Arrive Alive

Administrative Adjudication of Road Traffic Offences

GENERAL NOTICE
NOTICE OF 2007

DEPARTMENT OF TRANSPORT

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES ACT, 1998 (Act No. 46 of 1998) AS AMENDED

DRAFT ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES REGULATIONS, 2007

The Minister of Transport hereby publish for comments the regulations contained in the Schedule, in terms section 34 of the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998).

Interested parties are invited to submit written comments on the draft regulations to reach Ms Siya Wotshela at Private Bag X147, Pretoria, 0001, or at SiyaW@rtmc.co.za within 30 days from the date of publication of this notice.


Jeffrey Thamsanqa Radebe
Minister of Transport


Schedule

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES ACT, 1998
(ACT NO. 46 OF 1998), as amended

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES
REGULATIONS, 2007

The Minister of Transport has, under section 34 of the Administrative Adjudication of Road Traffic Offences Act, 1998, made the regulations in the Schedule.

Schedule



Arrangement of regulations


CHAPTER 1 

Interpretation of regulations

Regulations


1. Definitions
 
CHAPTER 2

 Administrative functions

2. Execution of administrative functions the Agency by the Corporation
 
CHAPTER 3

 Adjudication procedure

3. Infringement notice
4. Representations
5. Notification of result of representations
6. Courtesy letter
7. Enforcement order
8. Warrant
9. Trial
 
CHAPTER 4

 Penalties, discount and fees

10. Penalties
11. Discount
12. Fees
 
CHAPTER 5

Manner of payment

13. Payment to issuing authority
14. Payment to agency
15. Manner of payment to registering authority or driving licence testing
centre where enforcement order has been served
16. Dishonoured payment
17. Period of grace
 
CHAPTER 6

Record keeping

18. Information to be recorded
19. National contraventions register
 
CHAPTER 7

Service of process

20. Personal service
21. Service by registered mail
 
CHAPTER 8

General

22. Nominating driver
23. Manner of application, notification or submission
24. Demerit points
25. Access to information
26. Short title and commencement


Schedules
Arrangement of Schedules
 
Schedule
 
1. General forms
2. Monetary value of unit, discount and fees
3. Categorisation of offences
4. Operator demerit points
5. Information contemplated in Regulation 2(4)        
 
 



   
CHAPTER 1 

Interpretation of regulations

   
Definitions

1. In these regulations, any word or expression which has been defined in the Act has that meaning and any word or expression defined in the National Road Traffic Act, 1996 or the Road Traffic Regulations, 2000 has that meaning, and unless the context indicates otherwise –

(a) “bank cheque” means a cheque that has been certified by the bank to contain the funds reflected thereon and displays a stamp from such bank;

(b) “Corporation” means the Road Traffic Management Corporation  established in terms of section 3 of the Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999);

(c) “National Road Traffic Act” means the National Road Traffic Act 1996 (Act No  93 of 1996) as amended from time to time;

(c) “Road Traffic Regulations” means the Road Traffic Regulations, 2000 made under section 75 of the National Road Traffic Act, 1996 as amended from time to time; and

(d) “the Act” means the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998).


   
CHAPTER 2

 Administrative functions

   
Execution of administrative functions of the Agency by the Corporation

2.  The administrative functions of the Agency that arises as a result of infringement notices to be issued, representation to be made by the infringers and allocated to the representation officers, courtesy letters, enforcement orders, warrants, service of notices and other administrative functions concerning the recording of information, reception and dispatch of mail, as approved by the Registrar, shall be executed by the Corporation on behalf of the Agency: Provided that the Corporation shall not provide any service to the Agency that entails that it shall execute any discretion or decision on behalf of the Agency.


   
CHAPTER 3

 Adjudication procedure

   
Infringement notice

3. (1) An infringement notice contemplated in section 17(1) of the Act shall be issued and served to the infringer -

 (a) in person, on a form similar to forms AARTO 01 and AARTO 02 as shown in Schedule 1; and

(b) by registered mail, on a form similar to forms AARTO 03 and AARTO 04 as shown in Schedule 1, within 40 days of the commission of the infringement.  

(2) Subject to the provisions of section 17(1)(b) of the Act, the infringement notice shall contain the following additional information   - 

(a) the provision of the National Road Traffic Act and the Road Traffic Regulations, which the infringer is alleged to have contravened;

(b) the facts of the infringement;

(c) the details  of the infringer, including his or her -

(i) surname;

(ii) full name, and if such infringer has more than one name, at least the first two full names and the initials of any further names;

(iii) nationality;

(Iv) identification type;

(v) country of issue;

(vi) identification number;

(vii) driving licence code and if applicable, the class of professional driving permit held by the infringer, and if such licence is a foreign licence, the country of issue of such licence; and

(viii) operator name, if applicable;

(d) the addresses of the infringer, including the -

(i)  postal address and code;

(ii) street address and code;

(iii) business address and name;  and

(iv) e-mail address;

(e) the telephone and fax numbers of the infringer, including the -

(i) home telephone number;

(ii) business telephone number;

(iii) fax number; and 

(Iv) cellular telephone number;

(f) the details of the vehicle with which the infringer has committed the infringement, including the – 

(i) motor vehicle licence number;

(ii) motor vehicle licence disc number;

(iii) type of vehicle;

(iv) make of vehicle;

(v) model of vehicle; and

(vi) colour of vehicle;

(g) the place where the infringement was committed, including the -

(i) name of the province;

(ii) name of the municipality, city or town or court district where applicable;

(iii) name of the suburb, where applicable;

(iv) public road where the infringement was committed;

(v) street name or number of the road, where applicable; and

(vi) names of the nearest city or town on both sides of the location in rural areas;

(h) the date and time of the infringement;

(i) the classification of the infringement as contemplated in section 29(a) of the Act;

(j) the penalty amount of the infringement;

(k) the applicable discount amount and the discounted amount;

(l) the demerit points for the infringement; and

(m) with regard to the officer who issued the notice, his or her -

(i) surname and initials;

(ii) Infrastructure number; and

(iii) the name of the issuing authority at which he or she is employed.

Representations

4. (1) Subject to regulation 2, the representations contemplated in section 18 or 19(2)(b)(i) of the Act, must be submitted to the agency on a form similar to form AARTO 10 as shown in Schedule 1, in the manner contemplated in regulation 23(1)(a) and the infringer must keep a copy of such representation.

(2) Subject to regulation 2, the agency must within seven days from the date of receipt of representations, acknowledge the receipt of such representations on a form similar to form AARTO 11 as shown in Schedule 1, in the manner contemplated in regulation 23(4).

(3) If the infringer has not received any acknowledgement contemplated in subregulation (2), from the agency within 21 days of the date on which the infringer submitted representations, the infringer must –

(a) enquire from the nearest post office in his or her residential area whether an acknowledgement contemplated in subregulation (2) has been received; and

(b) notify the agency on a form similar to form AARTO 10 as shown in Schedule 1, in the manner contemplated in regulation 23(1)(a), if the said acknowledgement has not been received as contemplated in paragraph (a

(4) The manner in which the representations officer must inform the issuing authority concerned that a representation indicating reasonable grounds why the infringer should not be held liable have been received, as contemplated in section 18(4)(a) of the Act, is by a notification made in terms of regulation 23(2).

(5) The issuing authority shall reply to the representation received in terms of regulation 4(4) within 14 days of receipt of such representation from the Agency.

(6) Subject to regulation 2 , the manner in which the issuing authority must give notice to the agency in terms of section 17(2) of the Act, that an infringer has failed to comply with an infringement notice within the period contemplated in section 17(1) of the Act, is to submit an electronic data file on which the information known in respect of the infringer and the infringement appears, to the agency in accordance with regulation 23(1), within such period, not exceeding 32 days, as may be agreed upon between the issuing authority and the agency.

(7)  The information that must be provided on the electronic file, as contemplated in subregulation (6), is set out in Schedule 5.


Notification of result of representations

5.  Subject to regulation 2, the manner in which the agency must inform an infringer of the decision of the representation officer in respect of his or her representations, is by providing the infringer with a properly completed form similar to forms AARTO 12, AARTO 13 or AARTO 14, as applicable, as shown in Schedule 1 in accordance with regulation 23(3).
   
Courtesy letter

6.  Subject to regulation 2, the agency shall issue a courtesy letter in terms of section 19(1) of the Act, on a form similar to form AARTO 17 as shown in Schedule 1 and within such period, not exceeding 32 days, as may be agreed upon between the authority and the agency, after receipt of the notice contemplated in subregulation 4(6).

   
Enforcement order

7. (1) The Registrar shall issue an enforcement order as contemplated in section 20(1) of the Act on a form similar to form AARTO 18 as shown in Schedule 1.

 (2) Subject to regulation 2. the manner in which the agency must notify the infringer, as contemplated in section 20(1)(c) of the Act, that demerit points have been recorded on the national contraventions register, is by means of a properly completed form similar to form AARTO 32 as shown in Schedule 1. 

 (3) The manner in which an infringer may provide proof that he or she has paid the penalty and fees specified in the enforcement order as contemplated in section 20(6) of the Act, is by providing to a registering authority or driving licence testing centre -

(a) the original receipt of payment, if payment was directly made to an  issuing authority, a registering authority, driving licence testing centre or agent as contemplated in regulation 13;  

(b) the deposit slip and certified copy of the bank cheque, if payment was made by bank cheque; or

(c) a certified copy of the infringer’s bank statement, if payment was made by debit order, cheque or electronic transfer.

(4) Subject to regulation 2, a registering authority or driving licence testing centre must, within such period, not exceeding 32 days after the date on which payment was received, notify the agency in terms of section 20(8) of the Act that it has received payment contemplated in section 20(7) of the Act, by providing the agency with an electronic data file on which particulars of the said payment appears.

(5) The manner in which an infringer may apply to the agency for the revocation of the enforcement order as contemplated in section 20(9)(a) of the Act, is by submitting a properly completed form similar to form AARTO 19 as shown in Schedule 1 to the agency in accordance with regulation 23(1)(a).

(6) The agency must, within 21 days from the date of receipt of an application contemplated in subregulation (5), notify the infringer of the result of the application on a form similar to forms AARTO 21, AARTO 22, AARTO 24, AARTO 25, AARTO 26 or AARTO 27, as the case may be, as shown in Schedule 1.

(7) The manner in which an issuing authority may apply to the agency for the revocation of the enforcement order as contemplated in section 20(9)(b) of the Act, is to submit to the agency in accordance with regulation 23(1)an electronic data file on which the reference number of the infringement notice, the particulars of the infringer and the reason for the application appear,.

(8) The agency must notify the issuing authority contemplated in subregulation (7) of the result of its application, by submitting such result on an electronic data file to the said issuing authority, within 21 days from the date of receipt of an application contemplated in subregulation (7).

   
Warrant

8. (1) The Registrar shall, after a period of 14 days has elapsed, which period shall be calculated from the first day after the expiry of a period referred to in section 20(3)(a) of the Act, issue a warrant contemplated in section 21(1) of the Act  on a form similar to form AARTO 35 as shown in Schedule 1;
   
 (2)  The warrant issued in terms of subregulation (1) above shall - 

(i) be valid until it is executed by the sheriff as contemplated in section 21(4) of the Act, or is cancelled by the registrar;

(ii) be executed after 07h00 and before 21h00, unless otherwise authorised by the registrar; and

(iii) only be executed against movable property of the infringer in accordance with the terms of the warrant.

 (3) Subject to subregulation (2), the sheriff must execute a warrant contemplated in -

(a) section 21(1)(a) of the Act, in accordance with the Rules of Court made under the Magistrates Courts Act, 1944 (Act No. 32 of 1944), in so far as they apply to the execution against movable property, and subject to paragraph (b); and

(b) section 21(1)(b), (c), (d) or (e) of the Act, subject to the said Rules of Court, -

(i) in the case of a warrant contemplated in section 21(1)(b), by seizing the driving licence or professional driving permit of the infringer that is mentioned in the warrant, and submitting it to the agency together with the return of service;

(ii) in the case of a warrant contemplated in section 21(1)(c), by -

(aa) removing and defacing the licence disc of the motor vehicle that is mentioned in the warrant and of which the infringer is the owner; and

(bb) submitting the disc to the agency together with the return of service;

(iii) in the case of a warrant contemplated in section 21(1)(d), by -

(aa) seizing or defacing the operator card of the motor vehicle that is mentioned in the warrant and of which the infringer is the registered operator; and

(bb) submitting the disc to the agency together with the return of service; and

(iv) in the case of a warrant contemplated in section 21(1)(e), by immobilizing the motor vehicle that is mentioned in the warrant and of which the infringer is the owner or registered operator, in the manner set out in the warrant.

(4) If the infringer presents a bank cheque for payment of the penalty and fees due or part thereof, the sheriff –

(a) shall not accept post dated bank cheques;

(b) shall make an inventory as contemplated in Rule 41(1) of the Magistrates’ Court Act, 1944; and

(c) shall only cancel the said inventory once the bank cheque is honoured.

   
Trial and prosecutor’s duties

9. (1) The manner in which an infringer may elect to be tried in court -

(a) as contemplated in section 17(1)(f)(iv) of the Act, is by properly completing a form similar to form AARTO15 as shown in Schedule 1, and submitting the said form to the relevant issuing authority in accordance with regulation 23(2)(a) or (b); or

(b) as contemplated in section 18(7)(c) or 19(2)(b)(iii) in of the Act, is by properly completing a form similar to form AARTO 17 or after the  notification of the result of the representations a form similar to form AARTO 13, as the case may be, as shown in Schedule 1, and submitting the said form to the agency in accordance with regulation 23(1)(a), subject to regulation 2.

 (2) An election form submitted by an infringer as contemplated in subregulation (1), must -

(a) be signed by the infringer; and
(b) reflect the street address where the infringer will accept service of process, notices or documents, as well as confirmation of the infringer’s postal address.

 (3) A prosecutor who declines to prosecute a matter –

(a) that has been referred to court by means of a summons issued in terms of section 54 of the Criminal Procedure Act, 1977; or

(b) that is classified in terms of Schedule 3 as an offence,

must notify both the agency and the issuing authority in terms of section 22(2)(a) of the Act, by providing the agency and the issuing authority in accordance with regulation 23(1) and (2) respectively, with a properly completed form similar to form AARTO 16 as shown in Schedule 1.

   
   
CHAPTER 4

Penalties, discount and fees

   
Penalties

10. (1) The penalty contemplated in section 29(b) of the Act, which is payable in respect of an infringement mentioned in columns 3 and 4 of Schedule 3 is calculated in accordance with the penalty units set out against it in column 6 of Schedule 3, where each unit has a monetary value as described in paragraph (a) of Schedule 2.

 (2) The penalty amount payable in respect of an infringement mentioned in columns 3 and 4 of Schedule 3, calculated in accordance with subsection (1), is set out against it in column 8 of that Schedule.

 (3) Except for an operator, no demerit points will be allocated to an infringer who is a juristic person, but the penalty will be calculated on the basis of three times the units indicated in column 6 of Schedule 3 against the infringement concerned mentioned in columns 3 and 4 of that Schedule.

   
Discount

11. (1) (a) Subject to paragraph (b), the discount contemplated in section 17(1)(d) of the Act is set out in paragraph (b) of Schedule 2.

(b)   An infringer who holds a foreign driving licence or an international driving permit shall not be entitled to any discount as set out in Schedule 2 and shall be liable to pay the full amount as reflected in Schedule 3.

 (2) The discount amount deductible in respect of an infringement mentioned in columns 3 and 4 of Schedule 3, calculated in accordance with subsection (1), is set out against it in column 9 of that Schedule.

 (3) Subject to paragraph (1)(b), the discounted amount payable in respect of an infringement within the 32 days after the infringement notice was received is set out in column 10 of Schedule 3
 
Fees

12. (1) The fees which may be charged for any document, order or action required to be issued, made or performed as contemplated in section 34 (d) of the Act, are set out in paragraph (c) of Schedule 2.

 (2) The infringer is not liable for the fee which may be charged for -

  (a) a courtesy letter, if the infringer provides proof that he or she did comply with one of the options contemplated in section 17(1)(f) of the Act, on or before the 32 days period expires; or

  (b) an enforcement order, if the infringer provides proof that he or she has paid the penalty on or before the date on which the enforcement order was issued. 

   
   
CHAPTER 5

Manner of payment

   
Payment to the issuing authority

13. (1) The manner in which any payment of a penalty must be made by an infringer to an issuing authority as contemplated in section 17, read with section 34(e), of the Act, is by paying the full amount due -

(a) in cash or with a bank cheque, in person at the address indicated on the infringement notice, on a form similar to forms AARTO 01, AARTO 02, AARTO 03 or AARTO 04, as the case may be, as shown in Schedule 1;

(b) by sending a bank cheque or a postal order through the mail to the postal address indicated on the infringement notice as referred to in paragraph (a);

(c)at any agent as contemplated in regulation 14(1)(c); or

(d) by means of an electronic transfer to the bank account indicated on the infringement notice as referred to in paragraph (a) and the infringer shall be responsible to ensure the correct reference number, as indicated on the infringement notice, is used for the electronic payment.

(2) Post dated bank cheques shall not be acceptable.

(3) Any payment to the issuing authority contemplated in subregulation (1)(a) and (b) –

(a) must be accompanied by the infringement notice, on a form similar to forms AARTO 01, AARTO 02, AARTO 03 or AARTO 04, as the case may be, as shown in Schedule 1, or a copy thereof ; and

(b) is regarded as an admission of guilt by the infringer and shall results in the demerit points prescribed in Schedule 3, being incurred by the infringer.

 (4) If payment is made  -

(a) in person as contemplated in subregulation (1)(a), the issuing authority concerned must issue a receipt to the infringer and provide the infringer with a printout contemplated in section 17(3)(d) of the Act, on a form similar to form AARTO 32 as shown in Schedule 1, within 32 days of receipt of payment;

(b) by mail or by electronic transfer as contemplated in subregulation (1)(b) or (d), respectively, the agency must provide the infringer with a printout contemplated in section 17(3)(d) of the Act, on a form similar to form AARTO 32 as shown in Schedule 1, within 32  days of receipt of payment and subject to regulation 2 ; or

(c) to an agent as contemplated in regulation 14(1)(c), the agent must issue a receipt directly to the infringer, whereafter the agency must provide the infringer with a printout contemplated in section 17(3)(d) of the Act, on a form similar to form AARTO 32 as shown in Schedule 1, within 32 days of receipt of payment, and subject to regulation 2 .


(5) If the payment of an infringer is recorded by the issuing authority after a period of 32 days from the date on which the infringement notice was served on the infringer -

(a) but before the electronic data file contemplated in regulation 5(1), has been submitted to the agency, the issuing authority must keep the payment and notify the agency accordingly; or  

(b) after the electronic data file contemplated in regulation 5(1) has been submitted to the agency, the issuing authority must –

(i) pay the penalty into the agency’s account; and

(ii) notify the agency of such payment, and that a courtesy letter must not be issued for such infringer.

   
Payment to the agency

14. (1) Subject to regulation 2, the manner in which an infringer must make any payment of a penalty and fee or fees to the agency, is by -

(a) paying the full amount in the manner contemplated in subregulation (3);

(b) paying the amount due in approved installments in the manner contemplated in sub-regulation (7), in which case the infringer is not entitled to the discount referred to in regulation 11;

(c) at any agent approved by the Registrar by notice in the Government Gazette; or

(d) means of an electronic transfer to the bank account indicated on the courtesy letter  or enforcement order.

 (2) Any payment of the penalty and fees to the agency, which payment includes a partial payment, dishonoured payment and an application to pay in installments, is regarded as an admission of guilt by the infringer.

 (3) The manner in which a payment contemplated in subregulation (1)(a) must be made by an infringer to the agency as contemplated in sections 18(1)(f)(iii), 19(7)(b), 20(2)(b) and 21(3)(a), read with section 34(e), of the Act, is by -

(a) signing a debit order and submit it by registered mail to the agency for the amount of the penalty and fee or fees, which amount must be debited against the infringer’s bank account and credited in favour of the agency’s bank account; or

(b) depositing the amount due by -

(i) signing a stop order at a bank where the infringer is the holder of an account, which amount must be debited against the infringer’s bank account and credited in favour of the agency’s bank account; or

(ii) means of a cash or bank cheque deposit directly into the agency’s bank account, particulars of which are obtainable from forms AARTO 05, AARTO 07, AARTO 12, AARTO 16, AARTO 17, AARTO 18, AARTO 29 or AARTO 30 as shown in Schedule 1.

(4) If a payment to the agency is made in the manner contemplated in subregulations (3) or (9), the infringer must ensure that the infringement notice number appears on the deposit slip, debit order or stop order instruction of any payment completed at a bank contemplated in the said subregulations.

(5) If the infringer provides an incorrect number on the deposit slip, debit order or stop order instruction as contemplated in subregulation (4), and such incorrect number results in the issuing of an enforcement order or warrant, whichever is applicable, by the agency, the infringer shall be liable to pay any extra administrative cost.

(6) If payment of the penalty contemplated in subregulation (1), was received before an enforcement order was issued, the agency must, subject to regulation 2, notify the infringer on a form similar to form AARTO 32 as shown in Schedule 1, that the demerit points have been recorded against his or her name in the national contraventions register in respect of the infringement in question.

(7) Subject to regulation 2, the manner in which an infringer may pay a penalty in installments as contemplated in section 17(1)(f)(iii) of the Act, read with section 34(e) of the Act, is by applying to the agency, on a form similar to form AARTO 06 as shown in Schedule 1, to pay the penalty and fees in instalments.

(8) The agency, in the case of an application to pay a penalty in installments,-

(a) may in the event that a penalty -

(i) equals or is smaller than the value of 15 units, grant an application to pay the penalty and fees in not more than six equal monthly instalments; or

(ii) is greater than the value of 15 units, grant an application to pay  the penalty and fees in not more than 12 equal monthly instalments; and

(b) must notify the infringer in the manner contemplated in regulation 23(3) of -

(i) the result of his or her application to pay the penalty in installments, on a form similar to form AARTO 07 as shown in Schedule 1; and

(ii) the fact that the demerit points will be recorded against his or her name in the national contraventions register in respect of the infringement in question on a form similar to form AARTO 32 as shown in Schedule 1 on receipt of the first of such installments.

(9) A payment in installments must be made before or on the first day of each month until full settlement thereof has been made, by -

(a) signing a debit order and submit it by registered mail to the agency for the amount of the penalty and fee or fees, which amount must be debited against the infringer’s bank account and credited in favour of the agency’s bank account; or

(b) depositing the amount due by -

(i) signing a stop order at a bank where the infringer is the holder of an account, which amount must be debited against the infringer’s bank account and credited in favour of the agency’s bank account; or

(ii) means of a cash or bank cheque deposit directly into the agency’s bank account,
   particulars of which are obtainable from the infringement notice, form AARTO 01, AARTO 02, AARTO 03, AARTO 04 or AARTO 07 as shown in Schedule 1.

(10) If the infringer fails to pay or partially pays an instalment as contemplated in subregulation (9) in terms of section 19B(2)(a) of the Act -

(a) the agency must notify him or her on a form similar to a form AARTO 29 as shown in Schedule 1, that -

(i) such instalment must be paid within seven days of receipt of the said notification; or

(ii) that arrangements must be made within seven days for the payment thereof; and failure to comply with the said notification or failure to pay any other installments will result in a warrant being issued against him or her by the agency; and

(b) such notification is regarded to be equivalent to an enforcement order, issued under section 20 of the Act; and

(11) If a payment contemplated in subregulation (1) is received from an infringer after a period of 32 days from the date on which a form similar to forms AARTO 07, AARTO 12, AARTO 16, AARTO 17, AARTO 18 or AARTO 29, as applicable, was served on the infringer, the agency -

(a) may accept the money as payment of the penalty, if the agency is satisfied that such failure was due to circumstances beyond the control of the infringer; or

(b) must, if the money tendered is insufficient for a full settlement of the penalty and fees -

(i) accept the payment as partial payment of the penalty and fees;

(ii) record the infringement and demerit points on the national contraventions register;

(iii) notify the infringer on a form similar to form AARTO 30 shown in Schedule 1, within a period of 32 days after receipt of such partial payment or within such period as the registrar may decide, and in the manner contemplated in regulation 23(3), that -

(aa) a courtesy letter, notification of the result of representation, notification of dishonoured payment or enforcement order, whichever is applicable, has in the meantime been issued and that the infringer is liable for the balance of the amount due and the fee for issuing a form similar to form AARTO 12, AARTO 16, AARTO 17 or AARTO 18 or similar forms, whichever is applicable;

(bb) no discount will be allowed;  

(cc) failure to pay the full amount due, will result in a warrant, on a form similar to form AARTO 35 as shown in Schedule 1, being served on him or her; and 

(dd) such notification is regarded to be equivalent to an enforcement order, issued under section 20 of the Act.

 (12) 

(a)In the case where an infringer is of the opinion that he or she has paid more than the prescribed penalties or fees, he or she may apply for the  refund of such penalties or fees on a form similar to form AARTO 36.

(b) The agency shall acknowledge receipt of the application referred to in  paragraph (a) on a form similar to form AARTO 37.

(c) The agency shall consider the application and shall refund the penalties and fees or refuse the repayment, as the case may be, and shall notify the applicant on a form similar to form AARTO 38 or 39, as applicable.

Manner of payment to registering authority or driving licence testing centre where enforcement order has been served

15. (1) The manner in which any payment of a penalty and fees must be made by an infringer to any registering authority or driving licence testing centre in terms of section 20(7) of the Act, read with section 34(e) of the Act, is by paying the cash amount or by paying with a bank cheque, in person at such registering authority or driving licence testing centre.

  
 (2) A payment to a registering authority or driving licence testing centre as contemplated in subregulation (1) -

(a) must be accompanied by the -

(i) licence renewal notice, form MVL (2), as shown in the Road Traffic Regulations;

(ii) notification of dishonoured payment, form AARTO 31 or similar as shown in Schedule 1;

(iii) notification of dishonoured instalment, form AARTO 29 or similar as shown in Schedule 1;

(vi) notification of partial payment, form AARTO 30 or similar as shown in Schedule 1; or

(v) enforcement order, form AARTO 18 or similar as shown in Schedule 1,

(b) is regarded as an admission of guilt by the infringer.

 (3) The registering authority or driving licence testing centre that has received payment in terms of subregulation (1) and (2) shall issue a receipt directly to the infringer and notify the agency electronically.

 (4) If any payment of a penalty or fees contemplated in subregulation (1) is dishonoured, the registering authority or driving licence testing centre concerned must notify the agency in the manner contemplated in regulation 22(1), and the matter must be dealt with in the manner contemplated in regulation 15(2).

Dishonoured payments

16. (1) If a payment of a penalty contemplated in regulation 13(1), is dishonoured, the issuing authority concerned must notify the agency in the manner contemplated in regulation 6(1), where after the matter is dealt with in the manner contemplated in subregulation (2).

 (2) If any payment of a penalty and fees contemplated in regulation 14(1)(a) or 15(1) is dishonoured, the agency must, after receipt of the notification contemplated in regulation 15(4) in the event that payment was made in terms of regulation 15(1), notify the infringer on a form similar to form AARTO 31 as shown in Schedule 1, -

(a) of the amount payable, including any charges arising from the dishonoured payment; and

(b) that a warrant will be issued by the agency if payment is not received at the date set on a form similar to form AARTO 31,

  and such notification is regarded to be equivalent to an enforcement order, issued under section 20 of the Act.

   
Period of grace

17.  Where provision is made in terms of this Chapter for a period within which an application or payment must be made, such period must be construed as a period of grace allowed to the infringer, during which period he or she may make such application or payment without being liable for any further administrative penalties.

   
CHAPTER 6

Record keeping

   
Information to be recorded

18. (1) A person who has personally served an infringement notice must return the copy of such infringement notice to the issuing authority where the contents of such notice must be recorded on the national contraventions register, and it must be verified whether it has been complied with within 32 days.

(2) If an infringement notice is served by registered mail, the issuing authority must, for the purposes of section 30(2) of the Act, keep the receipt issued by the post office that accepted the notice for registration.

(3) Each issuing authority, registering authority and driving licence testing centre must retain records of all transactions executed by it in terms of the Act.

(4) The agency must, for the purposes of section 30(2) of the Act, keep all receipts issued by post offices for the acceptance of documents that are served by registered mail, and keep a record for purposes of further reference of all -

(a) applications, notifications and submissions furnished or received;

(b) payments received and payments in arrears;

(c) courtesy letters, enforcement orders and warrants issued in terms of the Act; and

(d) revoked enforcement orders.

(5) The manner in which record must be kept of payments received and receipts issued, is by electronic image, until the time the record is disposed of as contemplated in regulation 19(5).

   
National contraventions register

19. (1) The manner, in which any information regarding any offence or infringement is to be recorded in the national contraventions register, is by an electronic file.

(2) The manner, in which the national contraventions register must be updated as contemplated in the Act, is by transferring an electronic data file from the issuing authority or agency to the national contraventions register.

(3) The issuing authority must –

(a) keep a record of the outcome of cases notified to it as contemplated in section 22(2)(b) of the Act, which record must contain the information set out in Schedule 5; and

(b) update the said record regularly.

(4) The agency must keep record of all the cases which were referred to the court for appeal or review in connection with the demerit points recorded against a person in the national contraventions register, as well as the outcome of such cases.

(5) Subject to the written authorisation of the National Archivist as contemplated in section 13 (2)(a) of the National Archives of South Africa Act, 1996, (Act No. 43 of 1996), the registrar may dispose of any document contemplated in this Chapter, after -

(a) an electronic image has been made of such document; and

(b) the authenticity of the electronic image of such document has been certified by the agency.

(6) 

(a) Any electronic image of a document which has been certified by the agency as a true image of the original document is deemed to be the original document for the purposes of criminal proceedings, unless evidence to the contrary is adduced.

(b) Any person, who, under paragraph (a), certifies any image as true knowing that such image is false, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding two years.

   
CHAPTER 7

Service of process


Personal service

20. (1) Personal service is achieved when the document to be served, is delivered to an infringer identified in the document, in person.

(2) If the infringer identified in a document is served in person, he or she must accept the document on the request of the person who serves it.

(3) An infringer who fails to comply with subregulation (2) is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding three months.

(4) The person who serves a document must explain to the infringer the contents of -

(a) section 17(1)(f) of the Act, if an infringement notice is served;

(b) section 19(2) of the Act, if a courtesy letter is served; and

(c) section 20(3) of the Act, if an enforcement order is served.

(5) The person who serves a document must -

(a) certify on the copy of the notice, letter or order that the document was served personally, stating the time and place of service, and that the explanation contemplated in subregulation (4) was given and understood by the infringer; and

(b) sign the document and request the infringer to sign the document: Provided that in the event that the infringer refuses to sign the document, the person serving such document must indicate that on the document: Provided further that the fact that the infringer refused to sign the document shall not affect the validity of such service.

(6) A signed document referred to in subregulation (5), is prima facie proof that the notice, letter or order concerned was duly served.

(7) If the person named in the document cannot be found, the document may be served by -

(a) delivering it at the infringer’s place of residence or place of employment or business to a person on the premises at the time of the delivery, being a person apparently over the age of 16 years; or

(b) affixing the document to a door of such place if there is no person contemplated in paragraph (a) at such place,

and for the purposes of this subregulation, when a building other than a hotel, boarding house, hostel or similar residential building, is occupied by more than one person or family, “place of residence” or “place of business” means the portion of the building which is occupied by the person upon whom service is to be effected.

 (8) If service is to be effected on -

(a) a company or other corporate body the document must be delivered to an employee thereof at its registered office or principal place of business;

(b) a partnership, firm or voluntary association, the document must be delivered at the place of business of such partnership, firm or voluntary association to a person on the premises at the time of the delivery, being a person apparently over the age of 16 years, and if such partnership, firm or voluntary association has no place of business, the service is effected on a partner, the proprietor or the chairperson or secretary of the committee or other managing body of such partnership, firm or association, as the case may be;

(c) a State institution, the document must be delivered to an official or employee of the said institution and at the office of the State Attorney for that area; or

(d) two or more persons in their joint capacity as trustees, liquidators, executors, administrators, curators or guardians, or in any joint representative capacity, the document must be delivered to each of them.

   
Service by registered mail

21.  If a document is to be served by registered mail, the document must be addressed to the infringer’s -

(a) last known address as indicated on the register of driving licences, or the register of motor vehicles;

(b) address as indicated by him or her on the notice of change of address; or

(c) address as indicated on a form similar to form AARTO 01 or AARTO 02, as may be applicable, as shown in Schedule 1, which he or she has confirmed as correct.

   
CHAPTER 8

 General

   
Nominating driver

22. (1) The manner in which the licensed owner of a motor vehicle must provide the information contemplated in section 17(1)(f)(v) of the Act, is by submitting a properly completed form similar to form AARTO 08 as shown in Schedule 1 to the issuing authority in accordance with regulation 23(2).

(2) The issuing authority shall acknowledge receipt of the nomination of the driver as contemplated in paragraph (a) on a form similar to form AARTO 9, within a period of 14 days from receiving such nomination.

(3) If the licensed owner has not received any acknowledgement contemplated in   subregulation (2), from the issuing authority within 21 days of the date on    which the infringer submitted representations, the infringer must –

(a) enquire from the nearest post office in his or her residential area whether an acknowledgement contemplated in subregulation (2) has been received; and

(b) notify the agency on a form similar to form AARTO 08 as shown in Schedule 1, in the manner contemplated in regulation 23(1)(a), if the said acknowledgement has not been received as contemplated in paragraph (a).

Manner of application, notification or submission

23. (1) Any application, notification or submission to the agency must be made by-

(a) posting it by registered mail to the postal address of the agency;

(b) faxing it to the fax number of the agency; or

(c) electronic data exchange from issuing authorities or the national contraventions register,

  but affidavits contemplated in regulations 4(1) and 7(4) may only be submitted in the manner set out in paragraph (a).

 (2) Any application, notification or submission to the issuing authority must be made by -

(a) delivering it directly to the office of the issuing authority;

(b) posting it by registered mail to the postal address of the issuing authority;

(c) faxing it to the fax number of the issuing authority;

(d) forwarding it to the issuing authority’s e-mail address; or

(e) electronic data exchange from the agency or the national contravention register,

but an affidavit, the form on which the infringer elects to appear in court and the form on which the driver or person in control is nominated,  may only be submitted in the manner set out in paragraph (a) or (b).

 (3) Any notification to the infringer must be made by -

(a) posting it by registered mail to the postal address of the infringer;

(b) faxing it to the fax number of the infringer; or

(c) forwarding it to the infringer’s e-mail address.

(4) Any acknowledgement to the infringer must be made by posting it to the postal address of the infringer.

   
Demerit points

24. (1) The demerit points to be incurred in respect of an infringement set out against it in column 3 of Schedule 3 are as set out in column 7 of that Schedule.

(2) The demerit points incurred in respect of an operator for infringements set out in column 11 of Schedule 3 shall be as indicated for the infringements charged for under section 49 of the National Road Traffic Act as indicated in Column 11 of Schedule 3.

(3) The total number of demerit points which, if exceeded, disqualifies a person from driving a motor vehicle, as contemplated in section 29(d) of the Act, is 12 points.

(4) The total number of points that will result in the suspension of the operator cards of an operator shall be as contemplated in Schedule 4.

(5) The notice contemplated in section 26(1) of the Act, by which a person must be informed that he or she has incurred more than the number of demerit points referred to in subregulations (3) and (4), must be on a form similar to form AARTO 33 as shown in Schedule 1.

(6) An application contemplated in section 25(3) of the Act, to the issuing authority to return a person’s driving licence or professional driving permit as contemplated in section 25(5) of the Act, must be submitted to the issuing authority on a form LL1 or DL1, whichever is applicable, as shown in the Road Traffic Regulations.

   
Access to information

25. 

(1) The manner in which an employee referred to in section 33(2) of the Act may grant his or her written permission to his or her employer is by providing his or her employer with a properly completed and signed consent form similar to form AARTO 40 as shown in Schedule 1.

(2) The manner in which an infringer must be informed by any issuing authority, registering authority or driving licence testing centre in terms of section 33(1) of the Act of his or her demerit points position, is by providing the infringer with a detailed statement of every infringement recorded against him or her, on a form similar to form AARTO 41 or AARTO 42, whichever is applicable, as shown in Schedule 1, in accordance with regulation 23(3).

   
Short title and commencement

26. (1) These regulations are called the Administrative Adjudication of Road Traffic Offences Regulations, 2007, and shall, subject to subregulation (2), come into operation on 1 September 2007 for the municipal area of Tshwane.
 (2) Regulation 24, column 7 of Schedule 3 and Schedule 4 shall come into operation on a date to be determined by the Minister by notice in the Government Gazette.


ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES
REGULATIONS, 2007

SCHEDULE 1

General Forms
_________________________________________________________________________


The following forms are, subject to the provisions of section 34 of the Act, prescribed for the purposes of the Act and the regulations:



ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES
REGULATIONS, 2007

SCHEDULE 2

Monetary value of Penalty Unit, Discount and Fees in terms of Regulation 5(2)

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES
REGULATIONS, 2007

SCHEDULE 3

Categories of offences and infringements, penalty units, penalty and discount amounts and demerit points in terms of Regulation 23(1) and 23(2)


Key to columns in Schedule:


Column 1     Item number
Column 2     Charge code
Column 3     Short statutory reference to National Road Traffic Act, 1996
Column 4     Short charge wording - reference to National Road Traffic Act, 1996
Column 5     Classification of offence, major infringement and minor infringement
Column 6     Penalty
Column 7     Demerit  Points
Column 8     Penalty amount (Rand)
Column 9     Discount amount (Rand)
Column 10   Discounted amount (Rand)
Column 11   Operator charge in terms of section 49 of the National Road Traffic Act, 1996 Indication of charge against operator simultaneously to charge against driver.
 

Key to abbreviations in Schedule:


NRTA     National Road Traffic Act, 1996
NRTR     National Road Traffic Regulations, 2000
NLTTA   National Land Transport Transition Act, 2000
RWC      Motor vehicles that need roadworthy certificates in terms of regulation 142 of the NRTR
Non-RWC Motor vehicles that do not need roadworthy certificates in terms of regulation 142 of the NRTR
I             Infringements
MI          Major infringements
O            Offences
C            Court - no penalty allowed

 


ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES REGULATIONS, 2007

SCHEDULE 4

Total number of points that will result in the suspension of the operator card
of an operator contemplated in terms of Regulation 23(4)



1. Every motor vehicle, for which an operator card is issued, as contemplated in section 45 of the National Road Traffic Act, 1996, shall be subject to the conditions of this schedule.

2. The total number of points that an operator may incur, shall be in accordance with the number of vehicles owned by the operator.

3. The total number of demerit points, which, if exceeded, shall result in the suspension of the operator cards of an operator, shall be the total number of points given in the table below in accordance with the number of vehicles of the operator.

4. The operator of the drawing vehicle shall be charged, in the case of an infringement committed by a combination of motor vehicles: Provided that the operator of the drawing vehicle may submit representations to the agency, to present reasons to charge the operator of a trailer in such combination in stead of such operator.

5. Every demerit point over the maximum points, calculated in terms of the number of vehicles given in the table below, shall result in a one month suspension of all the operator cards of an operator.

Number of vehicles

No. of points per vehicle

1

to

100

12

101

to

200

11

201

to

300

10

301

to

400

9

401

to

500

8

501

to

600

7

> 600

6

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES
REGULATIONS, 2007

SCHEDULE 5

Information contemplated in terms of Regulations 18 and 19


At least the following information must be provided on the electronic data file referred to in regulations 18 and 19:

1. With regard to the person of the Infringer, his or her –
(a) surname;
(b) full name, and if such infringer has more than one name, at least the first two full names and the initials of any further names;
(c) nationality;
(d) identification type;
(e) country of issue;
(f) identification number;
(g) driving licence code, and in the case of a foreign driving licence, the country of issue of such licence;
(h) professional driving permit class, if applicable;
(i) operator card number, if applicable; and
(j) nature of juristic person, if applicable.

2. With regard to the Infringer’s address, the –
(a) postal address and code;
(b) street address and code;
(c) address of employer, if provided; and
(d) e-mail address, if applicable.

3. With regard to the Infringer’s contact detail, the –
(a) home telephone number;
(b) business telephone number; and
(c) his or her cellular telephone number, if applicable.

4. With regard to a body of persons, the –
(a) name of proxy;
(b) identity type of proxy;
(c) identification number of proxy; and
(d) proxy or representative indicator.

5. With regard to the motor vehicle, the –
(a) licence number;
(b) register number;
(c) licence disc number;
(d) type of vehicle;
(e) make of vehicle;
(f) model of vehicle; and
(g) colour of vehicle.

6. With regard to the location of the infringement, the –
(a) name of the province;
(b) name of city or town;
(c) suburb name in urban areas;
(d) public road on which the infringement occurred;
(e) street name(s) in urban areas;
(f) route number in rural areas, if applicable;
(g) the names of the nearest towns on either sides of the location; and
(h) GPS coordinates, if applicable.

7. With regard to the specific infringement(s), the –
(a) source notice number;
(b) source notice type;
(c) code number(s) of the infringement(s);
(d) description of the infringement(s);
(e) classification of the infringement(s);
(f) penalty unit(s) of the infringement(s);
(g) penalty amount(s) of the infringement(s);
(h) discount amount(s) of the infringement(s);
(i) demerit points of the infringement(s);
(j) date and time of the infringement(s); and
(k) identification value.

8. With regard to the officer, his or her –
(a) surname and initials;
(b) infrastructure number; and
(c) name of the authority at which he or she is employed.

9. With regard to the outcome of the offence and infringement proceedings, the –
(a) court code;
(b) case result, including failure to appear in court; 
(c) date of conviction or the date of payment; and
(d) indication if matter is on appeal or review and result of such appeal or review.

10. With regard to payments due, the –
(a) source notice number;
(b) source notice type;
(c) penalty amount;
(d) discount amount;
(e) number of monthly instalment payments;
(f) monthly instalment amount;
(g) method of payment;
(h) date and time of payment;
(i) representations fee;
(j) courtesy letter fee;
(k) enforcement order fee;
(l) warrant fee; and
(m)  cancellation reason.

11. With regard to representations officers, his or her –
(a) surname;
(b) full name, and if such officer has more than one name, at least the first two full names and the initials of any further names;
(c) nationality;
(d) identification type;
(e) identification number;
(f) postal address and code;
(g) residential address and code;
(h) e-mail address;
(i) home telephone number;
(j) business telephone number;
(k) cellular telephone number;
(l) fax number;
(m) representation reference number;
(n) date and time of forwarding representations;
(o) date and time of receiving reply on representations;
(p) outcome of representations;
(q) reasons for allowing representations; and
(r) payments made to representation officers.

12. With regard to sheriffs, his or her –
(a) surname;
(b) full name, and if such sheriff has more than one name, at least the first two full names and the initials of any further names;
(c) nationality;
(d) identification type;
(e) identification number;
(f) postal address and code;
(g) residential address and code;
(h) e-mail address;
(i) home telephone number;
(j) business telephone number;
(k) cellular telephone number;
(l) fax number;
(m) date and time of issuing warrant for execution;
(n) date, time and amount of payment made by sheriffs; and
(o) payments made to sheriffs.

13. For data capturing purposes, the –
(a) name of the capturing authority;
(b) name of the issuing authority;
(c) information of the specific transaction;
(d) reason for capture;
(e) charge or infringement;
(f) reference detail;
(g) reference value;
(h) date and time of capture;
(i) name, surname and infrastructure number of the capturing official.

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