TMPD ready to fully implement Aarto after court ruling

Motorists will have to answer for infringing the rules of the road by losing their licences according to the Aarto demerit system, which soon becomes a reality.

The implementation of the administrative adjudication of road traffic offences (Aarto) law has been pending for 25 years, piloted in Johannesburg and Tshwane over the years.

On July 12, the Constitutional Court ruled Aarto valid on Wednesday.

That court process was brought about by Organisation Undoing Tax Abuse (Outa) asking the court to declare the law unconstitutional because in passing it, parliament usurped the legislative powers of the provincial and municipal governments.

Outa argued the act should have been passed by the province.

The Aarto seeks to introduce the demerit system in terms of which motorists who break traffic laws will lose driving points and driving licences for continuous offending.

The Act was passed in 2019, which led to Outa instituting an application in the Pretoria high court against the Minister of Transport as well as the Road Traffic Infringement Agency (RTIA).

On Wednesday, Chief Justice Zondo resolved the dispute in favour of the minister, RTIA and RTMC ruling that parliament had the competence to pass the law.

The court also added that irrespective of the method used to serve a notice or document under Aarto on an alleged infringer, the RTIA would have to show that the alleged infringer probably received the notice or document.

The court also said the service of such notices and other documents under Aarto on an alleged infringer by registered mail would not be inconsistent with the Constitution.

Tshwane MMC for community safety Grandi Theunissen said the metro was ready to start the necessary process to streamline and affect the Aarto.

“This legislation will eventually make provision to penalise drivers and operators of motor vehicles who are guilty of road infringements.

“Traffic policing is a core mandate of the Tshwane metro police (TMPD), therefore, I will engage them to establish how this ruling will affect their operations going forward.”

Theunissen said the act was piloted in Tshwane and the TMPD was in a perfect position to provide valuable input before the legislation was rolled out throughout the country.

“Although the ball is now in the national government’s hands, we stand ready to comply and start the necessary processes to ensure that once the legislation is fully rolled out. We can easily adjust and continue to provide our residents with valuable traffic policing services.”

Minister of Transport Sindisiwe Chikunga said she welcomed the judgment.

“We welcome the judgment handed down by the Constitutional Court on the constitutionality challenge against Aarto mounted by Outa, which affirms our long-held view that this is a necessary law to advance our efforts in arresting the carnage on our roads.”

Chikunga said Aarto was an important cog for road traffic law enforcement interventions aimed at arresting the carnage on roads and altering driver behaviour.

“This will reinforce other interventions such as classifying traffic policing as a 24-hour, 7-day job alongside the regulation of driving schools and introduction of an NQF level 6 training for traffic law enforcement officers.”

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