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The Buffalo City Metro says it is not yet ready to implement SA’s sweeping new Administrative Adjudication of Road Traffic Offences (Aarto) system, despite the national rollout beginning this month after a high court ruling cleared the way for its introduction.
The legislation will fundamentally change how most traffic offences are dealt with, replacing criminal prosecutions with an administrative process designed to improve compliance and reduce pressure on the courts.
Despite the sweeping changes, every Buffalo City motorist interviewed by the Dispatch said they were unaware of the legislation before being approached by the publication.
The metro said it was still finalising the administrative and contractual arrangements needed before the system could be implemented locally.
The rollout follows the dismissal by the Gauteng high court in Pretoria of an urgent application by the South African Local Government Association (Salga), which sought to halt the second phase of Aarto.
The ruling paved the way for the system to be introduced in 62 local and metropolitan municipalities across the country, expanding beyond the pilot programme in Johannesburg and Tshwane.
Road Traffic Infringement Agency (RTIA) spokesperson Monde Mkalipi said the most significant change motorists would notice was the way traffic infringements were processed.
“The major change is going to be in the form in which traffic infringements are issued.
“Traffic officers will no longer issue fines in terms of Section 56 of the Criminal Procedure Act.
“Instead, they will issue Aarto infringement notices, meaning traffic infringements are now being decriminalised and handled through an administrative process,” he said.
Motorists issued with an infringement notice will have 32 days to respond.
They may pay the fine at a 50% discount, submit written representations to the RTIA if they believe the notice was incorrectly issued or, where the infringement exceeds R750, apply to pay in instalments over a period of up to six months.
Motorists who ignore an infringement notice will lose the opportunity to pay the discounted amount and will instead receive a courtesy letter reminding them of the outstanding infringement.
“If the matter remains unresolved, the system will restrict the motorist from transacting on the National Traffic Information System (NaTIS).
“This means they may be prevented from renewing their driving licence or accessing certain NaTIS services until the infringement has been resolved,” Mkalipi said.
In Buffalo City, however, motorists will have to wait a little longer before the system comes into effect.
Municipal spokesperson Luzuko Buku said the metro had been working with the provincial department of transport, the Road Traffic Management Corporation and the RTIA to prepare for implementation.
“As the municipality, we have been engaged in deep discussions and preparations with the provincial department of transport Aarto co-ordinator to ensure that we are fully ready.
“The department of transport is still addressing certain aspects required for full implementation of Aarto,” he said.
Buku said the metro had received formal communication regarding the rollout and remained in regular contact with the national transport department, the Road Traffic Management Corporation and the RTIA as preparations continued.
He said the city was determined to ensure all administrative systems were in place before introducing Aarto to motorists, rather than rushing implementation before the necessary processes had been completed.
The municipality believes the new system will ultimately improve compliance with traffic laws, streamline the handling of infringements and contribute to safer roads, but maintains that residents will be informed well in advance once a local implementation date has been confirmed.
Buku said traffic officers and back-office staff had completed the required training, but the municipality could not yet commit to an implementation date.
“We cannot commit to a timeframe at the present moment, but we can commit that the full implementation date will be communicated to the public once the pending necessary set-up, administrative and contracting issues have been finalised with the department of transport and the Road Traffic Management Corporation,” he said.
Provincial transport department spokesperson Unathi Binqose said the legislation already applied to provincial traffic operations in Mthatha, including the weighbridge, Komani, Wilsonia, Zwelitsha, Struandale, Maluti, Nqanqarhu (Maclear), KwaBhaca (Mount Frere), eMaxesibeni (Mount Ayliff), Xamdeboo (Aberdeen), Robert Sobukwe Town (Graaff-Reinet), Steynsburg and Maletswai (Aliwal North).
The South African National Taxi Council (Santaco) in the Eastern Cape has welcomed the introduction of the system but said aspects of its implementation remained a concern for taxi owners.
Provincial co-ordinator Maliviwe Mpeqeka said the association supported measures aimed at improving road safety but believed more consultation was needed, particularly around how infringements involving commercial vehicles would be handled.
He said taxi owners were concerned they could ultimately bear the consequences of offences committed by employed drivers.
“What I want is for drivers to be booked [for driving offences] according to their licences, not the vehicle owner, because paying for car issues such as seatbelts and handbrakes is fine for me as the vehicle owner; but we think that this Act is OK because we are all using these roads,” he said.
Salga argued municipalities were not ready for implementation and that the regulations placed an unsustainable financial burden on local government.
However, the Gauteng high court dismissed the application after finding the association had failed to establish urgency and had not demonstrated that it was authorised to litigate on behalf of municipalities.
Motorist Lukhanyo Giqwa said he supported measures aimed at improving road safety but was unconvinced the new system would be effective without broader enforcement.
“I think it could work, but I do not yet quite see the consequences of this; I do not see them as effective,” he said.
Buffalo City said it would launch a public awareness campaign before the system was implemented locally, with Buku saying the municipality hoped the legislation would improve compliance with traffic laws and make roads safer.
Daily Dispatch
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