2. INTRODUCTION AARTO has been implemented on pilot project basis National Road Traffic Act, 1996 and AARTO Act, 1998 must be used in conjunction with each other Amendment bill in process to add other acts to AARTO process

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

4. IMPLEMENTATION AARTO was implemented in Tshwane on 16 July 2008 Legislation was implemented in Johannesburg on 1 November 2008 – Road traffic offences in the rest of the country is still prosecuted in terms of the Criminal Procedure Act, 1977 The demerit point system is tested but has not been implemented yet – implemented at end of Administrative system All infringements committed in these areas are addressed in terms of AARTO

5. 5 ROAD TRAFFIC INFRINGEMENT AGENCY Section 1 to 16 of Act RTIA Board Registrar – in charge of RTIA Administrative functions may be contracted to another organisation - RTMC Representation officers and sheriffs Sole purpose to address road safety and finalise traffic infringements

6. Criminal Procedure Sec 341 and 56 notices Sec 54 summons Sec 341 and 56 replaced by AARTO 01, 02 and 03 Offences – sec 54 summonses will still be issued

7. General provisions Serving of notices by registered mail – 10 day presumption Automatic discounts No court or payment dates on AARTO 01, 02 or 03 Administrative fees

8. Offence or infringement committed Section 17 Infringement notice- AARTO 01, 02 or 03 - 32 days Offence- Arrested - Section 54 - Court process

9. Infringement notice AARTO 01, 02 or 03- 32 days Options:1. Pay in 32 days/ 50% discount 2. Pay instalments/AARTO 04 3. Make representations/AARTO 08 4. Choose court/AARTO 10 5. Nominate actual driver/AARTO 07

10. 10 DUTY of OWNER Sec 17(5) Duty on owner before vehicle is driven to collect information on driver R 750 + 2 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

11. Receipts All documents that are sent to the RTIA or RTMC Receipt must be issued Sender’s responsibility to resend if no receipt is received in 21 days Prosecutors cannot cancel notices- process continues

12. Courtesy letter Section 19 32 Days Options:1.Pay full amount and admin fee R60/R100 2. Make representations/AARTO 08, If rejected – extra R 200 3. Choose court/AARTO 10 4. No direct nomination on AARTO 07 12

13. Enforcement order Section 20 No licence cards, operator cards or discs Demerit points allocated Additional fees Options:1. Pay full amount - R60/R100 2. Apply for revocation/AARTO 14

14. Warrant Section 21 Executed by Sherriff Infringer may pay costs before execution is finalized. Results: 1. Sherriff seizes licences, property, operator cards 2. Vehicle immobilized

15. Penalties and demerit points PenaltyRand Value 2R 100 5R 250 10R 500 15R 750 20R 1000 25R 1250 30R 1500 OCourt DiscountDem R 50- R 1250 R 2501 R 3752 R 5003 R 6254 R 7505 -6

16. Demerit points Person- Initial points (0-12max) - Reduce at 1 point per 3 months (No further infringements) - Every point over 12 points (3 months disqualified form driving) - Must hand licence to authority – failure R 1000 and 3 points 16

17. Demerit points continued Operator- Initial points (0-12max) - Reduce at 1 point per 3 months (No further infringements) - Every point over 12 points (3 month operator card suspension)

18. Duties of operator- Section 49 - NRTA a)Information to authorities on address, proxy, etc. b)Protect card – display in window c)Control driver – All offences, specific PrDP and overloading d)Vehicle fitness – RWC, licence, etc. e)Safety of public – general safety f)Dangerous goods g)Loading and transportation

19. ItemCodeRefDescriptionClPenaltyD PRandDiscPay Op 241224Reg 35 Operated a vehicle with number plates not relating to vehicle OC6000 49(c) 1301900 Sect. 32(1) Operated a goods vehicle with a GVM > 3500 kg. without a professional driving permit issued to him or her. I2541250625 49(c) 5312684 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 I101500250 49(d) 12933700 Sect. 58(1) Failed to stop motor vehicle at stop sign of traffic or customs official. Non-RWC I101500250

20. Example - Driver Incorrect number plates – R 1000 and 3 points Commit no infringements for three months Points reduce = 2 points total Speeding - R 1000 and 3 points = 5 points total Overload vehicle –R 1500 and 5 points = 10 points total Drive without valid PRDP – 4 points = 14 points total Person disqualified for 6 months from driving 20

21. Example – Driver and Operator Points Driver : No PrDP – Sec 32 – R 1250 + 4 DP Stop lamp not in working order – Reg 169 – R 500 + 1 DP No contour marking – Reg 192A – R 500 + 1 DP Driver did not stop sign – Sec 58 - R 500 + 1 DP Overloaded – Reg 234 - R 500 + 1 DP Driver – 8 points Operator: Sec 49(c) – R 1250 + 4 DP Sec 49(d) – R 1250 + 4 DP No action against OP Sec 49(g) – R 1250 + 4 DP 16 points – OP card suspended 1 year 21

22. 22 Section 33 - Demerit point information Employer may only have access to points with permission of employee New and existing employees have to complete form to give permission “Private time” points also count towards record – Owner must be aware of all points Application criteria should include statement on points - driver has to apply for statement

23. 23 HR Issues AARTO does not address labour issues – Labour Act and Basic Conditions of Employment Act regulate labour issues No licence and PrDP – Not qualified to do job Road Traffic legislation influences labour contracts Drivers and proxies must be informed of new legislation Procedures should be drawn up to ensure employees know the company’s policies Employees must be trained on new legislation

24. Suggested Procedures Company should develop rules on: – Failure to react in 32 days to infringement notice – Administrative costs for courtesy letters and enforcements orders – Failure to supply information to proxy to make decisions on operator infringements – Failure to control vehicle use – No information on offending driver – Procedure to ensure current information on postal and residential address 24

25. Procedures Inspection trip sheets Frequent checks on driving licences Procedures to assist drivers with infringements Policy on treatment of drivers disqualified from driving

26. 26 Conclusion AARTO was developed to address all the law enforcement issues that are currently inadequately addressed by the Criminal Procedure Act Traffic law enforcement will have to be intensified to ensure that AARTO is successful – the threat of AARTO is only a threat if a person is prosecuted for infringements and offences Corruption must be addressed, traps and the successful prosecution of both officers and members of the public is vital to make AARTO viable