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Questions over new traffic law

21st August 2009

By: Sapa

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More than R100-million in fines and summonses issued under the Administrative Adjudication of Road Traffic Offences Act (Aarto), may be cancelled.

Beeld newspaper reported on Friday that the National Metropolitan Police Chiefs Forum had recommended in a report this week that Minister of Transport Sibusiso Ndebele hold back in implementing Aarto countrywide.

Aarto is said to contain "problems" that could lead to the cancellation of all fines and summonses already issued in accordance with the Act.

According to the report sent by the forum to Ndebele and the Road Traffic Management Corporation - which Beeld has seen - countrywide implementation of Aarto will have "catastrophic" consequences.

This report lists a number of problems with Aarto, including an inefficient handling of payments by the National Traffic Information System (eNaTIS), the unlawful collecting of fine payments and the wrongful distribution of summonses and fines.

Aarto was launched as a pilot project in the Tshwane metro council area in September last year, and in the Johannesburg metro council in February this year.

The aim was to handle the administration of traffic transgressions, to ensure that motorists obeyed the road traffic rules, and ensure that fines were paid.

According to the report, Aarto has managed to collect only 14% of all fines, while the issuing of fines has dropped by between 30% and 50%.

"It is possible that this problem is caused by the restrictions placed on speed law enforcement zones," the report said.

"Owing to a judicial oversight, speed law enforcement can only be done in 60, 100 and 120km/h zones. Law enforcement in 70, 80, 90, and 110km/h zones can't be done legally."

No misdemeanours under Aarto can be prosecuted legally. It is also impossible to issue summonses to transgressors who choose to go to court.

"According to Aarto, drunk drivers can't be legally arrested, unless they made a traffic transgression at the same time," the report said.

eNaTIS could not handle all payments. Therefore data had to be inserted manually under Aarto. This meant that thousands of such insertions are in arrears and incorrectly issued.

The "corrupt" addressing system of eNaTIS means that 60% of all notices of transgressions are returned. This has led to R5-million in losses per month in postal expenses.

"The... post office can't handle the volume of mail... and does not comply with the requirements of Aarto," the report said.

According to the report, the collection of fine payments is "impossible" for local municipalities, since the parties involved transgress various laws which organise municipal financial management.

There is also confusion in the metro police, the police, the courts and the public over Aarto.

"Not one of the metro police services (countrywide) can handle the complicated Aarto project volumes and confusing legislation. National implementation should only happen after next year."

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