Demerit system for traffic violations implemented
Aarto has been in force in Johannesburg and Tshwane for more than a decade, but several attempts to expand it have been cancelled.
At least 10 KwaZulu-Natal municipalities are among the 60 municipalities where the controversial Administrative Adjudication of Road Traffic Offences (Aarto) Act is being implemented starting from Wednesday.
This comes after an urgent court application by the South African Local Government Association (Salga) to stop the further rollout was dismissed by the Pretoria High Court on Tuesday.
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However, significant confusion remains over the regulations that are essential for implementing the act.
Aarto has been in force in Johannesburg and Tshwane for more than a decade, but several previous attempts to expand its implementation have been cancelled at the last minute.
It will now be in force in all metros except Cape Town, and municipalities countrywide except those in the Western Cape.
The further rollout in this province was earlier deferred to a later date.
The previous false start was last year, when the rollout scheduled for December 1 was postponed in November because the municipalities responsible for enforcement were not ready.
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In court, Salga argued that the Department of Transport had failed to engage meaningfully with municipalities.
It objected to the proposed formula for distributing revenue from traffic fines, arguing that municipalities would not recover the costs of implementing Aarto.
As a result, municipalities would have to use funds intended for service delivery to subsidise the system.
According to Salga, forcing municipalities to use specific service providers is inconsistent with municipal legislation, which gives municipalities control over their own procurement processes.
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Salga’s application was opposed by Minister of Transport Barbara Creecy and the Road Traffic Infringement Agency (RTIA).
Salga requested that the expansion of Aarto be suspended until the issues it had raised had been resolved.
The court, however, ruled that the matter was not urgent and that Salga could instead pursue the matter through an ordinary review application.
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Salga also argued that municipalities were not yet ready to implement Aarto. In response, the minister’s legal team argued that the rollout should proceed and that municipalities would get increasingly ‘ready’ over time.
A source with inside knowledge at the RTIA said the new regulations have already been finalised and could even be published in the Government Gazette before midnight on Tuesday.
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The expectation was that the remaining municipalities will be required to transition to Aarto by September and that the demerit points system, which could ultimately result in repeat offenders losing their driving licences, will come into operation once the act is in force nationwide.
Salga Public Transport and Roads Working Group chairperson, councillor Sebang Motlhabi, said in a statement: “While disappointed at the outcome, the reality of the matter is that the core issues that we wanted the court to provide relief on are still to be argued. Our legal team is preparing to take the matter forward.”
