Road Traffic Infringements

Presentation to the Portfolio Committee on Transport

08 June 2004

Contents of the Presentation

• Background to AARTO

• Challenges with implementation

• Work in Progress

• Issues to be factored in determining the way forward

• Proposed way forward

Background• The research conducted by the Department of

Transport indicates that 511 605 traffic accidents occur annual on our roads, of these 80% are as a result of driver related factors.

• These accidents cost the government in excess of R 13 billion per annum.

• Our research suggests that only 28% of the issued fines are collected.

• The state losses an amount to R755 million in uncollected fines.

Background (2)

• Publishing of the AARTO Act – 11 Sept. 1998

• Publishing of draft regulations – 14 May 1999

• Aims of the Act:– Improving fine collection– Streamlining the legal process– Discouraging repeat offenders

Challenges• Cabinet’s view on the need to halt the

proliferation of Agencies.

• Suggestion by National Treasury that the RTIA should be established as a component within the DoT

• No clarity on the legality of establishing the RTIA as a component of the DoT or the RTMC

• A firm policy directive is needed to determine the way forward

Work-in-Progress• National Treasury approached in regard to the listing

of the RTIA - unsuccessful• A programme and budget established at the DoT

to host this function• A feasibility study developing options on the

establishment of the RTIA as a been completed. The ff. are the three possible options for the ‘operationalisation’ of AARTO:– Establish RTIA as per the promulgated legislation– Amend legislation to provide for the integration of RTIA

functions with the DoT– Amend legislation to provide for the integration of RTIA

functions within the RTMC

Issues for Consideration

• Implications of options 2 & 3:– They require yet another change in the

legislation

– There will be a delay associated with the process of amending the Act

– The RTMC and/or the DoT, depending on the option, may be seen as both referee and player

Proposed Way Forward• Apprise the Minister on the three options

mentioned above, discuss the implications of each.• Obtain legal opinion to determine legality of RTIA

establishing the RTIA as part of the RTMC or the DoT

• Depending on the decision of the Minister, initiate a process for the amendment of the RTIA and/or the RTMC Act

• Obtain Cabinet approval of required legislative amendments

• Develop a project plan and dedicate resources to this project

• Commence with implementing the RTIA