The Department of transport has recently published a Gazette (#39482) on 7th December 2015, which requests comment from the public before the closing date of 6 January 2016. OUTA urges the public to participate, as the amendments are impractical and infringe on the motoring public’s rights to defend themselves from an unworkable processes, if the proposed amendments to the regulations are approved.
This Gazette seeks to amend the Administrative Adjudication of Road Traffic Offences Act (the AARTO act), in an attempt to make it easier to include e-Toll infringements into the adjudication process by the Road Traffic Infringement Agency (RTIA).
OUTA believes however, that the modification to the infringement notice process through the use of a new form (AARTO 03e), is flawed in many respects as it is designed to include multiple infringement entries being included onto a single page, seemingly to assist SANRAL in trying to treat the non-payment of e-tolls as a traffic violation.
“By doing so, the entire infringement notification process becomes impractical and almost un-administrable,” says Wayne Duvenage, OUTA’s Chairman. “This new form is flawed in that it does not provide proof that the driver’s vehicle was at the scene of the incident noted, as there is no photograph provided for each and every infringement listed. There is also an absence of a unique reference number or magisterial district listed per incident, which is required for dispute resolution purposes”.
The public are urged to submit their comments to the authorities on this Gazette to Mr Sello Mokubyane (Department of Transport) at E-mail address MokubyaS@dot.gov.za or Advocate N. Thoka (Department of Transport) at E-mail address Thokan@dot.gov.za, as is publicly listed in the Government Gazette.
We have made it easy for the public to participate by providing a copy of the gazette, a copy of OUTA’s submission as well as an e-mail template, on our web site at here