The Administrative Adjudication of Road Traffic Offences (Aarto) Act which was recently declared unconstitutional includes clauses that will force motorists to pay fees for certain enforcement-related services.
This includes paying R60 to check the number of demerit points you have incurred on your driver’s licence, as well as prisoners paying R100 to receive a “courtesy letter” notifying them of their outstanding infringements.
In a report by MyBroadband, the publication spoke to the Road Traffic Infringement Agency (RTIA) which said these clauses are covered in Schedule 2 of the Aarto Act of 2008.
Act remains in force
Despite the Aarto Act being declared unconstitutional by the Pretoria High Court in January, the Constitutional Court must still confirm the ruling. Therefore, the Aarto Act remains in force until that time, said the RTIA.
The RTIA said it has already appealed the High Court’s ruling and is “confident that the relief sought will be granted by the Constitutional Court.”
Aarto aims to improve road safety by penalising drivers and fleet operators who have infringed on traffic laws by imposing demerit points that could lead to the suspension or cancellation of licences, professional driving permits, or operator cards.
A maximum of 15 demerit points can be received by a driver.
After this, they will be disqualified from driving their vehicle and the duration of the disqualification will equal three months for every point over the 15-point limit.
Under the Aarto act, a number of traffic-related crimes that were historically classed as criminal offences have also been decriminalized, leading to a new process of serving fines to motorists.
However, the Automobile Association has lambasted the Aarto Act, stating there is “no evidence [it] has saved a single life” since the implementation of the pilot project in 2008 – and that it is only geared toward revenue collection.
Schedule 2 Fees
The table below below details the fees listed under Schedule 2 of the Aarto Act.
| Service | Fee |
|---|---|
| Charge for dishonoured payment or failure to pay instalment | R100 |
| Checking demerit points | R60 |
| Collection fee of registering authority or DLTC | 3% of transaction fee |
| Courtesy letter served by registered mail | R60 |
| Courtesy letter served in prison | R100 |
| Enforcement letter served by registered mail | R60 |
| Enforcement letter served in prison | R100 |
| Monetary value of penalty unit | R50 |
| Notification of results (Unsuccessful revocation of enforcement) | Invoiced by sheriff |
| Notice of partial payment | R60 |
| Refund of credit balance | Bank charges |
| Unsuccessful representation within validity period | R0 |
| Unsuccessful representation after validity period | R200 |
Keyword: The fees you will have to pay if the Aarto Act is passed