So many vehicles, so little voice
Only 117 301 people commented on the proposed amendments to the Aarto Act.
Only a shocking 29 per cent of the vast amount of motorists on Gauteng roads have made comments against proposed legislation, which includes eToll legislation.
The Department of Transport (DoT) on 7 December published intended amendment to the Administrative Adjudication of Road Traffic Offences Regulations of 2008. The public had a period of 30 days, that is, until 6 January to comment on the proposed amendments.
According to information published by Arrive Alive in 2010, as informed by the National Traffic Information System (eNaTIS), there are 3.4 million registered vehicles on Gauteng’s roads. Sadly, only 117 301 of the owners of those vehicles have commented on the proposed new legislation.
According to the Opposition to Urban Tolling Alliance (Outa), the amendments seek to modify the way the infringement notice process works. The aim is to accommodate multiple entries onto single pages of the infringement notification form (otherwise known as the Aarto 03e form).
“The main purpose of this change is to accommodate the inclusion of outstanding eToll bills into the normal traffic fine and violations process,” Outa stated in a recent press release.
Additionally, the DoT seeks to have notices served via ordinary mail, email and SMS.
Outa has made it clear that they disagree with the proposed legislation, calling it “impractical and unconstitutional” for a number of reasons. Firstly, proof in the form of a photograph will not be provided for every single infringement entry on an Aarto 03e. A unique reference number per incident will not be provided, yet this is required for dispute resolution purposes. Finally, the magisterial district per incident will not be listed, again a requirement for dispute resolution purposes.
National chairman of the Justice Project South Africa (JPSA) Howard Dembovsky shared their submission on the draft Aarto regulations with media houses on 29 December. In it, he concluded the proposed amendments are intended “solely to facilitate the prosecution of eToll ‘offenders’ and ensure that the proliferation of speed cameras… continue to spiral out of control”.
Their submission further spoke out against stretching the acceptable notification period from the current 30 days to 90 days and including multiple infringements on one notice. Their whole submission can be read at https://blog.jp-sa.org/post/jpsa-s-submission-on-government-gazette-39482-aarto-regulations-draft-amendments
“Should the DoT decide to proceed to promulgate these draft regulations, we shall be left with no alternative but to seek relief in the appropriate forum,” Dembovsky concluded.
To complain about the amendments now, needless to say, will be a fruitless exercise — all that is left is to wait and see whether a third of Gauteng motorists could make submissions significant enough to affect the law.
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