The City of Johannesburg (COJ) will present a report on deficiencies in the implementation of the Administrative Adjudication of Road Traffic Offences (Aarto) Act to the Mayoral Committee.
The allocation of demerit points to traffic law infringers, as per the Aarto Act, is set to be introduced on a national basis from 1 April 2011. Pilot projects are currently being run in the municipalities of Tshwane and Johannesburg.
Deputy director of communications at the COJ Nthatisi Modingoane says the report highlights a reduced income to the city from fines collected in terms of Aarto.
However, despite media reports that the Act is proving so unaffordable for the Johannesburg Metro Police Department (JMPD) that it is considering suspending traffic law enforcement, Modingoane says this is not so. He adds that exact figures for the reduced income cannot be disclosed at this point in time.
“It [the city] is merely highlighting certain issues on the way in which Aarto is being implemented and its possible impact on local government. These issues are raised in a report being tabled to the Mayoral Committee.”
Problematic implementation
Apart from the reduced income, Modingoane says among the issues under dispute is the question of payment for postal fees.
“The monthly postage fee of approximately R10 million per month is now payable by the city as a unilateral decision taken by the RTMC [Road Traffic Management Corporation].” The RTMC, administrative agent of Aarto, did not respond to ITWeb queries by the time of publication.
Media reports explain that before, Aarto fine notifications were sent via ordinary post, but now Aarto requires notifications to be sent out by registered mail, which costs more.
Modingoane also says there are certain software issues that need sorting out. The electronic National Traffic Information System (eNatis) was problematic and the COJ then had to implement its own software, reports say.
A dispute between the city and RTMC over income generated from traffic fines is also brewing. Modingoane explains that an amount of R98 million, part of the income generated from traffic fines, after the 32-day, 50% discount timeframe by the COJ, is being claimed by Aarto and the RTMC.
Traffic law infringers are given 32 days to pay their fine in order to qualify for a 50% discount. If they pay within this period, the money goes to the COJ. If they miss the 32-day deadline and pay the full fine amount, half goes to the COJ and half to the RTMC.
Questions around when the countdown actually kicks in for the 32 days is in dispute, with the corporation claiming the R98 million. It is not clear over what period of time the disputed income was generated.
Modingoane adds that not all details can be revealed, because the parties involved (JMPD, a structure of the COJ, and the Aarto team from the Department of Transport) are still engaging on the matter. “We can not flesh out all details pending the outcome of the engagements, which still has to be signed off by the Mayoral Committee.
“The report points to a number of deficiencies, including pending legislation changes in the way it [Aarto] has been implemented, and proposes that those issues should be resolved as a matter of urgency. Should the Mayoral Committee adopt the report, the city will address these issues with the Department of Transport as part of its communication on the implementation of Aarto.”
Millions
The RTMC previously said it would spend over R300 million on IT and marketing for the new demerit system for motorists.
During the pilot, the RTMC identified problems within the law enforcement, systems and procedure environments, but said the problems that were highlighted existed before Aarto was introduced.
These included postal processes, lack of infrastructure, electronic versus physical enforcements, office administrative resources, skills development and training of authorised officers, and communication and marketing awareness strategies.
Losing points
When the Aarto demerit point system is implemented, the demerits will reflect against the driving licences of infringing motorists on the National Contravention Register on eNatis.
In a statement, the RTMC cited the need for effective implementation as its primary reason for repealing the initial 2010 deadline.
“The Department of Transport has adopted a zero tolerance stance when it comes to fraud, corruption and mismanagement. We remain committed to the reform and tightening of the regulatory regime,” says transport minister Sibusiso Ndebele.
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