The AARTO Amendment Bill, 2015

Before making any comments whatsoever on the contents of the AARTO

Amendment Bill, 2015, it is essential that you download the actual document and
read it. You can do so at http://www.gov.za/documents/administrative-adjudicationroad-traffic-offences-amendment-bill-b38-2015-30-nov-2015-0000
Dont be intimidated.
Pages 2 through 5 deal with the proposed amendments to the AARTO Act and are
numbered with the clause numbers 1 through 13. In addition, many clauses have
one or more a sub-clauses. As is always the case in legislative amendments, the
document contains amendments, insertions and deletions of wording and provisions.
Where a particular Section of the Act is deleted in its entirety, it is stated that the
provision is repealed.
Where deletions of certain wording are contemplated, the deleted wording is
contained in [bold square brackets] while insertions are underlined. Anything which
is not annotated as described is what currently exists.
In our roadmap below, we have, as far as it is possible, replicated what is contained
in the AARTO Amendment Bill by simplifying it for you. We do this by showing you
what the current provision/s reads and then showing you how it will be changed if the
amendment is passed into law. We do so by showing you the current wording in
black italics and showing the new wording in green italics.
Where we feel you need to be made aware of something, we insert a bullet point and
list our comments there. This is not to be interpreted as us attempting to influence
your views and we do so merely to point out salient points we feel you should
consider.

AARTO Amendment Bill Roadmap

Page 2
Page 2 of the AARTO Amendment Bill, 2015 contemplates the preamble to the
purpose of the Bill and then lists clause 1 of the proposed amendments to Section
(1) of the Act which deals with the definitions contained in the AARTO Act.

Clause 1(a) seeks to amend the wording of sub-definition (f) under acceptable
identification which deals currently reads:
a photocopy of the applicable certificate or document referred to in
paragraphs (a) to (e)
to read
a clear, legible and certified copy of the applicable certificate or document
referred to in paragraphs (a) to (e).
Clause 1(b) deletes the word agency and its definition.
Clause 1(c) inserts a further definition of Authority after the term authorised
officer as follows:
Authority means the Road Traffic Infringement Authority, established in terms
of section 3.

It is suggested that you should not be too concerned what the RTIA is called,
etc. since this will not affect you personally.

Clause 1(d) seeks to insert a new definition entitled electronic service below the
definition disqualification period and reads as follows:
electronic service means
(a) communication by means of data messages, including data attached to,
incorporated in or logically associated with, other data that may be
electronically retrieved;
(b) e-mail messages between the Authority and an addressee in an electronic
communication format; or
(c) text messaging by the Authority to the recipients cellular telephone;

It is suggested that you consider this proposed definition very carefully since
its practical application will most certainly have an effect on you. Almost every
process defined in the AARTO Act is entirely reliant on the service of
documents, however the presumption in Section 30(2) of the Act

(contemplated later herein) holds that a document is deemed to be served on

the tenth day after it was sent.

While modernisation and progresses in technology have introduced more

convenient electronic methods of communication, they have also introduced a
host of possibilities for criminal syndicates to scam people.

An AARTO 03 infringement notice comprises no less than 6,400 characters.

GSM cellular SMS messages are limited to 180 characters. Smartphones
allow for unlimited characters, but not everyone has a smartphone.

Clause 1(e) seeks to amend the definition of infringement from:

infringement means a major or a minor infringement
to read:
infringement means any act or omission in contravention of this Act or
road traffic legislation.
Clauses 1(f) trough 1(h) seek to delete the definitions of major infringement,
minor infringement and national contraventions register which currently
read as follows:
major infringement means an offence categorised as a major
infringement under section 29 (a);
minor infringement means an offence categorised as a minor
infringement under section 29 (a);
national contraventions register means the National Traffic Information
System on which the offence details of every individual are recorded in terms
of this Act.
Clause 1(i) seeks to insert a definition after the definition of Minister to read as
follows:
National Road Traffic Offences Register means the National Road Traffic
Offences Register administered by the Authority in which the details of
infringements and offences of every infringer are recorded;

Clause 1(j) seeks to amend the definition of a representations officer which

currently reads:
representations officer means a person contracted by the agency in
terms of section 5 or appointed by the Registrar in terms of section 10 to
consider representations submitted by any person who, after having
committed a minor infringement, elects to make a representation.
to read:
representations officer means a person appointed in terms of section 10
to adjudicate on representations contemplated in section 18.

Page 3
Page 3 of the AARTO Amendment Bill, 2015 contemplates further definitions
amendments and then goes on to list clauses 2, 3, 4 and 5.

Clause 1 deals with Section 4 of the AARTO Act which is titled Objects and
functions of agency.
Clause 2(a) seeks to delete paragraph (e) under subsection (2) which currently
reads:
(e) issuing a warrant in terms of section 21 against an infringer who has failed to
comply with an enforcement order;
Clause 2(b) and (c) seeks to amend the wording of subsection (3) which will be
affected by the deletion of paragraph (c) which currently reads:
executing a warrant in terms of section 21 against an infringer who has failed
to comply with an enforcement order.

Clause 3 deals with Section 13 of the AARTO Act which is entitled Financing of
agency and inserts an additional revenue source for the Authority by inserting
paragraph (dA) which is proposed to read:

(dA) penalties issued and collected by or on behalf of an issuing authority;

and

Clause 4 deals with Section 15 of the AARTO Act which relates to the banking
account of the RTIA and seeks to amend its wording from:
The agency may, with the approval of the Director-General, open and
maintain one or more accounts with a bank registered finally as a bank in
terms of the Banks Act, 1990 (Act No. 94 of 1990), in which must be
deposited the money received by the agency and from which payments by it
or on its behalf may be made.
to read:
The Authority may, with the approval of the Board, open and maintain one or
more accounts with a bank registered as a bank in terms of the Banks Act,
1990 (Act No. 94 of 1990), in which must be deposited money received by the
Authority and money received from issuing authorities, driving licence testing
centres and registering authorities, and from which payments by [the Authority
or on its behalf may be made.

Clause 5(a) through (c) deals with Section 19B of the AARTO Act which relates to
payments and removes subsections (a) and (b) of subsection (1) which currently
read:
If an infringer makes an insufficient payment to the agency in terms of
this Act in respect of a fine or the cheque used for payment is
dishonoured, a notice as prescribed must be served on the infringer,
informing him or her
(a)

that the full amount owed, including the prescribed fee for
the notice, must be paid within 32 days of service of the
notice; and

(b)

that failure to comply with the notice contemplated in

paragraph (a) will lead to a warrant being issued against
him or her in terms of section 21.

and replaces them with:

If an infringer makes an insufficient payment to the agency in terms of this Act
in respect of a fine or the cheque used for payment is dishonoured, a notice
as prescribed must be served on the infringer, informing him or her that the
full amount owed, including the prescribed fee for the notice, must be paid
within 32 days of service of the notice.

Page 4
Page 4 of the AARTO Amendment Bill, 2015 contains clauses 6 through 9.

Clause 6 deals with Section 20(3) of the AARTO Act which is applicable to the
enforcement order and the amendment of the wording of subsection (3) to delete
the further subsections (a) and (b) which currently reads:
An enforcement order must
(a)

state that the infringer on whom it is served may, not later than 32
days after the date of service of the order, pay the penalty,
representations fee and the fees of the courtesy letter, if any, and
the prescribed fee of the enforcement order to the agency at the
specified place and in the specified manner, and that the
prescribed demerit points will be recorded in the national
contraventions register; and

(b)

state that a failure to comply with the requirements of the

enforcement order within the period contemplated in paragraph
(a) will result in a warrant being issued to recover the applicable
penalty and fees.

into the singular new wording

An enforcement order must state that the infringer on whom it is served may,
not later than 32 days after the date of service of the order, pay the penalty,
representations fee and the fees of the courtesy letter, if any, and the
prescribed fee of the enforcement order to the agency at the specified place

and in the specified manner, and that the prescribed demerit points will be
recorded in the National Road Traffic Offences Register.

Essentially, all this amendment does is to remove the threat of a warrant of

execution being issued against you.

Clause 7 deals with Section 21 of the AARTO Act which contemplates a warrant.
This warrant should not be confused with a criminal warrant of arrest since it referred
to a civil warrant of execution.
This amendment repeals Section 21 of the AARTO Act and therefore removes the
possibility of a civil warrant of execution for the seizure of your goods should you not
pay an AARTO infringement notice.

Clause 8 deals with Section 22 of the AARTO Act, which is entitled Trial. It is
important to note that this section does not contemplate a criminal trial for offences
defined as a criminal offence in Schedule 3 of the AARTO Regulations. In fact, the
issuing of criminal summonses for offences is not contemplated anywhere in the
AARTO Act.
Section 22(1) of the AARTO Act currently reads:
If
(a)

an infringer elects to be tried in court

(i)

under section 17 (1) ( f ) (iv), the issuing authority must

cancel the infringement notice; or

(ii)

under section 18(1)(c) or 19(2)(b)(iii), the agency must

inform

the

issuing

authority

who

must

cancel

the

infringement notice; or
(b)

the execution of a warrant in terms of section 21(1) produces no

movable property to seize and sell or the infringer otherwise fails
to comply with the enforcement order after the execution of the
warrant, the agency must cancel the infringement notice, and the
issuing authority must prepare a summons in terms of the
Criminal Procedure Act, 1977 (Act No. 51 of 1977).

and the issuing authority must issue a summons in terms of the Criminal
Procedure Act, 1977 (Act No. 51 of 1977)
and replaces it with:
If an infringer elects to be tried in court
(i)under section 17 (1) ( f ) (iv), the issuing authority must cancel the
infringement notice; or
(ii)

under section 18(1)(c) or 19(2)(b)(iii), the Authority must inform the

issuing authority who must cancel the infringement notice,

and the issuing authority must issue a summons in terms of the Criminal
Procedure Act, 1977 (Act No. 51 of 1977).

Clause 9 deals with Section 30 of the AARTO Act which is entitled Service of
documents.
Clause 9(a) proposes to amend the current wording of subsection (1) from:
Any document required to be served on an infringer in terms of this Act, must
be served on the infringer personally or sent by registered mail to his or her
last known address
to read as follows:
Any document required to be served on an infringer in terms of this Act, must be
served on the infringer as prescribed including by postage or electronic service.

It is suggested that this amendment will have a direct impact upon you and
therefore, you should consider what is being proposed very carefully and
consider making your own submission on it.

Clause 9(b) proposes to amend the current wording of subsection (2) from:
A document which is sent by registered mail in terms of subsection (1), is
regarded to have been served on the infringer on the tenth day after the date
which is stamped upon the receipt issued by the post office which accepted

the document for registration, unless evidence to the contrary is adduced,

which may be in the form of an affidavit.
to read as follows:
A document which is sent in terms of subsection (1), is deemed to have been
served on the infringer on the tenth day after posting the said document or of the
electronic service, and such electronic service reflected in the National Road
Traffic Offences Register, unless evidence to the contrary is adduced, which may
be in the form of an affidavit.

It is suggested that that this amendment will also have a direct impact upon
you and therefore, you should consider what is being proposed very carefully
and consider making your own submission on it.

Page 5
Page 5 of the AARTO Amendment Bill, 2015 contains clauses 10 through 13.

Clause 10 deals with the amendment of Section 32 of the AARTO Act which is
entitled Apportionment of penalties. It proposes to amend subsections (1) and (2)
and inserts two further subsections (2) and (3).
Subsection (1) currently reads:
Any penalty received by the agency in terms of this Act must be paid over
monthly, after deduction of an amount equal to the discount contemplated in
section 17 (1) (d), to the issuing authority under whose authority the
infringement notice was issued, and if it was not issued under the authority of
such authority, to the issuing authority within whose area of jurisdiction the
infringement was committed.
and is proposed to be amended to read:
Any penalty received by the Authority in terms of this Act must, as prescribed, be
paid over to the issuing authority that issued the infringement notice, after
deduction of an amount equal to the discount contemplated in section 17(1)(d).

It is suggested that who gets what portion of the penalty (fine) paid by an
infringer is not of much interest to the ordinary person.

Subsection (2) currently reads:

Any fine received in respect of any conviction under the national laws,
provincial laws or municipal laws relating to road traffic, must be paid over
monthly to the issuing authority under whose authority the infringement notice
was issued, and if it was not issued under the authority of such authority, to
the issuing authority within whose area of jurisdiction the infringement was
committed.
and is proposed to be amended to read:
Any prescribed fees or monies contemplated in section 13(1)(dA) collected by or
on behalf of the issuing authority in terms of this Act must, as prescribed, be paid
to the Authority.

It is again suggested that who gets what portion of the penalty (fine) paid by
an infringer is not of much interest to the ordinary person.

It is then proposed that subsection (3) be inserted as follows:

The penalty referred to in subsection (1) may be withheld by the Authority where
there is evidence of non-compliance with this Act, until such time that the Act is
complied with to the satisfaction of the Authority.

This proposed insertion has obviously arisen out of the noncompliance of the
Johannesburg Metropolitan Police Department (JMPD) with the current
Section 30(1) of the AARTO Act by posting documents by ordinary domestic
mail as opposed to serving by registered mail which occurred from 1 April
2010 to 21 December 2012 (30 months).

This violation of the prescripts of the Act was only halted due to the complaint
that JPSA brought to the Public Protector in June 2011, which in turn resulted
in mounting political pressure from opposition parties in Parliament. In
December 2014, the Public Protector found the City of Johannesburg and the
JMPD to have engaged in maladministration.

What you need to consider about this provision is the fact that the Authority
(RTIA) is NOT the sole point of payment available to alleged infringers.
Issuing authorities may and often do receive direct payment.

You also need to consider whether you regard the RTIA withholding payment
to the issuing authority until such time as it complies with the Act (and then
paying them over to them) is sufficient sanction to deter unlawful practices by
issuing authorities.

Finally, it is proposed that subsection (4) is inserted as follows:

Despite any other law, any monies received in respect of any conviction under
the applicable road traffic legislation must be disbursed as prescribed.
Clause 11 deals with the amendment of Section 35 of the AARTO Act which is
entitled Transitional provisions and proposed to amend subsection (1) from:
Any notice issued in terms of section 56 or 341 of the Criminal Procedure Act,
1977 (Act No. 51 of 1977), before the date of commencement of section 17,
may be continued and finalised under that Act, but no such notice may be
issued after that date in respect of an offence or infringement.
to:
Any notice issued in terms of section 56 or 341 of the Criminal Procedure Act,
1977 (Act No. 51 of 1977), before the date of commencement of section 17,
may be continued and finalised under that Act, but no such notice may be
issued after that date in respect of an infringement.

Clause 12 deals with the proposed substitution of certain words and expressions
and changes the name of the Road Traffic Infringement Agency to the Road Traffic
Infringement Authority, as well as changing the name of the National
Contraventions Register to National Road Traffic Offences Register.

These two technical issues do not affect you directly.

Clause 13 merely renames the Bill to read Administrative Adjudication of Road

Traffic Offences Amendment Act, 2015.

Again, this issue does not affect you directly.