The phased introduction of the Administrative Adjudication of Road Traffic Offences (AARTO) Act is set to be begin later this year. The system introduces a demerit process for traffic infringements.
However, it faces significant challenges and criticism. Many argue the system is unconstitutional and ineffective. The City of Cape Town has even initiated a legal process to opt out.
The AARTO system aims to improve road safety by assigning demerit points for various traffic offences. A driver’s licence will be suspended if they accumulate too many points. Despite these goals, experts question its effectiveness. They point to flaws in the system’s design. These flaws could undermine its ability to reduce road fatalities.
One major concern is the lack of an amnesty period. The Road Traffic Infringement Agency (RTIA) confirmed this. Past traffic fines will not be cleared before the new system starts. This means many drivers will begin with existing infringements. This could create immediate administrative and financial burdens for motorists.
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Logistical and legal hurdles
The rollout has been delayed multiple times. It was originally planned for July 2024. The delay is due to the need for regulatory changes. The RTIA must finalise these before implementation. These include new rules for rehabilitation programmes. Drivers will need these to reduce their demerit points.
The City of Cape Town is a prominent opponent. The city has formally requested to be exempted from the AARTO system. It argues that the new law infringes on its municipal powers.
Cape Town believes its own traffic management strategies are more effective. The city is prepared for a legal battle if its request is denied. This opposition highlights the deep divisions over the new law.
Furthermore, business and freight organisations have voiced concerns. They argue the AARTO system will create administrative challenges. Companies with large vehicle fleets will be particularly affected as they must manage infringements for all their drivers, adding a complex layer of compliance and potential costs.
Image via Jerry.
