Fin24

New proposals may hike traffic fines

2011-04-20 06:47

Pretoria - A voluminous set of new regulations related to the Administrative Adjudication of Road Traffic Offences (Aarto) Act was published for comment on Friday.

If the 222-page document is eventually accepted, it will replace all previous Aarto regulations and amendments. Interested parties have 30 days to provide input.

Doug Warren, a director of SASM, a company which offers Aarto training, said at first glance he had noticed that all fines had been increased by R40. Provision had also been made for fines – which previously could be sent by registered post alone – to be served personally on alleged offenders.

The Johannesburg metro police, in particular, previously indicated that the costs of registered post made Aarto unaffordable for them.

Aarto is currently being implemented in Johannesburg and Pretoria on a trial basis. When it will come into force around the country is still unknown.

A full set of new Aarto forms, which make certain procedures clear, is contained in the regulations.

Warren said that in terms of the draft regulations the authorities have to advise anyone making representation within 40 days whether or not they have been successful. There was previously no deadline.

He said certain offences are now classified as serious violations, for which an accused person cannot make representation. Should one wish to defend oneself, one has to go to court. Speeding transgressions of more than 30km per hour are classified as serious offences.

Alta Swanepoel, a consultant closely involved with drafting the Aarto Act, said some of the problems are within the act itself and cannot be rectified with regulations. But she does believe certain processes, like those for handling misdemeanours, submitting representations and re-issuing, are simplified by the draft regulations.

She said the draft regulations are so comprehensive that it will take time to study them in detail.

René Venter, the owner of Avax-SA 466CC, which administers the fines on behalf of entities, said some of the administrative problems had not received attention.

One example is that the authorities have to acknowledge receipt of a request to re-issue a fine within 14 days, but there is no stipulation of the time limit within which it has to be finalised.

She is also worried about the fact that documents can be served on any adult on the premises if the alleged offender is not home, or they can simply be left on the premises. There is too much at stake, she said. The wind can blow the document away and the motorist might be totally unaware of the fine which could cost him his driving licence.

Gavin Kelly, technical and operations manager at the Road Freight Association, said problems on the roads would not be resolved by meddling with laws and regulations.
Aarto has been on the statute book since 1998 but is still not in operation countrywide.

He said the National Road Traffic Act was quite adequate to combat lawlessness on the roads. The shortcomings, he believed, lay in its implementation.
 
- Sake24.com

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Comments
  • freedom - 2011-04-20 07:55

    Wow can you imagine half these dudes cant read! they will be dropping off fines at the wrong addresses and you will be held accountable for receiving your alleged offence, Man these morons heads are flat and then they try and lead a nation

      Zion - 2011-04-21 07:22

      Freedom, this is a corrupt yet general practice. The rational is that the onus rests on the person who commited the offence. A messanger of the court rocked up at my house and handed my wife a summons. The messanger was reminded that the persons name on the summons had left the premises about two years ago. Acceptance was refused so it was thrown on the bench. It and the next one was returned by hand to the attorneys office. The motorist does not always know when he has been photographed by the speed camera and if he/her has moved then the authorities must search the licencing Data base.

  • Wacko - 2011-04-20 07:56

    More money for the thieves.............

  • MeltdowN - 2011-04-20 07:58

    BLAH BLAH BLAH..... Just another way to get more money from us! These clowns cant control the roads at all anyway, they too useless.

  • c1 - 2011-04-20 08:04

    What about the TAXIs???????????????????????????????????????????

  • Skande - 2011-04-20 08:10

    How about rolling out the handheld devices to Metro so they can scan your license and enter your registration and check all outstanding issues/fines and act on the spot. If someone has multiple fines outstanding, tow the car there and then. There are so many people with 10 and more fines and they just get more and more because the on-the-spot checks can not be done. The automated system again can check if there are x amount of outstanding fines and the next fine will be double due to x unpaid fines older than y.

  • Brownskin - 2011-04-20 08:13

    It was home affairs with its increase for ID and Passports as a result of Zimbabweans and now traffic fine increase.

  • Zion - 2011-04-20 08:18

    I would assume the fine is proportional to the misdemeanor not inversely proportional to the shortfalls and deficits in other unrelated areas. So all fines are increased by R40. This means R40 extra when exceeding the limit by say 5km/hr and R40 extra when exceeding the limit by 115km/hr(235km/hr)Tentatively I would say this is just another racket to make even more money out of the already overburdened motorist and an indication of the dire straits the powers-to-be find themselves in.

  • Victor - 2011-04-20 08:23

    Any adult? So the garder service worker cleaning the garden? Why must I be helt resposible if the garden worker take the letter and throw it away? Money of a fine can't pay for a register letter? Must her expencive letters. The increase I can understand, everything is more expencive. But 30KM/h have to go to court? Isn't the court system overfill already? It's cheaper for the police to be stuck in court than writing out fines? Remember, fines should be a penalty system and not a business. It's meant to enfourse the law and not be a profit system.

  • Aarchaic - 2011-04-20 08:24

    Rather erecting more camera's around the cities which only serves 1 purposes catching speeding people, why not create more jobs employ more officers increase their salaries and let them work the streets. no need for registered post and implementation of expensive camera's then and you crack down on unlawful driving of all kinds! not just speeding. Taxi's who stop in the middle of intersection, roadworthy vehicles of any sort. Just my 2c

  • DesertConvert - 2011-04-20 08:26

    "The shortcomings, he believed, lay in its implementation." - the crux of the matter! Rather 10 laws that are properly implemented, than 100 that are not implemented at all.

  • Zooma Lema - 2011-04-20 08:41

    How are they goig to police the roads to bring the real offenders of the traffic laws to pay-up. Hiding behind bushes to fine vehicles that exceed the speed limit with 5 to 10 kilometres per hour is not effective policing of the traffic laws. These are only soft targets and easy money for traffic authorities. Bring the real offenders to the fore. Then taxis that are crossing solid white lines at leasure and stop where ever they want. These are the real dangers of the road. Not to mention all the unroadworthy vehicles passin the patrolers every day without any interference.

  • Victor - 2011-04-20 08:48

    Any adult? So the garder service worker cleaning the garden? Why must I be helt resposible if the garden worker take the letter and throw it away? Money of a fine can't pay for a register letter? Must her expencive letters. The increase I can understand, everything is more expencive. But 30KM/h have to go to court? Isn't the court system overfill already? It's cheaper for the police to be stuck in court than writing out fines? Remember, fines should be a penalty system and not a business. It's meant to enfourse the law and not be a profit system.

  • mynah - 2011-04-20 09:39

    Does this mean the metro police will demand bigger bribes when they stop us?

  • Brian Boshard - 2011-04-20 09:56

    How about getting these fat, lazy, incompetent, illiterate morons to do some work such as basic policing for which they are employed (not necessarily qualified)and maybe half the traffic violations would go away. All they appear to be capable of are intimidating and assulting innocent civilians and sitting in the sun behind a speed camera, eating, sleeping and getting fatter Also agree with Zion

  • Kenneth - 2011-04-20 13:36

    Hello, hopefully someone from AARTO actually reads this - i entered representation on a fine 02-4024-003065301-9 and to date have not received feedback on this. In the representation, I provided proof through my tracking report that I was not on the said road at the said time, people, read your fines, and dates and check if you were there or not. I have tried calling the numbers from directory enquiries / back of fines / web searches and even the JMPD offices in Johannesburg, and the lines are either not answered or out of order. I do notice the fine is still there on pay city (used to be payfine). Idea's on the next step?

  • Lindi - 2011-04-20 13:37

    I agree with c1... what about the taxi's... honestly how many of them have valid drivers licences, let alone road worthy taxi buses... when will they stop? i think i should change my profession so i can also be part of the "winning team"

  • Virginia - 2011-04-20 14:28

    Just another institution to add to the banks, insurers, SARS, medical,petrol and the food what next, and they talk abour being free....

  • ben petzer - 2011-04-20 17:14

    We need Malemas opinion on this, can somebody put it on his list of things to do along with nationalizing of mines,

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