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The South African Automobile Association (AA) has taken a firm stance against the draft regulations for the Traffic Crimes Administrative Sentencing Act (Aarto), which aims to introduce significant changes to the country’s driving laws.
Scheduled to be introduced in July 2021, the Aarto will make a number of substantial changes to the country’s traffic rules, including the introduction of a new demerit system.
However, the AA said the proposed changes mock the claim that the law is aimed at improving road safety in South Africa and rather aim at creating a mechanism to improve revenue collection.
Of particular concern to the AA is the R100 violation penalty rate (IPL) that is charged in addition to the fine amount on each violation notice issued.
The AA said that this levy will extract R1 billion for every 10 million violation notifications issued, for functions that are already being performed by the Traffic Infractions Agency (RTIA).
“This is a disproportionate, broad and unfair draft regulation and it is similar to someone paying a fee to file their tax returns; Ultimately, it is an unfair surcharge for a function that is already paid for through traffic ticket revenue, ”AA said.
The AA said that the part of the Aarto Amendment Act of 2019 that made this possible was enacted without explanation of its intent, which the draft regulations have now made clear.
He said there is still confusion as to whether this amount will be refunded if a successful representation is made to cancel the fine in full.
“The quiet implementation of a stealth tax of billions of rand is a scandalous addition to the regulations.
“We urge the Department of Transportation to eliminate it, it is neither fair nor necessary and, in our opinion, it is an example of the Traffic Infractions Agency, which Aarto administers, invading the fiscal territory of the National Treasury,” said the association. .
Other issues
Other topics that AA believes infringes on citizens’ rights include:
- Removing the requirement to have detailed information to appear in infringement notices;
- The return to the use of ordinary mail to send some infringement notices;
- The proposal that authorities have 60 days instead of 40 days to send infringement notifications after an alleged infraction has occurred.
“The original Aarto architects took note of the problems with the postal delivery of traffic tickets and found that certified mail achieves a reliable service of these notices.
“The return to the post is regressive and inexplicable, and these changes combine to create the impression that the draft of the current regulations has not been thought through enough care and is designed to actively obstruct the rights of citizens and their rights” AA said.
He said the regulations will make it as difficult as possible to understand and enforce the law, encouraging citizens to simply pay to resolve the matter quickly, even if they have legitimate disputes.
“All of this supports our understanding that these regulations are geared towards generating revenue and not really seeking to improve conditions on our roads.”
The AA said the traffic law should deter motorists from failing to comply and punish violators fairly and transparently. But, he said, the draft regulation does not achieve that goal.
“It is worrying, for example, that the penalty for not having a baby in an appropriate child restraint only carries an infringement value of one demerit point and a fine of R1500, while not informing the authorities of a change in Personal data results in a massive R3,000 fine, up from the current R500.
“This is completely incompatible with the purpose of AARTO and is a tribute to the idea that the authorities are committed to halving traffic fatalities in the country by 2030.”
Another example is vehicles where the seat belt does not work: the owner incurs a point of demerit and a fine of R500, while failure to stop with the front of the vehicle immediately behind a stop line carries a three-point penalty demerit and a R2,000 good.
“Seat belts can reduce death or serious injury in crashes by up to 75%. To be sure, if safety is key for Aarto, seat belts that work take a higher priority than looking for the nits on where a motorist stopped.
“Again, this provision does not make sense in the context of Aarto’s stated intentions and what is ultimately contained in the draft regulations,” the AA said.
The AA said that while there are provisions in the draft regulations that are robust, such as those related to driving in emergency lanes and misuse of licenses, much of them require review and rework.
Read: The government has answered 6 important questions about South Africa’s new driving rules, including fines and demerits
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