AARTO and Road Safety

RTIA Vision

The RTIA's vision is to have an informed, compliant and safe road user community.

RTIA Mission

The mission is to encourage compliance with road traffic laws in SA through:

1. Targeted road user and community education & community programmes;
2. Promotion of procedurally fair, lawful & reasonable administrative adjudication;
3. Levying of penalties;
4. Imposing demerit points;
5. Effective administration & management of the suspension, cancellation of driving licences & operator's cards; and
6. Rewarding compliant road users.

Establishment of the RTIA

• Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998) (AARTO Act)
• Sec. 3 of the Act establishes the Road Traffic Infringement Agency (RTIA)
• AARTO Act is currently being implemented in Gauteng Province (JMPD, TMPD, GDoCS and RTMC)
• AARTO was initially a functional unit within the RTMC
• The RTIA was officially established during 2010/2011
• RTIA has its own Board and Head Office based in Midrand

Taking Over of AARTO Functions

• AARTO Functions were previously located at the RTMC
• The RTIA took over the AARTO functions from the RTMC during Oct 2013
• Regulations amendments were effected, removing the RTMC from performing AARTO functions
• The RTIA is entirely responsible for AARTO, also working with IAs and other key stakeholders
• AARTO is implemented by Issuing Authorities and managed by the RTIA

Road Traffic Challenges

• Non-compliance with road traffic laws leading to a high number of crashes and fatalities
• Authorities are using different systems for law enforcement. (All 8 provinces still on CPA)
• Low or no payment of traffic fines without consequences
• Offenders from other jurisdictions get away with traffic crimes.
• No follow-up is made for traffic offences committed.
• Traffic crimes not a priority at courts.
• No real punitive measures to deter infringers/offenders.
• The current system is inadequate & does not prioritise traffic offences.

AARTO Objectives

Objectives of the Act are to:

• encourage voluntary compliance with road traffic laws;
• Comes with automatic 50 % discount within 32 days
• encourage payment of penalties;
• establish procedure for effective & expeditious adjudication of road traffic infringements;
• alleviate the burden on courts;
• AARTO forges an efficient and effective link between enforcement and adjudication of road traffic violations

AARTO Objectives Cont..

• change driver/operator behaviour;
• penalise habitual infringers through suspension of driving license/operator cards;
• penalise infringers through the allocation of demerit points; and
• reward good behaviour through the reduction of demerit points
• Partnering with insurance companies may have benefits in terms of low insurance premiums for motorists/operators

Benefits of AARTO to IAs

• Compliance with road traffic laws resulting in reduction in crashes and fatalities
• Once Infringements are issued by IAs, the responsibility of follow-up lies with RTIA
• The RTIA pays for sending out Courtesy Letters and Enforcement Orders to infringers
• The RTIA also has a Unit specifically dealing with collection of outstanding penalties (including fleet owners)
• Enforcement Orders compel motorists/operators to eventually pay and therefore no revenue loss for IAs

AARTO Process and Manner of Serving

It all starts with a traffic violation followed by an infringement notice in the form of

• AARTO 01 - At the roadside.
• AARTO 02 - At the roadside- already recorded on the system (NCR).
• AARTO 31 - Placed on vehicle's windscreen.
• AARTO 03 - By registered mail to registered owner of motor vehicle.

AARTO PROCESS AND OPTIONS

Enforcement Order Stage

• Apply for Revocation of Enforcement Order or Full Payment

Courtesy Letter Stage

• Submit a representation. Arrange for instalments. Elect to be tried in Court. Full penalty and fee now due

Infringement Notice Stage

• Submit a representation
• Arrange for instalments. Elect to be tried in Court
• Pay penalty and qualify for 50% discount Nominate a driver

Criminal Procedure Act and AARTO Act

Criminal Procedure Act (Act 51, 1977)	AARTO Act (Act 46, 1998)
Commence with sections 341 or 54,56 of the Criminal Procedure Act.	Commence with AARTO 01,02,03.
Provides for arrest by the officer if a warrant of arrest has been issued.	No arrest unless an offence has been committed. Further stages will be activated.
Prosecutor has powers to reduce the fine amount.	Infringement comes with automatic 50% discount.
Prosecutor may decide not to prosecute without reasons.	The prosecutor may decline to prosecute the matter with reasons.

Engagement of Key Stakeholders

• The RTIA continuously engaged with key stakeholders on AARTO processes
• During mid 2013, the first round of provincial engagements was initiated by the RTIA, meeting with all provinces and municipalities on AARTO
• The second round of provincial engagements started in early 2014, meeting with all provinces and municipalities

Engagement of Key Stakeholders cont…

• Some of the key stakeholders engaged on AARTO include the following:
  • SALGA at National and Gauteng
  • SAPS at National and Gauteng
  • DLTCs in Gauteng and KZN
  • Vehicle Fleet Operators
  • Vehicle Rental Companies
• At National level, the AARTO National Task Team meets on a quarterly basis where provinces and some metros are represented
• At provincial level, through AARTO Provincial Task Teams

Payments of AARTO Notices

• Motorists and Operators can pay for AARTO notices in any province around the country
• Payments of penalties from IAs, DLTCs, SAPO and RAs are made directly onto the NCR
• Payments made at major banks and other payment platforms are made directly into the AARTO Bank Accounts
• Collecting Agents pay (retain the collection fee) the penalty fees into the AARTO Bank Account on a monthly basis

Progress to date

• Final Readiness Assessment commissioned by the RTIA completed
• Ongoing engagements at Provincial and Municipal level
• Ongoing engagements at AARTO National Task Team Level
• Presentation on Progress made to COTO and MINMEC
• Recently, the Minister and Deputy Minister pronounced on the implementation of AARTO countrywide by 01 April 2016
• AARTO Provincial Road Shows will take place in all provinces
• Final preparations for full implementation of AARTO

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