After a recent Pretoria High Court ruling declared the Administrative Adjudication of Road Traffic Offences Act (AARTO) to be unconstitutional, many motorists and fleet managers are unsure how to manage fines. The answer, in a nutshell, is that it’s still business as usual.
Admit it, we’re all a bit confused about what’s happening with AARTO. It feels as though there’s a delay, change, or court case around this legislation every month. The biggest concern is that many people have assumed this means they don’t need to pay their AARTO fines, or that they should wait to see what happens.
While we can’t predict the future of AARTO, the current reality is that nothing has changed. Despite all amendments, arguments, rumours and judgements, the facts are that AARTO remains fully functional until further notice. This means that all fines and infringements must still be paid via the normal channels.
Fines management is a daily part of the fleet process and you need to ensure that it forms part of your data analytics overview for your fleet. Fines are an unnecessary expense that can be tracked and reduced, but only with effective monitoring and action.
AARTO fines won’t just disappear
The important thing to note is that, even if AARTO falls away or changes dramatically, existing fines won’t be written off just because the system has changed. Delaying payment on existing fines and infringements is just that: delaying payment. And you are probably incurring additional costs due to late payment fees or even outstanding warrants.
By not paying fines companies and individuals are simply adding to their own costs, admin time and frustration. The municipalities that operate under AARTO want to collect their money. What happens with AARTO is beside the point: those fines still need to be paid.
AARTO is still in place
Whether or not you are in favour of AARTO, the good news is that—despite the court ruling and rumours—the system is still in place. Things have not descended into complete chaos and you can still manage your fleet/individual fines as normal.
CPA Fines explained
Although AARTO is making waves, it is still only in place in Johannesburg and Tshwane. Across the rest of the country, fines are still processed under the Criminal Protection Act (CPA).
If you receive a Section 341 notice (fine), the CPA says that after 3 years those fines are struck off the register, because a Section 341 notice is not a criminal offence on its own.
If, however, your 341 notice is followed by a Section 54 Summons, it automatically turns into a criminal offence under the CPA.
In 2017 the National Prosecuting Authority (NPA) put out a directive—it’s not legislation, but more a guideline that most traffic departments follow:
- Within 18 months after an offence is committed, prosecutors should not be putting those cases on the court roll anymore as they are clogging the system.
- As it’s only a directive and not a law, there are many instances where prosecutors do not adhere to this. Traffic departments prefer not to scrap fines off the roll as they want to collect the money owed to them.
- BUT, because a 341 notice has no legal ‘value’ - you can’t be stopped at a roadblock and be forced to pay it. If you only have a 341 notice you can’t be arrested, forced to pay, or blocked on NaTIS.
- Only when a 341 notice is followed up with a section 54 summons does it become a legal document, even if it was for a parking fine. Then you can be arrested at a roadblock and taken to court.
Fleet fines must be managed
At the end of the day, no matter what systems are in place, it’s still up to fleet managers and vehicle owners to ensure their fines are paid. If these are left until warrants are issued, or license discs expire, you could end up with significant vehicle/driver downtime that’s going to cost even more in the long run.
Even better news is that EQSTRA offers customised solutions to help you manage your fleet fines and admin. This means that you don’t need to worry about what’s happening with AARTO or any other infringement legislation—it’s all managed for you, and you just have to enjoy the cost savings.
If you need to keep AARTO information on-hand, download our handy AARTO booklet to reference any time. If fines admin is getting the best of you, and you need a little help, you can contact a member of our fleet expert team.
