AARTO still a tangle of short circuits to the detriment of motorists
25 July 2023
The FF Plus finds it alarming that shortly after the Constitutional Court ruled that the Administrative Adjudication of Road Traffic Offences Act (AARTO) is indeed constitutional, more and more evidence indicating that the system is like a tangle of short circuits is coming out.
It is to the detriment of motorists, especially because of the way in which the Road Traffic Infringement Agency (RTIA) manages the system.
The party has gained access to information on offences for which the first notice was issued long after the date of the said infringement. According to the AARTO regulations, and as confirmed by the Fines4U court ruling of 2014, a notice of infringement must be issued to the offender within 40 days and sent via registered mail.
One piece of evidence in the FF Plus's possession is a photo of the eNatis system, which shows that the offence in question was committed on 23 March 2021, but the notice was only issued on 7 November 2021, more than seven months after the offence had been committed. (See photo attached herewith.)
It makes no sense for the infringement to still be on the eNatis system seeing as it is technically illegal to take the matter any further. This offence should simply have been automatically removed from the system due to RTIA's failure to comply with AARTO regulations and the court ruling it is bound by.
To make matters worse, this infringement has since been turned into an enforcement notice, which could in effect prevent the relevant person's from taking out or renewing any licences, all while the process itself is defective and unlawful.
Add to that the inability of the Post Office to deliver the estimated hundreds of millions of notices issued by more than 2 000 local governments, which will result in motorists being blissfully unaware of any infringements. Those who may have wanted to make representations, will never have the opportunity to do so.
This example provides a tangible indication of how the public is negatively affected under AARTO by RTIA, which is failing to fulfil its own statutory obligations. In fact, when AARTO is fully implemented, drivers could ultimately lose their licences regardless of the fact that the infringements would no longer be valid.
The FF Plus views these malpractices as very serious and the party will assist members of the public who are experiencing problems with AARTO. Any problems related to this matter can be reported to the following e-mail address: [email protected].
The FF Plus is currently also working with Fines4U to lodge a complaint with the Public Protector (PP), requesting that an investigation and audit must be conducted into all infringements on the system to determine the actual scope of the problem where illegal infringements are still adjudicated.
In essence, the FF Plus considers AARTO unenforceable under ANC rule. There will probably be many more court cases until RTIA gets its house in order.
Ultimately, AARTO can only be successful countrywide and truly make roads safer if a coalition government, of which the FF Plus is part, wins the 2024 general elections.
Issued by Anton Alberts, FF Plus national chairperson, 25 July 2023
