AARTO
Administrative Adjudication of Road Traffic Offences (AARTO) Act No. 46 of 1998 was approved by Parliament in 1998, amongst other reason, to forge a closer and more effective and efficient link between enforcement and the adjudication process of road traffic contraventions and offences.
AARTO brings with it parity of fines which will encourage the road using public to take traffic offences and resulting fines much more seriously. It also brings with it improved fine collection procedures and a revenue stream that will be used for improving road safety; as well as more convenient ways of paying fines and more penalties for not paying within the prescribed time, eventually leading to confiscation of movable property and ultimately to being declared unfit to operate a motor vehicle.
The objectives of AARTO are, amongst others:
- to encourage the payment of penalties imposed for infringements;
- to establish a procedure for the effective and expeditious adjudication of infringements;
- to encourage compliance with the national and provincial laws;
- to alleviate the burden on the courts of trying offenders for infringements;
- to penalize drivers and operators who are guilty of infringements or offences through the imposition of demerit points leading to the suspension and cancellation of driving licenses, professional driving permits or operator cards.
In accordance with the Administrative Adjudication of Road Traffic Offences Act, No. 46 of 1998 (AARTO), if a person commits a road traffic violation in terms of the National Road Traffic Act, No. 93 of 1996, such violation will be categorised as:
Traffic Offences
It is regarded as a very serious violation of the law, which warrants a major sentence on conviction, such as imprisonment, or a substantial monetary fine, or both.
Traffic offences will therefore still be dealt with in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which means an offender will be arrested, charged and the case will be placed on the role for a hearing in court.
Minor and Major Traffic Infringements
Minor and major infringements mean offences categorised as such in terms of section 29(a) of the AARTO Act, detail of which is provided in the AARTO Regulations.
Traffic infringements will be dealt with in accordance with the administrative procedures, as prescribed in the AARTO Act. If a person is alleged to have committed an infringement, the traffic officer will issue an Infringement Notice.
In the case of so-called camera infringements, for example exceeding the speed limit and ignoring traffic signals; Infringement Notices will be electronically generated by the National Traffic Information System (eNaTIS), and served on the Infringer by registered mail.
In the case of so-called camera infringements, for example exceeding the speed limit and ignoring traffic signals; Infringement Notices will be electronically generated by the National Traffic Information System (eNaTIS), and served on the Infringer by registered mail.
Courtesy letters are really reminders... that you pay for. They are issued and sent by registered mail after no action on the part of the infringer for the first 32 days after the infringement notice was issued.
With a courtesy letter you cannot pay the 50% discounted amount but now have to pay the full amount plus an additional administration fee for the Courtesy Letter. A Courtesy Letter will inform you that:
You have failed to comply with the requirements of the Infringement Notice;
You have to, within a period of 32 days after receipt of the Courtesy Letter:
Pay the penalty; as well as the prescribed fee for the Courtesy Letter; or
In the case of a minor infringement, submit a Representation to the Agency; or
Apply to make payments in instalments; or
Notify the Agency if you elect to be tried in court.
Failure to comply with the above requirements of the Courtesy Letter within the time permitted will result in the issuing of an Enforcement Order.
Should you exercise more than one of the options above, and such options include paying the penalty, the matter will be concluded without consideration of any of the other options.
An Enforcement Order is issued if you fail to comply with the requirements of a Courtesy Letter, or you have failed to appear in Court, either following a traffic offence, or after specifically electing to be tried in court. The Enforcement Order will be served by registered mail; and the demerit points incurred by you will be automatically allocated.
For more information about how the demerit points system works visit www.aarto.co.za
The Enforcement Order served on you will:
Require payment of the penalty in full, plus Representation fees and the fee of the Courtesy Letter, if any, as well as the prescribed fee of the Enforcement Order within a period of 32 days of the date of service of the Order; and
State that a failure to comply with the requirements of the Enforcement Order within 32 days will result in a Warrant being issued to recover the applicable penalty and fees.
An Enforcement Order will be revoked if:
You apply to the RTIA in the prescribed manner and submit satisfactory reasons why an Enforcement Order must be revoked; or
The Issuing Authority applies in the prescribed manner for a revocation of the enforcement order.
To apply for revocation of an enforcement order visit www.aarto.co.za
And, If an Enforcement Order is revoked:
Its consequences will be cancelled; and
The national contraventions register on NaTIS will be updated; and
You will be informed accordingly; and
Your driving license, professional driving permit or operator’s card will be issued or returned, unless you have been disqualified otherwise.
There are 2 types of traffic fines:
- Section 56 notice: A section 56 notice is issued by a traffic officer and usually involves an offence that happened while the vehicle was moving. You have 14 days to pay and will need to attend court on the appointed date, which will be within 4 months.
- Section 341 traffic ticket: You have 30 days to pay before a notice of summons is issued, after which you have a further 30 days to pay before a summons with a court date is sent to you.
A 341 notice is sent to a motorist by post for violations caught on a traffic camera. It doesn't have a court date on it but is a first of 2 notices before the summons. If you fail to pay your fine after the notice, you'll receive a summons. If you pay your fine you won't receive a summons.
To avoid facing legal action, it is recommended that you pay your traffic fine on or before the due date, using the guidance provided by the ViewFines Portal.