News from the ILO

 

A new corporate look for the Institute

New report page

The Executive Committee decided that the Institute's image, which had been used for 40 years, needed to be revamped. Keep an eye open for the new corporate look, which you'll be able to see on our business cards, letterhead and reports.

ILO newsletter

The official newsletter of the ILO is called Permit, and it is designed to be a source of information for all licence officials about any issues that are confronting the profession. If you are a member of the ILO and would like to receive your free copy of the Permit, click here.

Past issues of Permit

Click on the issue that you wish to download.

2011: March 2011

2010: February 2010 - June 2010 - December 2010

2009: July 2009 - August 2009 - September 2009 - November 2009 

Introducing AARTO

One of South Africa’s greatest challenges is to reduce the death toll on our roads. More than 95% of all road accidents are preceded by road traffic violations. Infringers are often not brought to justice as either the legal system cannot cope with the vast number of offences, or bribes are paid. The infringers who know this continue to commit violations as they believe they are above the law. Nationally, less than 20% of traffic cases are finalised.

To remedy this, efficient and effective law enforcement, together with an equally effective and just administrative adjudication process, is required. The solution is the implementation of the Administrative Adjudication of Road Traffic Offences (AARTO) Act 46 of 1998.

The objectives of the Act are to:

  1. Encourage compliance with national and provincial laws and municipal by-laws relating to road traffic and to promote road traffic safety
  2. Encourage the payment of penalties imposed for infringements and allow alleged minor infringers to make representations
  3. Establish a procedure for the effective and speedy adjudication of infringements
  4. Alleviate the burden on the courts by dealing with infringements outside of the judicial process
  5. Penalise drivers and operators who are guilty of infringements or offences by holding demerit points against them
  6. Reward improved driver behaviour by reducing demerit points when no violations are committed in given time periods
  7. Establish an agency to support law enforcement and undertake the administrative adjudication process
  8. Establish a board to govern the activities of the agency

The general provisions of AARTO are that:

  1. The fees are uniform throughout SA
  2. Discounts will be given if fines are paid within 32 days
  3. No discounts will be given to infringers due to lack of funds
  4. Administrative fees are charged
  5. Representations can be made
  6. Infringers/offenders can elect to appear in court
  7. Prosecutors are not involved in the case of infringements or empowered to reduce fines
  8. Payment is easier

An infringement notice is the first document that an infringer receives, and it gives the infringer 32 days to react. The notice is either served or sent by registered mail.

A representation is an affidavit or affirmation made to the Agency. An infringer has 32 days to submit the representation and the Agency must reply in 14 days.

A courtesy letter is issued by the Agency where no action has been taken by the infringer within 32 days after receiving the infringement notice. The infringer now has another 32 days to react by exercising one of the available options.

An enforcement order is issued by the Agency following no response to a courtesy letter and is valid for another 32 days. The infringer must pay the fine in full and the administrative fees. Should the infringer not respond, he/she will be assumed to be guilty and demerit points will be allocated to his/her contravention record. No driving licence, PrDP or licence disc may be issued if an enforcement order has been issued.

Following no response to an enforcement order, warrants of execution are authorised by the Registrar of the Road Traffic Infringement Agency and empower a sheriff to seize the infringer’s driving licence and/or PrDP, operator card and movable property. The sheriff may also deface licence disks and immobilise vehicles.

Infringers may elect to go to court, following an infringement notice, courtesy letter or if so allowed by a Representations Officer.

The Act created a National Contraventions Register (NCR) to manage the total AARTO process and to monitor the number of demerit points. The NCR will be available countrywide through the National Traffic Information System (NaTIS).

Demerit points have been introduced to penalise habitual offenders. Every person will have 0 points when the system becomes operational and the maximum permissible number of points is 12. Every point exceeding 12 results in a three-month suspension of the licence, and one point is reduced every three months.

It is though that AARTO will address many issues that are currently a problem and that hamper law enforcement. For AARTO to be viable, corruption must be addressed, and offending officers and members of the public must be prosecuted successfully.