Justice Protect SA (JPSA) says the proposed “triple-fining” of drivers under the Administrative Adjudication of Road Traffic Offences (Aarto) Act is “beyond lunacy”.
The organisation says it will address the issue at the Aarto summit to be held in June. National chairman Howard Dembovsky explains that, instead of receiving demerit points, people with foreign drivers' licences and people without a driver's licence at all will have to pay triple the fine for the offence they commit.
Basil Nkhwashu, executive manager for Aarto, says the proposal in the new regulations is that if a person has only a learner's licence, they should not get demerit points, but should pay triple the fine amount. So when they get their licence they start off on an equal footing.
However, the person who doesn't have a learner's or driver's licence will just pay the normal fine amount. Only those with drivers' licences will get demerit points for offences.
Dembovsky says this is unacceptable. “So, if you want to behave like a lunatic in this country you just need to not get a driver's licence. What will happen is that people will not renew their licences once they expire and then drive without them when they get cancelled after six months. It goes beyond lunacy.”
Perpetuating corruption
He adds that paying triple the fine amount will be hefty, but there will be officers willing to take much less to not write up the fines, and so corruption will save those without licences who take to the road.
“Saying that certain traffic cops will be 'unbribable, because you will not know them' is hogwash, and the words of someone who has lost touch with reality.
“At the end of the day, they're making nonsensical legislation. To be plain and simple, we are perpetuating corruption through legislation. Our organisation's view is that anyone driving without a licence should be arrested and dealt with by the criminal justice system.”
However, Nkhwashu says this will not be the case. “If I am a person who can never get a driver's licence, should I be arrested? Arrest is the last resort. What type of harsher punishment do we give? It's very difficult.”
Beneficial system
Dembovsky adds that other issues around Aarto involve the amount of demerit points allocated to different offences, found in the Aarto “Charge Book”.
“What absolutely astounds me is that a person speeding in a six-lane freeway gets more demerit points than a person jumping a red robot, who is more likely to crash into another car.”
He adds that Aarto is a beneficial system if it is implemented properly. “We are not against Aarto. It's quite the opposite. We just need to make sure that this time it's 100% correct so it can be implemented.”
He adds that these and other issues will be presented at the summit.
“We know full well that we have our work well and truly cut out for us, given the fact that the big businesses involved have all of the traffic authorities in this country well and truly by the you-know-whats, but if government is going to allow itself to be dictated to by companies who have interests only in ensuring that lawlessness prevails, then it deserves to be treated with contempt and fought tooth and nail with respect to enacting legislation that will most certainly proliferate the incidence of corrupt activities.”
Driver benefit
With the Aarto system, drivers gain demerit points when they commit traffic offences, and this will be reflected on the National Contravention Register on eNatis. After 12 demerits are gained, a driver's licence will be suspended.
Aarto is for the benefit of the road user, because - at the moment - licences can be suspended for one offence and could result in a criminal record. However, with Aarto, a motorist has to diminish all their points before their licence can be suspended and there is no criminal record, says the Department of Transport.
Public consultations are currently being held on Aarto, with a summit to be carried out towards the end of June.
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