RTIA - Justice in Adjudication Road Traffic Infringement Agency (RTIA) AARTO – Facts and Fallacies...

RTIA - Justice in Adjudication

Road Traffic Infringement Agency(RTIA)

AARTO – Facts and FallaciesRoad Freight Association Convention 2012

Zimbali Coastal Resort, North Coast,

22 May 2012

By Japh Chuwe

Registrar


Contents

• RTIA and its mandate• Analysis of Road Safety Environment in RSA• Strategic Priorities• AARTO Process and Points Demerit System• Outcomes of an Effective AARTO Process• Benefits of AARTO for RSA• Effects of AARTO on RFA• RTIA/RFA Partnership Possibilities• AARTO National Rollout• Conclusion


RTIA and its Mandate

• Established by section 3 of the Administrative Adjudication of Road Traffic Offences Act, 1998

• Main objects are to:(a) encourage compliance with the national and provincial laws and municipal by-laws relating to road traffic and to promote road traffic safety;(b) encourage the payment of penalties imposed for infringements and to allow alleged minor infringers to make representations;(c) establish a procedure for the effective and expeditious adjudication of infringements;(d) alleviate the burden on the courts of trying offenders for infringements;


RTIA and its Mandate

(e) to penalise drivers and operators who are guilty of infringements or offences through the imposition of demerit points leading to the suspension and cancellation of driving licences, professional driving permits or operator cards;(f) to reward law-abiding behaviour by reducing demerit points where they have been incurred if infringements or offences are not committed over specified periods;(g) to establish an agency to support the law enforcement and

judicial authorities and to undertake the administrative adjudication process; and(h) to strengthen co-operation between the prosecuting and

law enforcement authorities by establishing a board to govern the agency.


Analysis of Road Safety Environment in RSA

• Country population - 50m • Vehicle population – 9.8 m• Driving licences – 7.5 m• Vehicle crashes – around 1 m p/a• Fatal crashes – 14 000 p/a• Majority of victims – economically active • Cost to national fiscus - > R 40 b p/a• Socio-economic costs to country - >R200 b p/a



• Current management of traffic offences under Criminal Procedure Act, 1977

• Disparate systems• Different penal codes implemented at various

jurisdictions• Non-prioritisation of traffic offences• Delay in finalisation of offences



• South Africa fervently implementing initiatives to focus on five pillars of road safety, which underpin World report road traffic safety injury prevention

• Developed and implemented a 3 year National Rolling Enforcement Plan (NREP) from October 2010

• NREP an effort to improve visible law enforcement and to check 1 million vehicles/drivers monthly in 1000 roadside activities everyday


Strategic priorities

• UN Decade of Action for Road Safety• Department’s strategic outcomes

- A safe and secure transport sector • Rehabilitation of infringers on 3 phase strategy

- 2014 reduction of contraventions- 2020 transformed community- beyond 2020 compliance

• Development of effective legislative governance framework• Development of efficient adjudication processes


The AARTO Process and Points Demerit System


The AARTO Process


AARTO Facts or Fallacies

• AARTO replaces the National Road Traffic Act of 1996,

• All AARTO 3 infringement notices must be served via registered mail

• Points Demerit System in force?• AARTO 3 infringement notices served by JMPD

since April 2011 are unlawful?• Traffic penalties under AARTO no longer involve

summonses and warrants of arrest


AARTO Facts or Fallacies

• With respect to AARTO fines – a summons or warrant of arrest with respect to an infringement notice may never be issued under any circumstance

• You have 32 days from receipt of an AARTO infringement notice to take the 50% discount

• You can not be arrested or detained at a roadblock for an AARTO fine

• Execution of Warrants of Execution can only be exercised by the Sheriff and not by the police or traffic officers

• Every driver starts with 0 points on their licence and points are accumulated to a maximum of 12 points


Benefits of AARTO for RSA

• Achievement of strategic goals (UNDoARS)• Reduced crashes, unnecessary deaths and injuries• Easy identification & punishment of habitual infringers• Improved overall country productivity due to fewer disruptions of traffic

flow • Major savings on socio-economic costs (welfare, disability, orphanages) • Fewer persons in correctional facilities implying a reduced workload for

correctional services and related cost savings• Saving on car, disability and life insurance costs as well as medical fund

costs• Protection of human capital and skills• Effective management and asset protection• Achievement of corporate social responsibility goals


Effects of AARTO on RFA

• Members must be fully appraised of AARTO• RFA has responsibility to check status of drivers in the NCR• Make full use of AARTO for benefit of RFA business• Can manage habitual infringers through AARTO process• RFA can compile list of professional drivers without

infringements • Members can conduct risk analysis from NCR records for

their drivers• Once implemented demerit points will have adverse

effect on habitual offenders


RTIA/RAF Partnership Possibilities

• Incorporate aspects of AARTO Act in RFA training manual• Collaboration on specialist provincial & Local projects• Long-term partnership possibilities on education

campaigns • Co-branding on materials and multi-faceted programmes• Leverage on integrity of the agency and create link for

RTIA website on RFA page• Value of partnerships during national AARTO rollout


AARTO National Rollout

• RTIA envisage rollout in 2013/14 • Minister of Transport to make pronouncement of

rollout• AARTO Summit stakeholder consultation process

to be undertaken• Leverage on integrity of the agency


Conclusion

Thank you!

RTIA - Justice in Adjudication Road Traffic Infringement Agency (RTIA) AARTO – Facts and Fallacies...

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