Comment on proposed amendment of the AARTO Act and Regulations

On 7th December 2015, The Department of Transport published yet another gazette (# 39482), in an attempt to amend the Administrative Adjudication of Road Traffic Offences Act (the AARTO act), whereby they wish to include e-Toll infringements into the adjudication process by the Road Traffic Infringement Agency (RTIA).

It is not surprising this took place over the holiday period.

Nonetheless, this gazette seeks to modify the infringement notice process in order to accommodate multiple entries onto single pages of their infringement notification (AARTO 03e) form.

The main purpose of this change is to accommodate the inclusion of outstanding e-Toll bills into the normal traffic fine & violations process. By doing so, the entire infringement notification process becomes impractical and almost un-administrable. In addition, the authorities seek to have these notices served on you via ordinary mail, e-mail, or even SMS – in accordance with an earlier Gazette (# 36613) submitted in June 2013, but not put into place until now, which is a matter that Parliament will consider approving in due course.

This latest Gazette (# 39482), is regarded as impractical and in our opinion, unconstitutional for the following reasons:-

  1. They do not provide proof that your vehicle was at the scene of the incident noted, in that there is no photograph of your vehicle for each and every infringement listed.
  2. There is also an absence of a unique reference number per incident, which is required for dispute resolution purposes.
  3. The magisterial district per incident is also not listed, which is again required for dispute resolution purposes.

These are just three of the concerns we believe should be addressed by the public, as regards this latest gazette (#39482). In addition, the notification processes (via ordinary mail, e-Mail or SMS) as proposed by the earlier Gazette (#36613) provides no proof the public ever having received these and must also be raised as a serious concern.

We encourage the public to submit comments in relation to Gazette # 39482. A copy of the Government Gazette can be found here and OUTA’s submission here.

To assist the public, we have provided a pre-populated e-mail form (see below), which will send your submission to the respective authorities and will automatically send a copy to yourself as well as to OUTA.

We suggest you include your own specific reasons for your objections (or support) to the proposed changes. Feel free to extract parts of OUTA’s submission or points noted above, if indeed these resonate with you.

Please also send this message on to others and encourage their participation herein. The public has until Wednesday 6th January 2016 to comment. The more active we are as citizens (in a responsible way), the more hard-pressed the authorities become to force questionable and unworkable regulations into being.

121312 submissions sent to the DoT as of 1:00pm Mon, 1 Feb 2016

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In response to the proposed legislation amendment in gazette #39482