Durban — The Road Freight Association (RFA) says the new strict driving rules for South Africa are on shaky ground and that the whole rehabilitation programme has more queries than answers.
This after the RFA noted that the proposed tribunal system has a number of flaws that leave prospective procedural queries in question.
RFA CEO Gavin Kelly said there were numerous charges relating to some vehicles that carry no demerit points, and the addition of extra levies to cover administration processes point to revenue generation.
“The court reserved judgment; indications are that the judgment should be handed down before the end of May,” Kelly said.
“While this is awaited, the Road Traffic Infringement Authority has said it will continue with the preparatory tasks required for a national roll-out, looking at full implementation across the country within three years of the initial roll-out phases,” he added.
Kelly was responding to then Minister of Transport Fikile Mbalula addressing motorists on the N1 North, near the Carousel Plaza during a roadblock in August 2022.
Mbalula had said: “South Africa has signed the Aarto Act into law. The act brings new provisions of the road traffic law, such as the setting up of the points demerit system and the creation of rehabilitation centres of habitual infringers.
“The demerit system will see each driver starting on zero points, and earning demerit points for each violation of traffic law. Once they reach 12 points, the offender’s licence will be suspended. The Aarto will be implemented after it has been promulgated and published in the government gazette.”
Kelly said the RFA has interacted with the Transport Department since the first publication of the draft Aarto Act, and its resultant regulations, dating back to 1997.
“Despite well-substantiated motivation for serious adjustment to the manner of implementation of a demerit system … the department has not amended the regulations in any way to ensure that the compliance costs do not become a serious burden on law-abiding citizens,” he stressed.
In addition, Kelly said the RFA has noted that the issuing of points to vehicles is unfounded, adding this will have a serious impact on the vehicle supply sector, both new and used.
He said drivers will commence with zero points, and not with 15, and will “earn” demerit points as and when applicable through the Aarto process, where demerit points are allocated.
Currently, the threshold is a maximum of 12 points, whereas the proposed amendment recommends 15 points, whereupon, from point 13, the various sanctions of suspension or cancellation of a driving licence will occur, as defined in Aarto legislation.
Numerous challenges – corruption and poor traffic policing – have not been resolved, nor has the process ensured that manipulation of the system through targeting of certain fleet operators, or individuals, can be prevented, Kelly said.
“Addressing the comments from the last round of public comments has not been completed, and a final proposal on proposed regulations was not completed before the impasse created via the legal process, which now awaits the Concourt decision.”
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