Metro police, traffic agency in blame game

Johannesburg Metro cop with a motorist who commited a traffic offence in the center of Johannesburg city. 061008 Pic:Boxer Ngwenya

Johannesburg Metro cop with a motorist who commited a traffic offence in the center of Johannesburg city. 061008 Pic:Boxer Ngwenya

Published Apr 20, 2013

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Johannesburg - Authorities blame each other for the chaos in the roll-out of the Administrative Adjudication of Road Traffic Offences Act (Aarto) in which fines have been withdrawn, cases struck off the roll and some court judgments not captured on the traffic register.

The Saturday Star can reveal that the Joburg metro police (JMPD) blame the Road Traffic Infringement Agency (RTIA) for its own problems with implementing Aarto.

The RTIA has previously accused the JMPD of failing to comply with the act by issuing traffic fines by ordinary mail as opposed to by registered mail.

But the JMPD claims that the agency’s failure to issue courtesy letters or enforcement orders result in traffic offenders ignoring infringement notices.

The JMPD further says that no ID blocks are currently active on national traffic information system (e-NaTIs), meaning law enforcement has no direct impact within the City of Joburg.

Since the roll-out of Aarto in 2008 within the city, there has been no service level agreement between the council and the RTIA on the issuing of infringement notices.

There is also no similar agreement with the SA Post Office for the delivery of the notices via registered mail to motorists. The agency, however, hit back at JMPD yesterday, stating it had failed to upload infringement notices directly on to the national contraventions register of eNaTIS such as is being done by the Tshwane Municipality.

RTIA spokesman Mthunzi Mbungwana said allegations made against the agency over compliance with the act are without substance.

Mbungwana said letters, which have been written to JMPD asking them to add companies as co-accused when summonsing representatives, have been ignored.

“It is for this reason that cases of this nature are struck from the roll,” she said.

“The format of a section 54 summons is prescribed in terms of the provisions of the Criminal Procedure Act, 51 of 1977 and cannot be deviated from.”

The Aarto nightmare for the local authorities includes the fact that some functions in the e-NaTIs system are not in operation.

Court outcome results, for instance, are not captured.

This could also be the reason why the road traffic authorities don’t know how many drivers have been convicted for drunk driving or speeding.

Two weeks ago the Saturday Star reported that road safety campaigners were frustrated by the lack of statistics on convictions of drivers and licence suspensions.

Aarto was intended to change drivers’ behaviour and reduce road accidents by allocating demerit points to the driving licences of traffic offenders.

Some summonses are printed without critical information such as ID numbers, which has resulted in some cases being struck off the roll, the Saturday Star was told.

Mervyn Cirota, the DA’s public safety spokesman for Joburg, said this week that the rollout and enforcement of Aarto remains unattainable.

“These facts clearly indicate that the Aarto is an abject failure,” he said.

“If the roll-out could not be successful after a five-year waiting period, it is questionable whether there is a real possibility as to whether there can ever be a meaningful and effective implementation.”

Howard Dembovsky, chairman of the Justice Project SA, said the “ineptitude” of all the players involved in Aarto has resulted in it being a failure.

“But what is most disturbing about this entire scenario is to see the JMPD acting like babies and effectively saying Boohoo! The RTIA is stealing our lollipop,” he said.

“This coupled with the fact that the proposed amendments to the Aarto Act effectively seek to reduce traffic fines income to nothing more than an additional stealth tax type of income… proves beyond any doubt what we have been saying for years.”

He said traffic fines were never intended to adjust anyone’s behaviour, but were intended rather to make money for those who issue them.

Saturday Star

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