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Sunday / 24 October 2021
HomeFeaturesHow fines will be served under the new Aarto driving laws

How fines will be served under the new Aarto driving laws

The Department of Transport recently announced the introduction of the Administrative Adjudication of Road Traffic Offences (Aarto) regulations.

The new regulations launched on 1 July 2021, and will be rolled out using a phased approach over the next 12 months.

The first phase of the rollout will consist of establishing service outlets, with the much-debated demerit point system expected to go into operation on 1 July 2022 – as reported by BusinessTech.

Before the official commencement of all the Aarto regulations, DSC attorneys said motorists should also be aware of how fines and notices will be served under the new laws.

“Currently, traffic violations in South Africa are handled as criminal offences,” said Kirstie Haslam, partner at DSC attorneys.

“Fines are issued and progressed in accordance with the Criminal Procedure Act, and offences are prosecuted in court by the National Prosecuting Authority.

However, under the Aarto Amendment Act, a large number of traffic violations have now been decriminalized – resulting in a new process of serving fines to motorists.

Infringement notice

According to the Road Traffic Infringement Agency: “An infringement notice can either be written and issued to an alleged infringer on the side of the road, or it can be an electronic infringement issued to an alleged infringer via mail.”

Following this, the recipient has 32 days to:

  • Pay a discounted fine and incur applicable demerit points.
  • Arrange to pay the fine in instalments and incur applicable demerit points.
  • Submit a written appeal contesting the alleged violation.
  • Nominate another driver if the vehicle owner was not responsible for the infringement.

Courtesy letter

If the recipient does not respond within the first 32 days, a courtesy letter will be issued to remind them of the outstanding fine.

Following this, the recipient again has 32 days to:

  • Pay the full fine plus R200, as well as incur the applicable demerit points.
  • Submit a written appeal contesting the alleged violation.

Enforcement order

In the case where the recipient did not respond during both the previous periods, an enforcement order is issued.

This applies the needed demerit points and blocks the recipient from performing any licensing transactions on eNaTIS.

This makes it impossible for the recipient to get a new driver’s licence, a professional driving permit, or a new vehicle licence disc.

To comply with the order, the recipient must pay the full fine plus R300.

They will then have 32 days to comply with the enforcement order for it to be revoked.

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