The RFA’s Gavin Kelly comments on a controversial piece of (impending) legislation

The Administration Adjudication of Road Traffic Offences (AARTO) Act was promulgated in 1998. The opening statement of the Act reads as follows: “To promote road traffic quality by providing for a scheme to discourage road traffic contraventions, to facilitate the adjudication of road traffic infringements, to support the prosecution of offences in terms of the national and provincial laws relating to road traffic, and implement a points demerit system…”.

The first question that springs to mind is: Why was this Act ever created? The very promulgation of this Act highlights the problem in transport – legislation is not implemented.

Nothing will be solved by creating NEW legislation to correct/support/replace existing legislation.

The National Road Traffic Act (NRTA) has enough weight and power within its own right (excluding a point demerit scheme) to address the situation on the road; however, due to the fact that lawlessness was rife (and not only restricted to the road environment), AARTO saw the light of day.

Pedestrian, driver and passenger behaviour on the road is a symptom – not a cause. The authorities should have woken up to that one long ago; we have been telling them that for the last 30 years at least.

If the NRTA was properly, consistently and uniformly applied across the country, we would not be sitting at the point we are today.

What is the function of the NRTA in its entirety – if not specifically sections 87 (Service of Notices), 89 (Offences and penalties) and 90 (Apportionment of fines) and their related regulations – if not the control and management of transport on the roads?

The problem lies not with what legislation is available and what powers are delegated to various individuals or institutions, but more so with the affected authorities actually doing what they are supposed to be doing, and not taking shortcuts to revenue collection (private or public) or focusing on easy offences and targets, or political or strategic public relations.

AARTO relies on solid law enforcement (which does not exist), sound evidentiary data related to incidents (which does not exist) and a determination to address root causes and not revenue generation (which does not exist).

Over 75% of AARTO-related policing will be speed based. No matter what the authorities would like to state – it is fact. It is what happens currently in the traffic environment, so why would it change?

As long as the adage “Speed Kills” is sold and swallowed, there will be no change. Speed does not kill. Poor vehicle condition and reckless and negligent behaviour (bad driving) are the root causes.

Increased speed merely exacerbates the resultant effect.

What does kill is the fact that vehicles can be driven with faulty systems (lights, brakes, steering, suspensions, seats and restraints, windows, etc.); that drivers can drive as they wish (ignoring barrier lines, skipping intersections, rejecting courtesy, etc.) and that known trouble spots are not focused on and dealt with.

A simple adage: If you want to REDUCE injuries and fatalities, enforce the wearing of seat belts. That (on its own) would have a tremendous effect on the figures that the authorities quote with such assuredness every holiday season. Raw statistics mean nothing – and those statistics reflect deaths on the roads, not incidents.

AARTO brings double punishment – both fines and demerit points. Ah, I hear you say, there is a 50% discount if you pay within 32 days! Here lies the true value of AARTO – the authorities want their money. Does a 50% fine reduce the offence by 50% (are we only 50% guilty)?

In addition, AARTO promises the loss of employment and the total collapse of the taxi industry: In the space of a week, 70% of the taxis will have been removed off the roads due to their physical condition, drivers will have lost their licences and the remaining taxis will be systematically removed as they speed to meet demand, and drop off and park where they are not allowed.

We know that will not happen. The authorities would rather simply comfortably rake in the revenue from speeding offences.

As the public transport system slowly grinds to a halt, how will people get to work or earn a living?

There is no public transport system. The Gautrain goes nowhere (for the average commuter) and costs a bomb.

AARTO has been postponed a number of times – why is that? A number of reasons:

• The disagreement on who gets the revenue from fines (large metros have budgeted traffic offence revenue into their annual budgets as an income);

• Provincial and local structures use this as revenue generation in their budgets;

• There are no standard penalties (as has been in the works for the last 10 years);

• The database to run the system has not been completed;

• The support systems are yet to be put into place (includes equipment for officers and the collection/collation systems);

• Interface systems for large operators (freight, passenger, vehicle rental/hire and construction) do not exist;

• Notice service systems are not yet in place – both manner and stipulated time frames (one metro notoriously contravenes the AARTO Act itself); and

• No assurance that traffic offices will not collude to target road users (intentional targeting of operators or individuals for personal reasons).

Notwithstanding the above, AARTO will be implemented. The immediate impact will include:

• Increase in bribery and corruption;

• Loss of drivers;

• Great frustration coupled to accessing information relating to offences committed by employees or vehicle-related issues;

• “Offenders” having to follow up with the Road Traffic Infringement Agency if the administration and recording systems of AARTO are faulty;

• Concentration by authorities on roadblocks to follow up “outstanding revenue” rather than concentrating on identifying problem areas and preventing offences from occurring;

• Further added costs to the general public to finance another state organisation; and

• Increase in the cost of freight, passenger and vehicle hire as operators need to create administrative capacity to manage the AARTO system.

In conclusion, implement the core legislation (National Road Traffic Act) effectively. Ensure the causes are addressed – not the symptoms. Impounding vehicles (whether private or fleet owned) will have a far better effect on safety and behaviour than a point demerit system.

Learn from other countries (not only how to implement a system, but also how the general public and the authorities have abused the system) – and those countries have efficient public transport systems and alternative freight solutions.

Gavin Kelly

Technical and operations manager: RFA

Tel: (011) 974 4903

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it