Aarto Act offers road to redemption for serial offenders

The Administrative Adjudication of Road Traffic Offences (Aarto) Act’s draft regulations have proposed that serial traffic law offenders go for “driver rehabilitation programmes” before they are allowed back on the road.

This despite the implementing agency, the Road Traffic Infringement Agency (RTIA), being aware of only one organisation which offers driver rehabilitation programmes in the country.

This could be an indication of how scantly prepared the traffic authorities are regarding the administration of the Aarto Act, expected to be in force as early as next June.

According to the draft regulations, the first road to redemption for errant drivers is via the driver rehabilitation programme, which will pave the way to a fresh application for a drivers’ licence and being tested all over again.

If the draft regulations, gazetted last Friday and currently out for public consultations, are adopted in their current form, “habitual infringers” whose licences have been cancelled will be subjected to the “compulsory” rehabilitation programme, before they can reapply for their licences after the lapse of the cancellation period.

The programme will also be made available, voluntarily, to traffic law infringers who wish to reduce their demerit points, to avoid depleting their points and losing their licences.

“… a suspension is revoked if the number of demerit reduced based on successful completion of the rehabilitation programme is equal or below the threshold of the number of demerit points which will result to suspension as contemplated…,” the draft regulations states.

The rehabilitation programme may include “driver interventions programme; or attendance of therapy and counselling sessions … or any other rehabilitation measures…”

Monde Mkalipi, the agency’s spokesperson, said the rehabilitation was aimed at restoring drivers’ good behaviour and that applicants will have to foot the bill for the programme, but that a subsidy of up to 50% will be considered for indigent drivers on a case-by-case basis.

Asked if there were driver rehabilitation services in the country, he said they were only aware of one of the programmes offered by Nicro, a non-profit organisations specialising in social crime prevention and offender reintegration.

“The agency is only aware of one of the Nicro diversion programmes which is offered to drivers who are found guilty of driving under the influence of alcohol,” he said.

Mkalipi however said RTIA will accredit service providers to offer these rehabilitation services, saying the programme will be offered at the premises of the accredited service providers across the country.

The public has until November 10 to make submissions to the draft regulations for the Act.

Mixed reactions to pilot projects

The Road Traffic Infringement Agency (RTIA) has praised the progress made in the Administrative Adjudication of Road Traffic Offences (Aarto) pilot projects rolled out in Tshwane and Johannesburg in July 2008 and February 2009 respectively.

The Organisation Undoing Tax Abuse (Outa), one of the fiercest critics of the Aarto Act, have said that the pilot projects have failed, but the agency said much progress has been made.

The agency went as far as attributing the 19% drop in road fatalities recorded in Gauteng during the 2018 festive season to the contentious Aarto pilot projects.

“There is change in driver behaviour and attitudes,” said spokesperson Monde Mkalipi.

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