Electing to be tried in Court

One of the currently available options afforded to an alleged infringer is to elect to be tried in Court. If he or she does not do so, he or she will never be summoned to Court, unless a warrant of execution produces no movable property to sell. The AARTO Amendment Act seeks to entirely do away with trials and replace them with forced written representations, a part time Tribunal and appeal/review applications in the Magistrates’ Courts.

To elect to be tried in Court, an alleged infringer must complete an AARTO 10 form, which may be downloaded from the aarto.gov.za website.

On completion, the form may be submitted electronically (after it is scanned) on the aarto.gov.za website. While it is handy to submit the form online, you need to be aware before you try to do so that you are going to need some information that can only be acquired from the licensing document of the vehicle concerned. If the vehicle was a rental vehicle, too bad. You will have to email your form or post it to the RTIA.

Elect to be tried in Court: You will need the VIN number and Vehicle Register Number if you want to submit your election online.

What the vehicle’s VIN number and Vehicle Register Number have to do with a person wishing to e afforded his or her constitutional right to a trial before an ordinary Court has to do with anything is best known to the RTIA, but it is not difficult to see why they require this bizarre information in this facility and no other online facility they offer.

There is only one reasonable explanation the RTIA insists that the vehicle’s VIN number and Vehicle Register Number be provided. That reason is that they want to make it as difficult as possible to elect to be afforded your constitutional right to a trial before an ordinary Court.