The implementation of Gauteng’s controversial e-tolling system has been dealt a potentially crippling blow.
Transport Minister Sbu Ndebele has shelved a proposed piece of legislation for now that would have given the South African National Roads Agency Limited (Sanral) punitive powers to charge non e-toll paying motorists under the soon to be implemented Aarto.
The Administrative Adjudication of Road Traffic Offences Act, intended to remove most traffic offences from the courts and introduce a system of demerits has been piloted in Joburg and Tshwane.
The proposed law which was published in 2010 for public comment had sought to extend the reach of Aarto to cover toll offences – meaning the proposed public disobedience campaign to not to paying e-tolls could lead to demerits on a driver’s license, and its ultimate loss.
Although not all fines under the Aarto Act carry a demerit point, experts believe a driver who passed more than 12 e-toll gantries a day without paying would be liable for demerit points deduction if the Bill came into law.
“A single drive around the toll ring roads would mean you could lose your driver’s license if they associated the offence of not paying e-tolls to the demerit system,” said Howard Dembovsky, chairman of the Justice Project SA – a motoring lobby group. “There is currently no legislation including Sanral Act that caters for automated toll gantries or e-tolls.”
Yesterday Ndebele’s spokesman Logan Maistry told the Saturday Star that the proposed Transport Law Enforcement and Related matters Amendment Bill of 2010 had been put under review together with the Gauteng e-tolling system.
“The Minister has put the Bill under review and it is subject of a continuing review alongside the Gauteng e-toll system.The Sanral Board is looking at this together with the Treasury and other stakeholders,” he said.
Gauteng e-tolling opponents Cosatu, the DA and other motorists lobby groups vowed to fight tooth and nail to ensure that no law was passed that would impose punitive measures on residents who refuse to pay the tolls.
“It makes us more determined to stop these tolls if a body like Sanral would have such punitive power [in so far as threatening to motorists suspending the license for failing to pay tolls].
Its absolutely shocking,” said Cosatu spokesman Patrick Craven. “Throughout the whole process of introducing these tolls there has been in adequate consultation including on the proposed laws. How could the government not see how controversial this would be? Clearly there is a lot that is wrong with how everything around the tolls was done.”
Automobile Association’s Gary Ronald said he was aware that the government was looking at alternative legislation to enforce the tolls.
“We would definitely not like that kind of a proposed legislation to proceed into law,” he said. “It would be unfair to pass such a law that is biased to one project in Gauteng only.”
Jack Bloom, the DA leader in the Gauteng legislature said it was “disturbing that somebody was trying to crack the whip on unwilling public” to force them to pay the e-tolls that have been rejected by majority of Gauteng residents.
“We knew about the Bill and that they were trying to use Aarto to enforce the tolls. This was a desperate measure to get compliance but there would have been a huge counter reaction to it,” he said. “If the Bill goes to Parliament after the review, the DA will scrutinize it carefully and consider legal challenges.” - Saturday Star