AARTO
What Is AARTO?
AARTO stands for Administrative Adjudication of Road Traffic Offences. Parliament approved The Administrative of Road Traffic Offences (AARTO) Act, No. 46 of 1998, and since that point several new amendments have been added. The AARTO Act administration has replaced the National Road Traffic Act or NRTA, which administered the regulations using the Criminal Procedure Act of 1977. Though it sounds like it, the AARTO is not a replacement for NRTA, instead it becomes the administrator for NRTA.
What AARTO Means
AARTO administers the NRTA, and this changes the process. If a fine or summons is received, you can not follow the old process and go to the public prosecutor. Forms must be completed and submitted to AARTO, and additional fees can be added for this process dependent on the outcome of the case.
Facts And Information About AARTO
AARTO started as a pilot program in Tshwane on July 16, 2008. The pilot grew to include Johannesburg, and the rest of South Africa will follow in 2009. The website www.aarto.co.za is the official website for AARTO, and information and downloadable forms can be found here. The domain extension is interesting, because it shows that AARTO has a commercial website and not an official government website with the domain gov.za.
The AARTO Act is complex, but there are some things that many motorists should understand about this act. The fines and fine structures will be standardized across South Africa, and there will be a licensing system in place for drivers which uses demerits, similar to those found in the rest of the world, including Europe.
The AARTO system is overly complicated, and intended to encourage quick payment of fines at the expense of the rights of motorists.
The System Before AARTO
Before AARTO came into effect, it was possible to talk to the public prosecutor and discuss the fines and circumstances. This would result in fines being lowered or dismissed completely. In areas where AARTO is in effect, this is no longer possible. The old system caused municipal entities to lose revenue, and many prosecutors were perceived as reluctant to prosecute minor offenses.
Before AARTO, fines were determined by the magistrate who had jurisdiction, and the fines could vary. With AARTO this is not the case, and the standard speed fines assessed now are normally more than double the fines under the old system. This is probably why the system under AARTO offers a fifty percent discount if fines are paid promptly.
The Main Purpose Of AARTO And The Consequences
The intent of AARTO is to streamline the entire process of fine collection, to help ensure more income and less debt that is bad. AARTO infringement notices that are not complied with can have serious consequences.
AARTO And Demerit Points
Demerit points will soon become a very real part of AARTO, and this means that fines and monetary costs will no longer be the only issue. Every infringement will still carry fines, but in addition demerit points will be assessed as well.
Each driver will start out with no points. The maximum number of demerit points a driver may receive is twelve. After twelve points, each additional point will mean a suspension of driving privileges for a three month period.
AARTO allows for one point reduction every three months, as long as no new offenses are committed during this three month period. If three suspensions of the driving license occur then the license will be canceled.
The Problem With AARTO
The demerit system used by AARTO has merit, but the problem lies with enforcement. The system is not being used to encourage motorists to drive in a responsible manner, rather it is being used to generate revenue instead.
The AARTO encourages drivers to pay their fines in a fast manner, so that the fine due is half of the amount assessed. This has led to criticism that the AARTO pilot program is trying to train motorists to pay fines, both valid and those which are false, instead of trying to fight or dismiss false and invalid fines. Once the AARTO pilot program is over, the demerit system will come into play and drivers will find themselves with a suspended license even if the fines are paid on time. This will leave many drivers stranded, relying on friends and public transportation methods.
AARTO Options
AARTO offers a number of options for infringement notices. These include:
The AARTO Demerit System Changes Everything
With the demerit system under the AARTO, it is no longer just a matter of money. Fines are accompanied by demerits, and it has become a revenue generating enterprise that is commercial and has nothing to do with road and driving safety. Laws are not amended quickly, so this system will be in place for a while. The AARTO demerit system may cause drivers to lose driving privileges and vehicles, have property seized, and even be homeless thanks to bad credit when these fines are listed with credit bureaus.
Until proven innocent the AARTO system assumes the driver is guilty. Look at all of the available options, and seek competent legal advice in the matter. Too many drivers pay fines which are not valid and would be dismissed, simply to get the fifty percent discount. With the AARTO demerit system in effect, this could cost a large number of people a driving license, and the cost of legal advice may be warranted. Otherwise you may not be able to drive, and could lose your job, your home, and all your possessions because of this.
The point status of a driver can not be verified online. This requires an official AARTO form to be filled out and turned in to a licensing authority. A fee is also required along with the form, so you will have to pay to make sure there are no mistakes in your point history. The AARTO does not benefit motorists or municipalities, it benefits a commercial enterprise and not the government as many drivers believe.
AARTO stands for Administrative Adjudication of Road Traffic Offences. Parliament approved The Administrative of Road Traffic Offences (AARTO) Act, No. 46 of 1998, and since that point several new amendments have been added. The AARTO Act administration has replaced the National Road Traffic Act or NRTA, which administered the regulations using the Criminal Procedure Act of 1977. Though it sounds like it, the AARTO is not a replacement for NRTA, instead it becomes the administrator for NRTA.
What AARTO Means
AARTO administers the NRTA, and this changes the process. If a fine or summons is received, you can not follow the old process and go to the public prosecutor. Forms must be completed and submitted to AARTO, and additional fees can be added for this process dependent on the outcome of the case.
Facts And Information About AARTO
AARTO started as a pilot program in Tshwane on July 16, 2008. The pilot grew to include Johannesburg, and the rest of South Africa will follow in 2009. The website www.aarto.co.za is the official website for AARTO, and information and downloadable forms can be found here. The domain extension is interesting, because it shows that AARTO has a commercial website and not an official government website with the domain gov.za.
The AARTO Act is complex, but there are some things that many motorists should understand about this act. The fines and fine structures will be standardized across South Africa, and there will be a licensing system in place for drivers which uses demerits, similar to those found in the rest of the world, including Europe.
The AARTO system is overly complicated, and intended to encourage quick payment of fines at the expense of the rights of motorists.
The System Before AARTO
Before AARTO came into effect, it was possible to talk to the public prosecutor and discuss the fines and circumstances. This would result in fines being lowered or dismissed completely. In areas where AARTO is in effect, this is no longer possible. The old system caused municipal entities to lose revenue, and many prosecutors were perceived as reluctant to prosecute minor offenses.
Before AARTO, fines were determined by the magistrate who had jurisdiction, and the fines could vary. With AARTO this is not the case, and the standard speed fines assessed now are normally more than double the fines under the old system. This is probably why the system under AARTO offers a fifty percent discount if fines are paid promptly.
The Main Purpose Of AARTO And The Consequences
The intent of AARTO is to streamline the entire process of fine collection, to help ensure more income and less debt that is bad. AARTO infringement notices that are not complied with can have serious consequences.
- If an AARTO infringement notice is not paid within thirty two days, this will result in a Courtesy Letter. In addition, no discount is possible and additional fees for the courtesy letter may apply.
- If the Courtesy Letter is not complied with in thirty two days, an Enforcement Order will be issued. This will cost additional fees for both the courtesy letter and the enforcement order, as well as the loss of the discount option.
- If the Enforcement Order is not complied with, A Warrant can be issued, and executed by the sheriff. This can cause a number of things to happen to the offending motorist.
- Movable property can be seized and sold to cover the cost of the fines, penalties, and additional fees imposed.
- Any professional or driving licenses may be seized or defaced under the AARTO process.
- The license disk of the vehicle owned by individual may be removed.
- The operator card of the offender may be seized or defaced.
- The vehicles may be immobilized until the fines and fees are paid to AARTO.
- The offending driver may be reported to credit bureaus.
AARTO And Demerit Points
Demerit points will soon become a very real part of AARTO, and this means that fines and monetary costs will no longer be the only issue. Every infringement will still carry fines, but in addition demerit points will be assessed as well.
Each driver will start out with no points. The maximum number of demerit points a driver may receive is twelve. After twelve points, each additional point will mean a suspension of driving privileges for a three month period.
AARTO allows for one point reduction every three months, as long as no new offenses are committed during this three month period. If three suspensions of the driving license occur then the license will be canceled.
The Problem With AARTO
The demerit system used by AARTO has merit, but the problem lies with enforcement. The system is not being used to encourage motorists to drive in a responsible manner, rather it is being used to generate revenue instead.
The AARTO encourages drivers to pay their fines in a fast manner, so that the fine due is half of the amount assessed. This has led to criticism that the AARTO pilot program is trying to train motorists to pay fines, both valid and those which are false, instead of trying to fight or dismiss false and invalid fines. Once the AARTO pilot program is over, the demerit system will come into play and drivers will find themselves with a suspended license even if the fines are paid on time. This will leave many drivers stranded, relying on friends and public transportation methods.
AARTO Options
AARTO offers a number of options for infringement notices. These include:
- Paying the fine immediately. This option offers a fifty percent discount on the fines levied. This option is valid for thirty two days after the infringement notice is issued, and will result in demerit points being issued.
- Choose installment payments. To choose this option you must apply to install in payments, and your application may be rejected. Whether your application is accepted or rejected, you will lose the fifty percent discount and will have the demerits added to your license.
- AARTO allows you to nominate the actual driver. Fill out the two page form, and give someone else the fines and demerits. The problem with this is that many drivers do not become aware of an infringement for months, and then do not remember who was driving the vehicle at the time. In Europe it is common for the driver to pay for another person to incur the points. Some good drivers can make a bundle by allowing the demerits on their license, instead of the actual driver. Whether the nomination is accepted or rejected, there is a fee payable just for nominating another driver.
- AARTO allows the driver to make a representation. This option also includes a form that runs two pages. There is little room on this form for the reason you are making a representation. Documentation supporting your case must be attached, but you are not allowed to verbally plead your case or appear. An AARTO employed attorney will consider the application and make a decision. If the decision dismisses the infringement it is over. If not, you lose the discount, pay the fines and fees, receive the demerit points, and pay an additional fee of two hundred rand for administrative costs.
- Choose a court trial. Simply fill out the one page form, and then wait. You will receive a summons, and plan to spend most of the day in court. If you win, there is no costs or demerits. If you lose, there is no discount, you must pay the fees, and you will get demerit points. Sometimes this is the best option.
- Ignore the AARTO notices. This method is not advised, and is a terrible idea. This can lead to more fees and costs, a warrant which allows the sheriff to seize any property you own, a bad credit rating because of a listing with credit bureaus, and an arrest and jail time if you get caught in a roadblock short on cash.
The AARTO Demerit System Changes Everything
With the demerit system under the AARTO, it is no longer just a matter of money. Fines are accompanied by demerits, and it has become a revenue generating enterprise that is commercial and has nothing to do with road and driving safety. Laws are not amended quickly, so this system will be in place for a while. The AARTO demerit system may cause drivers to lose driving privileges and vehicles, have property seized, and even be homeless thanks to bad credit when these fines are listed with credit bureaus.
Until proven innocent the AARTO system assumes the driver is guilty. Look at all of the available options, and seek competent legal advice in the matter. Too many drivers pay fines which are not valid and would be dismissed, simply to get the fifty percent discount. With the AARTO demerit system in effect, this could cost a large number of people a driving license, and the cost of legal advice may be warranted. Otherwise you may not be able to drive, and could lose your job, your home, and all your possessions because of this.
The point status of a driver can not be verified online. This requires an official AARTO form to be filled out and turned in to a licensing authority. A fee is also required along with the form, so you will have to pay to make sure there are no mistakes in your point history. The AARTO does not benefit motorists or municipalities, it benefits a commercial enterprise and not the government as many drivers believe.
