AARTO Explained

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Welcome to the Administrative Adjudication of Road Traffic Offences (AARTO) Act website.

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On this website, you will find all the information you need to better understand this convoluted scheme, and protect yourself from its many, administratively burdensome provisions.

While the AARTO Amendment Act, which is to apply nationally is similar to the current version which applies in Johannesburg and Tshwane, it has numerous differences, the most significant of which is the introduction of “electronic service” and removing ones right to be tried by a competent court. This is why we are forced to split the two versions, as can be seen below and in the navigation bar.

IMPORTANT FACT: Astonishingly, under the AARTO scheme, you do not have the constitutional right to be presumed innocent. If a traffic official alleges that you have committed an infringement, it is up to you to prove that you have not!

BIG CHANGES TO TRAFFIC FINES IN SA COMING SOON

The Administrative Adjudication of Road Traffic Offences (AARTO) system, which streamlines traffic offences and introduces a demerit points system that could lead to suspended or cancelled licences, is expected to be rolled out across South Africa from 1 July 2024.
The Administrative Adjudication of Road Traffic Offences (AARTO) system, which streamlines traffic offences and introduces a demerit points system that could lead to suspended or cancelled licences, is expected to be rolled out across South Africa from 1 July 2024.
The AARTO system, which has been in its trial phase for several years in Johannesburg and Tshwane, is said to aim to improve road safety by addressing traffic violations more effectively and strictly.
A Constitutional Court challenge was raised to declare the AARTO legislation to be unconstitutional and invalid. However, the Constitutional Court disagreed, paving the way for the rollout of the AARTO.
“In a unanimous judgment written by me, the Constitutional Court has upheld the contentions advanced by the minister of transport, the Road Traffic Infringement Agency [RTIA] and the Road Traffic Management Corporation,” said Chief Justice Raymond Zondo.    [… read more]

 

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eNCA February 3, 2024 Drivers beware, AARTO is here and it’s coming for you. In a drive to save lives, the newly-amended AARTO Act is focused on individual driver behaviour instead of penalising companies. The new demerit system will penalise drivers who disobey the rules of the road. Eugene Herbert from MasterDrive warns drivers to adjust their behaviour before the Act is implemented.

Newzroom Afrika February 7, 2024 Various South African municipalities have raised concerns around some aspects of the AARTO Act as amended. The law, in its current form, gives the Road Traffic Infringement Authority all the rights to handle fines and traffic violations. MasterDrive MD Eugene Herbert explains this further.

EXPECT MORE ROADBLOCKS IN THE COMING WEEKS – HERE’S WHAT THE POLICE WILL BE LOOKING FOR

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Various provinces and the national Department of Transport have launched their policing campaigns for the coming long weekend, looking to clamp down on road abusers over the busy Easter period.

Thousands of motorists are expected to take to holiday destinations this weekend as South Africans celebrate religious or leisure time over the Easter weekend.

The Department of Transport, headed by Minister Sindisiwe Chikunga, launched its road safety campaign on 20 March, aiming to clamp down on abuse on the roads … [read more]

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Background

Originally passed into law in 1998, the AARTO Act has been in force for more than twelve years in the jurisdictions of the Metropolitan Municipalities of Tshwane (from 1 July 2008) and Johannesburg (from 1 November 2008). Surprisingly though, it is apparent that few people know much, if anything about the AARTO Act and how it affects them.

The AARTO Act differs entirely from the Criminal Procedure Act which has been and still is used to prosecute road traffic offences everywhere in South Africa except Johannesburg and Tshwane.

According to the Road Traffic Infringement Agency (RTIA), 51% of people surveyed at licensing centres in Gauteng in late 2017 knew nothing about the AARTO Act. This is despite the RTIA’s legislated mandate to educate motorists and the fact that the AARTO Act’s so-called “pilot” implementation is well over a decade old.

Since 13 August 2019, the AARTO Amendment Act has been in the news, with the Department and Minister of Transport, together with the RTIA telling everyone that the primary goal of the AARTO Act is to improve road safety. But even a cursory glance at it will tell you something completely different. Its real purpose is to expedite the collection of traffic fine revenues and to impose an ominous administrative burden on those who stand accused of violating traffic laws.

If you are looking for a simplified explanation on how the AARTO Amendment Act will operate nationally if/when it is implemented, please click here.

If you are looking for a simplified but practical explanation on how the currently applicable AARTO Act functions in Johannesburg and Tshwane only, please click here.

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