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Written by Brenda Masilela   
Thursday, 12 February 2009

Trying to change behaviour on the roads: JMPD’s Wayne Minnaar and Gerrie Gernecke and the senior manager of Aarto Japh Chuwe

An improved and more efficient traffic law enforcement system has been adopted in Johannesburg that will lead to better driver behaviour and fewer accidents.

The CEO of the Road Traffic Management Corporation, Ranthoko Rakgoale
The CEO of the Road Traffic Management Corporation, Ranthoko Rakgoale

DRIVER behaviour and traffic law enforcement are expected to improve following the adoption of the Administrative Adjudication of Road Traffic Offences Act (Aarto) in Johannesburg on Wednesday, 10 February.

The new system was launched at the metro police department in Martindale. It was first put into practice in Tshwane in July 2008.

Aarto is designed to promote discipline and safe driving practices in road users by discouraging traffic contraventions before they happen, and to change the behaviour of motorists.

Speaking at the event, the chief executive officer of the Road Traffic Management Corporation, Ranthoko Rakgoale, explained that Aaarto introduced an improved and more efficient law enforcement system.

"The present system of dealing with traffic violations is inadequate as it doesn't address the root causes of the unlawful behaviour on our roads. Cases are known to be on the roll for long periods - in some instances up to two years - resulting in an untenable situation of justice long delayed being justice denied," he said.

Effective enforcement
"The Aaarto implementation recognises the fundamental principle that the most important catalyst in effecting an improvement in driver behaviour and law compliance is well-planned, efficient and effective law enforcement, coupled with and supported by an equally effective expeditious and just road traffic adjudication system."

Rakgoale said the purpose of the Act was "to establish a procedure for effective and expeditious adjudication of infringements, alleviate the burden on the courts of trying offenders for infringements, encourage the payment of penalties imposed for infringements and allow the alleged infringers to make representations, and to reward good behaviour by reducing the number of demerit points where they have been incurred if offences are not committed over specified period".

The demerit points system is part of Aarto, but would only be adopted later.

Under the points system, every driver starts with zero points; the maximum number of points he or she can get is 12. A person is allowed to drive until he or she has 12 points. Every point thereafter that he gets, results in a three-month suspension of his driving licence.

One point is deducted every three months if the driver obeys the law within those three months. A licence is cancelled when it has been suspended for the third time.

Japh Chuwe, the senior manager of Aarto, said the Act provided for rights and obligations, which must be exercised within set timeframes.

Deadlines
Drivers would get a 50 percent discount if they paid their fines, without making any representation or motivation, within 32 days of being served with an infringement.

Chuwe said there were other options to simply paying up quickly, such as making a representation, nominating a driver, applying to pay in instalments, or electing to be tried in court. But the most important point was that the driver must take action within that period.

"One of the key successes of Aarto implementation in Tshwane has been the reduction in the number of people electing to go to court. They simply find it easier to settle their matters administratively as provided under Aarto," added Chuwe.

By bringing the system to Johannesburg, the volume of transactions was set to increase significantly and stress testing of it would be carefully monitored before it was rolled out nationally.

"Having learned from the challenges experienced in Tshwane, the Road Traffic Management Corporation and the Joburg municipality are confident that Aarto will be successful in its key objectives of reducing the strain on the criminal justice system and reducing the number of traffic accidents."

Officers ready
Gerrie Gerneke, the director of licensing prosecution and municipal courts in the metro police, was also at the launch. "Officers are ready as well as the administration that will give support to members of the public," he said.

Although Aarto was being implemented, outstanding fines issued under the Criminal Procedure Act would remain valid until they were finalised. Only infringements issued under Aarto would be adjudicated under the new process.

Because people hate standing in long queues, Gerneke said the payment process had been simplified; there were also various ways of paying fines. Payments could be made at all the fine points, at electronic roadsides checkpoints, directly at Absa bank and electronically through the Payfine website.

For more information on drivers' rights and duties under Aarto, call 011 836 0166; for more information on Aarto legislation and processes, visit the Aarto website.

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