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AARTO launches on 1st July 2010
Commencement of certain sections of the Administrative Adjudication of Road Traffic Offences Act, 1998 (ACT no. 46 of 1998) launches on 1st July 2010 as the date on which sections 17 to 35 of the act shall come into operation in the areas of City of Cape Town, eThekwini, Ekurhuleni and Nelson Mandela Metropolitan Municipalities.
The Administrative Adjudication of Road Traffic Offences Act, 1998 is to promote road traffic quality by providing for a scheme to discourage road traffic contraventions, to facilitate the adjudication of road traffic infringements, to support the prosecution of offences in terms of the national and provincial laws relating to road traffic, and implement a points demerit system; to provide for the establishment of an agency to administer the scheme; to provide for the establishment of a board to represent the agency; and to provide for matters connected therewith. |
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Click here to download the Administrative Adjudication of Road Traffic Offences Act, 1998 (ACT no. 46 of 1998).
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HOW AARTO WORKS
In terms of the Administrative Adjudication of the Road Traffic Offences Act, 1999; a driver’s licence can be suspended when the driver runs out of points. Points will be deducted from a total of 12, depending on the severity of the offence.
VIOLATIONS WILL BE CATEGORISED IN 3 CLASSES:
1. Offences: Unlicenced driver: reckless driving (4 points)
2. Major Infringement: driving on right side of road (3) , overtaking when not allowed (3 ).
3. Infringement: Inconsiderate driving, not giving driving signals (1 point) using a cell phone while driving (2 points)
The demerit points will be computerised and recorded against the driver. Twelve or more points will result in immediate suspension of a driver’s licence. Repeat offenders, whose licences are suspended 3 times, will lose their licence and will have to re-do their tests.
INFRINGEMENT NOTICE:
On receiving, via registered mail or served in person, a ticket (formally called an Infringement Notice), you have the following options within the first 32 days:
 Pay a discounted penalty
Make a representation to the RTIA
Arrange to pay in monthly instalments
Nominate the driver of the vehicle
Elect to be tried in court
COURTESY LETTER:
After 32 days you will be served with a Courtesy Letter, requesting action within another 32 days (from the date of the Courtesy Letter). Your options are less since you cannot pay a discounted penalty any more. You will also have to pay an additional Courtesy Letter fee.
On receiving a Courtesy letter you may within 32 days:
Make a representation to the RTIA
Arrange to pay in monthly instalments
Nominate the driver of the vehicle
Elect to be tried in court
ENFORCEMENT ORDER:
If you do not respond to the Courtesy Letter, you will be served with an Enforcement Order.
The Enforcement Order will demand that you pay your penalty, plus the Courtesy Letter fee, plus an additional Enforcement Order fee, within 32 days (from the date of the Enforcement Order).
Demerit points will be allocated and recorded against your name. Once the Enforcement Order is served, you do not have any of the previous options left.
The only option available to you is to:
Apply for revocation of an Enforcement Order
WARRANT OF EXECUTION:
If you do not respond in a satisfactory manner to the Enforcement Order, a Warrant will be issued and handed to a Sheriff for immediate execution.
The Warrant may allow the Sheriff to:
Seize and sell your movable property to defray the penalty, fees and cost applicable.
Seize and deface your driving licence and/or professional driving permit.
Remove and deface the licence disks of all your vehicles.
If applicable, seize and deface the operator cards of all the vehicles for which you are the registered operator. Immobilise all your
......vehicles.
THE POINTS YOU'LL LOSE AND FINES YOU'LL GET
– Failing to keep left or encroaching on the right half of a roadway - 3 points and R1000 fine
– Not ensuring all occupants wear their seat belt - 0 demerit points and R250
– Vehicle not fitted with seat belts - 1 point and R500.
– Carrying a person for reward in the goods department - 3 and R1000.
– Motor vehicle displaying no number plates - 6 points and court.
– Going straight in a turning-only lane - 1 point and R500.
– Not yielding at a roundabout - 1 point and R500.
– Not yielding right of way at a traffic island - 2 points and R750.
– Illegal U-turn - 1 point and R500.
– Pedestrian crossing road illegally - R100.
– Not yielding to a pedestrian at a pedestrian crossing - 1 point and R500.
– Jumping a red light - 2 points and R750.
– Accelerating while being overtaken - 3 points and R1 000.
– Failure to indicate when turning or changing lanes - 1 point and R500.
– Keeping unsafe following distance - 3 points and R1 000.
– Not giving way to an emergency vehicle - 1 point and R500.
– Driving on a pavement - 1 point and R500.
– Operating a cellphone without a hands-free kit - 1 point and R500.
– Performing a wheelie on a motorcycle - 0 points and R250.
– Spinning your wheels - 3 points and R1 000.
– Tow-truck driver removing vehicle from accident scene without permission - 2 points and R750.
– Driving under the influence of alcohol or drugs - 6 points, no option of admission-of-guilt fine.
– Operating a vehicle without a licence - 4 points and R1250.
– Not having driver's licence in possession while driving - 1 point and R500.
– Failing to switch on motorcycle's lights during day - 0 points and R250.
– Failing to switch on motorcycle's lights during night - 2 points and R750.
– Using foglamps in good visibility - 2 points and R750.
– Organising a race/sport on a public road without permission - 3 points and R1000.
SPEEDING IN 60KM/H ZONE
– 71-75km/h - 0 demerit points and R250
– 76-80km/h - 1 demerit point and R500
– 81-85km/h - 2 demerit points and R750
– 86-90km/h - 3 demerit points and R1 000
– 91-95km/h - 4 demerit points and R1 250
– 96-100km/h - 5 demerit points and R1 500
– 100+km/h in a 60 zone - 6 demerit points, no option of admission-of-guilt fine.
The same scale applies to other speed zones, starting with R250 for 10-15km/h over the speed limit, with the admission-of-guilt limit set at 40km/h over the speed limit. Faster than that and you must appear in court.
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