The new traffic fine and driver demerit system, which could lead to offenders losing their licences, has been delayed yet again and traffic organisations are questioning whether the system will ever be launched nationally.
An overhaul of the Administrative Adjudication of Road Traffic Offences Act to rid it of weaknesses and loopholes is under way.
A date for the roll-out of the much-awaited system is still not available, a year after it was supposed to be implemented.
Aarto and a points demerit system have been designed to reduce the burden on the courts. Traffic offenders would have points deducted, which could result in the loss of their licences, while motorists who pay their fines within 32 days would get a 50 percent discount.
It was initially supposed to be implemented in metropolitan areas in July 2010, and countrywide in November. However, the roll-out was postponed and acting Road Traffic Management Corporation chief executive Collins Letsoalo vowed last year that the system would be in place before March 31 this year.
A pilot phase was implemented in the municipalities of Tshwane and Johannesburg three years ago. These identified several shortcomings, including problems with the system’s operation and legislative framework, said Japh Chuwe, registrar of the Road Infringement Agency.
Chuwe said they were trying to put procedures in place to support the processes.
“Significant progress was made in ensuring the forms and supporting processes were updated and the necessary interventions made,” he said.
A two-phase strategy was developed to provide for a legislative framework to deal with all road traffic contraventions.
“The first part of the strategy entailed developing applicable changes to the Aarto regulations within the framework of the act. This has been completed.
“The second part of the process entails a complete overhaul of the Aarto act to strengthen identified weaknesses and loopholes.”
Howard Dembovsky, the chairman of Justice Project SA, a non-profit organisation established “to root out power abuse and corruption in law enforcement”, said weaknesses and deficiencies should have been identified before the system was touted as the next big thing in transport.
“There is a complete mismatch of what Aarto says and how traffic enforcement is practised in this country,” he said.
“Aarto requires proper enforcement to take place, otherwise it will fall flat on its behind. It requires physical law enforcement, not officers sitting behind bushes.”
Dembovsky said because officers did not have access to the eNatis system at roadblocks, it would be difficult for them to be able to identify errant motorists.
“If a motorist’s licence has been suspended, what’s stopping him from continuing to drive?”
Dembovsky said that while some motorists might regard the “repeated” postponement as a relief, drivers in Johannesburg and Tshwane were not so “lucky”, as they had been subjected to almost every provision of the act for more than three years.
“It’s ridiculous how this legislation is being rolled out as a pilot base. How can you have different legislation in different parts of the country?” - The Argus