months disqualification to drive
Point = 3 months
1 point every 3 months if no further points are obtained
Reduction of points

18. Section 49 and 51 of National Road Traffic Act
OPERATOR CHARGES
Section 49 and 51 of National Road Traffic Act
Vehicle control 49(d)
Driver Control 49 (c)
Control dangerous goods transport 49(f)
Control loading of vehicles 49(g)
Information 49(a)
Card display 49(b)
Presumption
Owner regarded as guilty if he cannot prove:
*reasonable action
*not employee’s job
* Did not connive with employee

19. RISKS Operators AARTO Driver not licensed Roadworthiness of vehicle
Additional costs – R 1250 per charge
Points for operator cards – suspension of vehicle
Driver not licensed
Roadworthiness of vehicle
Overloading
Dangerous goods
Entire Fleet suspended on maximum points
Fleet cannot be extended if OP card is suspended

20. OPERATOR FLEET POINTS 12 Points per vehicle No sliding scale anymore
Fleet suspension – exceed maximum points
1 month per point exceeding maximum

21. Item
Code
Ref
Description Cl
Penalty
D P
Rand
Disc
Pay Op
114
1704
Reg 35(7)
Operated a vehicle without a front or rear number plate affixed to the vehicle O C 6
49(c)
130
1900
Sect. 32(1)
Operated a goods vehicle with a GVM > 3500 kg. without a professional driving permit issued to him or her . I 25 4
1250
625
531
2684
Reg. 192A(2)(a)
Goods vehicle with GVM more than 3500kg not fitted with contour or strip markings at the sides / rear or such markings affixed higher than 600mm from lower part of body 10 1
500
250
49(d)
1293
3700
Sect. 58(1)
Failed to stop motor vehicle at stop sign of traffic or customs official. Non-RWC

22. Example - Driver
Display number plates with no SANS mark – R 1000 and 3 points Commits no infringements for three months Points reduce = 2 points total Speeding 128 in 100 zone - R 1000 and 3 points = 5 points total Overload vehicle 10% –R 1500 and 5 points = 10 points total Drive without valid PRDP – 4 points = 14 points total Person disqualified for 6 months from driving Submits licence card – Failure R DP

23. Example – Driver and Operator Points
Sec 49(c) – R DP
Sec 49(d) – R DP
No action against OP
Sec 49(g) – R DP
16 points – OP card suspended 1 year
Driver :
No PrDP – Sec 32 – R DP
Stop lamp not in working order – Reg 169 – R DP
No contour marking – Reg 192A – R DP
Driver did not stop sign – Sec R DP
Overloaded – Reg R DP
Driver – 8 points

24. RISKS Proxies AARTO Driver not licensed Roadworthiness of vehicle
Responsible for management of notices
Negligence – results in block on licences
Driver not licensed
Roadworthiness of vehicle
Overloading
Dangerous goods
Knowledge on legislation
Procedures for failure to comply with legislation

25. RISKS Drivers AARTO Cannot pay penalties on behalf of driver
Driver infringements – Operator charged
Driver needs to complete AARTO 27 -Permission to check DP
New drivers need to submit AARTO 29 – Statement of DP
13+ Demerit points – not allowed to drive
DP in private time – also contribute to total
Cannot pay penalties on behalf of driver
Must nominate driver for speed, red light and parking infringements
Driver should refuse to drive unroadworthy/ overloaded vehicle
Address details required on regular basis

26. Subcontractors RISKS AARTO
Operator cards may be suspended – cannot fulfil contract requirements
Subcontractors must control drivers, loading, etc.
Consignor/ consignee responsibilities to be extended
Mass determination
Declaration with mass loads
Contracts must require submission of regular point statements
Contractor must provide loading instructions

27. AARTO AARTO process to issue enforcement orders has commenced
Process: Serve AARTO 01, 02 or 03, AARTO 12 and then AARTO 13
AARTO 13 blocks licence discs on NaTIS
RTIA cannot issue AARTO 13 without having served AARTO 01, 02 and 03 and 12 properly
Warrant on traffic fine in other areas than Jhb and Tshwane may also block licence disc

28. AARTO Amendments
Draft – Bill published for comment Feb 2013 and in June 2013
Amends the term Agency to Authority
Amends definitions – significant proposed amendment to def. of infringement – extends it to include other road traffic legislation as well i.e. cross-border, NLTA
Minor/major infringement will be deleted
National Offences Register – specifically defined i.s.o. Contraventions Register
Funds for Authority – Adds penalties issued on behalf of issuing authority - sec 13A
Sec 30 proposed to be amended to make the methods of service “as prescribed”- will be detailed in regulations and will allow for electronic service
10 day service presumption extended to electronic service
Sec 32 – apportionment of fines – RTIA may hold back payments to non- compliant issuing authorities

29. AARTO Proposed Amendments – 1 Nov 2013
Draft regulations – Published for comment on 1 Nov 2013 – no further publication has taken place – must be published with AARTO Amendment Bill
"electronic service" means a communication by means of data messages and include data attached to, incorporated in, or logically associated with other data that may be electronically retrieved, or messages between the Authority and addressee in an electronic communication format, or text messaging it by the Authority to the recipient's cellular telephone.“
Reg 21 - If a document is to be served by means of electronic communication, the document must —
(a) be addressed to the infringer's address as indicated by him or her —
on a form similar to form AARTO 01 or AARTO 02, as may be applicable, as shown in Schedule 1, which he or she has confirmed as correct.; or
on the notice of change of address on a form similar to form NCR as listed in Schedule 1; or
as indicated in the register of driving licences or the register of motor vehicles; or
in registering on the AARTO website and providing an address, which he or she has confirmed as correct.;
(b)be made available to the infringer for electronic retrieval from an internet domain upon notification of such document by the Authority or the Issuing Authority, in the manner contemplated in regulation 23(3)."

30. AARTO Proposed Amendments – 1 Nov 2013
All references to Agency changed to Authority All references to service by registered mail changed to by registered mail or electronic service Electronic service will be – R 40 Served in person is R 100 Served by registered mail is R 60 Additional penalty amount will be paid due to sec 13A – R100 proposed

31. AARTO Amendment Regulations – 14 Nov 2013
Amendment to remove administration of certain functions by RTMC Provision that all penalties and fees received by anyone other than Agency be paid into Agency account All AARTO forms must be ordered from the Government Printing Works Schedule 3 is amended to correct certain overloading charges Schedule 4 on the sliding scale for operator points was deleted and replaced with issuing authority code list Additional issuing authorities are CBRTA, SANParks, RTMC, SAPS and Sanral

32. Company Policy and Procedures
Additional wording in contracts – Driver may not be disqualified from driving
Reporting of infringements and offences
Code required to manage driving of vehicles – existing offences – new consequences
Recording of drivers using vehicles
Rules on inspection of vehicles
Reporting of demerit points acquired
Procedure if employee’s actions result in additional cost for company
Responsible driver appointed if more than one driver is using vehicle

33. Training Material
AARTO Act and regulations with relevant legislation from NRTA, Guideline on redirecting of fines
AARTO driver manual
AARTO Poster
National Road Traffic Act

34. Sec/Reg
Problem
Actions
Sec 25
Driver incurs more than 12 points.
Disqualified from driving for period of time
Discipline driver
Suspend or dismiss driver
Sec 26
Driver does not reveal demerit points to company
Increases company risk – may not have sufficient drivers to drive vehicles.
Use AARTO 27 to check points
Discipline driver. Check demerit points with AARTO 27.
Determine who is responsible for admin fees

35. Sec 17, 19, 20, 21
Failure to react to operator infringement notice
No discount allowed
Additional charges to be paid
And R 1250 per infringement
Responsible person should be disciplined
Fees and full penalty to be paid
Failure to provide proxy with information on representation or possible defence on charges
Pay penalties, incur demerit points, possible suspension of operator card of vehicle and financial loss in use of vehicle
Discipline person responsible and determine who must pay penalties and costs
Driver incur more than 12 points
Disqualified from driving for period of time
Suspend or dismiss driver
Driver does not reveal demerit points to company
Increases company risk – may not have sufficient drivers to drive vehicles
Use AARTO 27 to check points – R 60
Discipline driver
Check demerit points with AARTO 27
Determine who is responsible for cost

36. Sec/Reg
Provision
Duty
Reg 18 50
Licensing of motor vehicle
Appoint proxy for m/v
Apply to correct R/A
Every branch is separate business – need to license at R/A 54
Within 21 days of buying m/v
Annual renewal (21 day grace – reg 23(3))
Reg 35 63
Number plates
Obtain number plates
Fit to m/v – new m/v (2009+) fix permanently
Reg 36 65
Licence disc
Display disc on m/v
Reg 53 68
Change of owner
Form NCO to R/A

37. Reg 54 69
Stolen vehicles
Report SAPS – 24 hours
Form CNV to R/A – 7 days
Reg 55 71
Scrap vehicle
Form CNP/ MVR1A -3 months
Reg 55A 72
Impounded by SAPS
Reg 65 79
Exporting
Form CNV
Sec 31
153
Unlicensed driver not allowed to be employed as driver or to drive vehicle
Check licence and PRDP validity
Sec 42/ reg 142
170
176
Roadworthy certificate
Annual certificate within 6 months before relicensing –display as part of licence disc
(21 day grace – reg 145)
Sec 42
General roadworthiness of vehicle
Ensure vehicle complies with;
Documents and numbers
Reg 149 to 220 equipment
Reg 221 to 229 dimensions
Reg 230 to 249 loads
Reg 250 to 265A passenger veh

38. Sec 45/ reg 265
180
Operator registration
Display card in terms of reg 272
(21 day grace – reg 267(7))
Sec 49(a)
185
Furnish information
Sec 49(b)
Display card – report if stolen
Sec 49(c)
Control driver
Be able to prove control as required in terms of section 51
Training
Disciplinary procedures
Check PRDP
Sec 49(d)
Control roadworthiness
Trip sheets
RWC records
Sec 49(e)
Control vehicle use to ensure safety
Sec 49(f)
Control transport of dangerous goods
Record keeping
Special agreements

39. Sec 49(f)
185
Control transport of dangerous goods
Be able to prove control as required in terms of section 51
Training
Record keeping
Special agreements
Sec 49(g)
190
Control loading and transportation
Loading instructions
Agreements with consignors
Weigh slips, axle mass control
Reg 275
193
D/G placards
Ensure placards and Trem/Trec cards match up
Reg 277
194
General duties
Comply with SANS specs and regulations
Reg 278
Compatible loads
Check compatibility SANS 10231
Reg 280
196
D/G training
Annual training
PRDP training by approved body
Reg 281
197
Driver documents
Trem/Trek cards and Dangerous goods declaration
Sec 81
325
Exemptions
Apply to MEC if vehicle does not comply to legislation requirements – TRH 11

40. Draft amendments
Adds R 40 to each penalty (R20 discount) No discounts for foreigners and 3 x the penalty? Changes in operator points No sliding scale for operators No commissioner of oath signature? Submission of documents by Changes in form format AARTO 32 and 33 No Act amendments yet Law Enforcement Bill will amend AARTO Act

41. CONCLUSION
AARTO requires management of drivers, proxies, general administration of vehicles Roadworthiness of vehicles Contracts with subcontractors Law enforcement will be a factor Disciplinary procedures to be in place New amendments in process