Fines4U, a traffic infringement management specialist, has written to Transport Minister Barbara Creecy to address procedural compliance issues within the AARTO system before it expands next month.
The company has called on the minister and the Road Traffic Infringement Agency (RTIA) to resolve the issues that could affect motorists under the Administrative Adjudication of Road Traffic Offences (AARTO) Act.
Beyond this, Fines4U has also submitted formal correspondence requesting the conclusion of outstanding matters linked to a 2017 High Court order before the next phase of implementation proceeds.
It requested that the matter of Fines4U (Pty) Ltd and Another v Deputy Registrar, Road Traffic Infringement Agency and Others be addressed no later than 1 July 2026.
“Compliance with that order would remove a significant legacy obstacle and help build the trust necessary for the national system to succeed,” the company said in a letter sent to the Transport Minister.
Fines4U noted that unresolved procedural shortcomings create difficulties for motorists seeking to exercise their rights through the mechanisms provided for under the AARTO Act.
“The matter comes at a time when public attention is focused on the expansion of AARTO into additional municipalities, bringing millions of motorists under the administrative enforcement framework for the first time,” it said.
While the public continues to debate the practical implications of the rollout, Fines4U notes that equal attention should be paid to whether the administrative procedures prescribed by the legislation are being applied consistently.
“At the centre of the issue is the question of what happens when the procedural requirements set out in the AARTO Act and Regulations are not followed,” the company said.
Furthermore, Fines4U’s legal representatives argue that infringement notices and enforcement orders should not proceed if the issuing authority or the agency failed to comply with the prescribed processes.
It added that matters handled in a manner where statutory requirements have not been met should be cancelled or revoked.
The company clarified that its concerns are not directed at the objectives of AARTO itself – which it supports – but rather at the consistent application of the legislation.
Ongoing procedural inefficiencies
Fines4U owner Cornelia van Niekerk explained that South Africa’s motorists are expected to comply with the requirements of the AARTO Act, and rightly so.
“The purpose of AARTO is to improve road safety, encourage accountability and create a more efficient administrative process. We support those objectives fully,” she said.
“However, confidence in the system depends on all parties adhering to the same legal and procedural standards.”
Fines4U continues to encounter instances where prescribed procedures are allegedly not followed, leading to motorists encountering difficulties exercising rights afforded to them under the legislation.
This includes the ability to lodge representations and have matters considered through the act’s prescribed administrative processes.
To address this, the company has called on the RTIA to provide clarity on how procedural irregularities will be addressed as implementation expands and outstanding compliance concerns will be resolved.
Fines4U also encourages motorists and fleet operators to understand both their obligations and their rights under AARTO.
It adds that they should ensure that the relevant notices have been issued and processed in accordance with the prescribed procedures before making payment decisions or taking further action.
“As South Africa enters the next phase of AARTO implementation, the focus should not only be on enforcement, but on ensuring that the system operates lawfully, consistently and fairly,” noted Van Niekerk.
“Motorists are expected to comply with the law, and authorities should be held to the same standard.”
With the rollout expected to expand in July, several questions regarding procedural compliance, administrative fairness and public confidence remain in the national conversation around the act.
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