AARTO_Procedures_and_Risks_2014

Report
AARTO: RISKS and
SPECIAL PROVISIONS
Alta Swanepoel
EEN
INTRODUCTION
AARTO has been in force in Tshwane and
Johannesburg since 2008
All aspects of AARTO has not been implemented
yet
Risks and specific consequences have not been
evaluated yet
Demerit points of legislation will only be in place
when AARTO is in force in entire country
LEGISLATION
Act 46 of 1998
Amendments in 1999, 2000 and 2002
Regulations published in July 2008
Amendments in March 2010
Draft amendment published in April 2011
Revokes old regulations and republishes entire set
– not implemented yet
Draft has been amended again – not republished
Where does AARTO fit in?
Criminal Procedure Act,
1977 is the process act to
charge criminal offenders
CPA is not replaced by
AARTO
AARTO does not deal with
criminal offenders
Road traffic offences still
prosecuted under CPA until
AARTO is fully
implemented
AARTO is the process
act to prosecute road
traffic infringers –
Tshwane and JHB
It exists parallel to CPA
Currently only road
traffic infringements
Amendment to include
cross-border, toll and
NLTA infringements
NRTA PROVISIONS
Owner – person who use and enjoy motor
vehicle
Title holder – person who gives permission
to sell vehicle
Section 73 of NRTA creates a presumption:
•Owner drove/parked vehicle, if driver
unknown
•Corporate body = owner, presumed director
or servant drove vehicle as duty or to further
interest of company
Proxy legislation
The legislation relates to owners/operators of motor
vehicles
There is no definition of a “proxy” or a “representative”
in the legislation
The provisions of the different acts allocate duties an
liability to owners, operators, directors or servants of
companies
The responsibility to allocate duties and the
management of liability remains with the owner or
directors of a company – the legislation stipulates the
duties but not the manner in which it must be managed
Criminal
Procedure
Sec 341
Pay/nominate driver
Sec 54
Pay/ Court
Warrant
Sec 56
Pay/ court
Offence
Warrant
Sec 54 – service:
14 days, person 16
or older, home or
work address
Trial/ plead guilty
Proxy may
be arrested
on warrant
Acquit/
convict
GENERAL INFORMATION
RTIA = Road Traffic Infringement Agency
Deals with payments, representations,
nominations
Commissioner of Oaths
Needs to signs AARTO 07, 08 and 14.
Affirmation or affidavit
Service fees
R 60/R100
Discounts
50% - pay in 32 days
AARTO
PROCESS
Infringement
Notice
Courtesy
letter
Each process valid for
32 days
Time limits to respond
Resubmission in 21
days if no receipt is
received
Enforcement
Order
Risk: Costs may be
incurred if response
is not in time
Risk: Company will
pay more if driver is
not nominated on
camera and parking
infringements
Warrant
New provisions in AARTO Act
Serving by registered mail:
*Presume mail is received 10 days
after date on notice from Post
office
*Last know address used
Actual collection date NOT
recorded on NCR
Risk: Company will incur costs and
be charged if driver is not
nominated
+ NaTIS address
+AARTO 07 address
+Address on AARTO 01 or 02
If notice is not collected –
process continues
Must change address with
authorities within 14 days
– failure - infringement
New provisions in AARTO Act
Serving by registered mail:
*Presume mail is received 10 days
after notice from Post office
*Last know address used
Risk: Mail will be
regarded as delivered
even if address is wrong
or out dated
+ NaTIS address
+AARTO 07 address
+Address on AARTO 01 or 02
Must change address with
authorities within 14 days
– failure - infringement
Infringement Notice
Pay in 32
days
• 50 % discount • Demerit points recorded
Pay in
instalments
• No discount, pay less per month over 6/12
months – AARTO 04
• Demerit points recorded on first payment
Make
representation
• To RTIA – AARTO 08 – minor infringements
• May be accepted/rejected/referred to court
Court
Proxy receives mailed
notices:
Procedures required if
proxy does not act in
time
Nominate
driver
Does not act
on notice
Proxy receives Operator
charges – AARTO 03 –
needs to determine
action company will take
on it
• Choose to appear in court
• AARTO 10
• AARTO 07
• Commissioner of Oaths must sign
• Courtesy letter issued
Courtesy letter
Pay in 32
days
• No discount – Service fee R60/R
100
• Demerit points recorded
Pay in
instalments
• No discount, pay less per month
over 6/12 months – AARTO 04
• Demerit points recorded on first
payment
Make
representation
• To RTIA – AARTO 08 – minor
infringements
• May be accepted/
rejected/referred to court
Court
Service fee:
- R60
- R 100
Representation
fee – R 200
Nominate
driver
Does not act
on notice
• Choose to appear in court
• AARTO 10
• Not available
• Enforcement order issued
Enforcement Order
Pay in 32
days
Request
revocation
• No discount – Service fee
R60/R 100 x 2
Demerit points recorded
• AARTO 14
• Commissioner of Oaths
Licences blocked
Representation
Nomination
• Not available
Court
Demerit Points • Recorded on issue of EO
Risk: Licences not
issued for any vehicle
of owner
NaTIS Block
• All vehicle licences
• Driving licence and Prdp
Does not act
on notice
• Warrant of execution of
property issued
Warrant
Registrar of
RTIA
• Issues warrant
Sherriff
executes
warrant
• Costs charged by Sherriff
also collected
Impounds
• Property, licence,
operator card
Court rules
Additional costs,
loss of property,
documents and
vehicle use
Immobilizes
vehicle
No property
• Normal rules of execution of
property apply
• Vehicle may be immobilized to
prohibit use
• No property – section 54 issued
– criminal court process
DEMERIT POINTS
Third disqualification = Cancel licence
Reapply for learner’s and driving
licence
DP for drivers
and operators
Point = 3 months
Reduction of
points
• Maximum of 12 points
• Every point over 12 points = 3
months disqualification to drive
• 1 point every 3 months if no
further points are obtained
OPERATOR
CHARGES
Section 49 and 51 of National Road Traffic Act
Vehicle control 49(d)
Driver Control 49 (c)
Control dangerous goods transport 49(f)
Control loading of vehicles 49(g)
Information 49(a)
Card display 49(b)
Presumption
Owner
regarded as
guilty if he
cannot prove:
*reasonable
action
*not
employee’s job
* Did not
connive with
employee
RISKS
AARTO
Operators
Additional
costs – R 1250
per charge
Points for
operator cards
– suspension
of vehicle
Driver not licensed
Roadworthiness of
vehicle
Overloading
Dangerous goods
Entire Fleet
suspended on
maximum
points
Fleet cannot
be extended if
OP card is
suspended
OPERATOR
FLEET POINTS
Schedule 4
Points
Maximum/
number of
vehicles
Operator must have
driver policy, fleet
maintenance policy,
procedures and
disciplinary process to
comply with section
51 of NRTA
Fleet
suspended
1 Month = 1
Point over
maximum
1. Vehicle 1
infringement
4 DP
Fleet = 120 OP vehicles
Max points = 1140
2. Vehicle 2
infringement
4 DP
3. Vehicle 3
infringement
4 DP
Fleet points
1. 4
2. 8
3. 12
4. 11
4. Vehicle 1 –
Pins reduce by
1 after 3
months
Cl
Penalty
DP
Rand
Disc
Pay
Op
Operated a vehicle without a front or
1704 Reg 35(7) rear number plate affixed to the
vehicle
O
C
6
0
0
0
49(c)
Operated a goods vehicle with a GVM
> 3500 kg. without a professional
driving permit issued to him or her .
I
25
4
1250
625
625
49(c)
Goods vehicle with GVM more than
3500kg not fitted with contour or
Reg.
531 2684
strip markings at the sides / rear or
192A(2)(a)
such markings affixed higher than
600mm from lower part of body
I
10
1
500
250
250
49(d)
Failed to stop motor vehicle at stop
sign of traffic or customs official.
Non-RWC
I
10
1
500
250
250
Item Code
114
130 1900
Ref
Sect.
32(1)
Sect.
1293 3700
58(1)
Description
Example - Driver
Display number plates with no SANS mark – R 1000 and 3
points
Commits no infringements for three months
Points reduce = 2 points total
Speeding 128 in 100 zone - R 1000 and 3 points = 5 points
total
Overload vehicle 10% –R 1500 and 5 points = 10 points total
Drive without valid PRDP – 4 points = 14 points total
Person disqualified for 6 months from driving
Submits
licence card – Failure R 1000 + 3 DP
22
Example – Driver and Operator Points
•Driver :
•Operator:
•No PrDP – Sec 32 – R 1250 + 4 DP
•Sec 49(c) – R 1250 + 4 DP
•Stop lamp not in working order – Reg
169 – R 500 + 1 DP
•No contour marking – Reg 192A – R 500
+ 1 DP
•Sec 49(d) – R 1250 + 4 DP
•Sec 49(d) – R 1250 + 4 DP
•Driver did not stop sign – Sec 58 - R 500
•No action against OP
+ 1 DP
•Overloaded – Reg 234 - R 500 + 1 DP
•Driver – 8 points
23
•Sec 49(g) – R 1250 + 4 DP
•16 points – OP card suspended 1 year
RISKS
AARTO
Proxies
Responsible for
management of
notices
Negligence –
results in
block on
licences
Driver not licensed
Roadworthiness of
vehicle
Overloading
Dangerous goods
Knowledge on
legislation
Procedures for
failure to
comply with
legislation
RISKS
AARTO
Drivers
Driver
infringements –
Operator charged
Cannot pay penalties
on behalf of driver
13+ Demerit
points – not
allowed to
drive
Must nominate driver
for speed, red light
and parking
infringements
Driver should refuse to
drive unroadworthy/
overloaded vehicle
Driver needs to complete AARTO 27 Permission to check DP
New drivers need to submit AARTO 29
– Statement of DP
DP in private time
– also contribute to
total
Address
details
required on
regular basis
RISKS
AARTO
Subcontractors
Operator cards may
be suspended –
cannot fulfil contract
requirements
Subcontractors
must control
drivers, loading,
etc.
Consignor/ consignee
responsibilities to be
extended
Mass determination
Declaration with mass
loads
Contracts must require
submission of regular
point statements
Contractor
must provide
loading
instructions
Company Policy and Procedures
• Additional wording in contracts – Driver may not be
disqualified from driving
• Reporting of infringements and offences
• Code required to manage driving of vehicles – existing
offences – new consequences
• Recording of drivers using vehicles
• Rules on inspection of vehicles
• Reporting of demerit points acquired
• Procedure if employee’s actions result in additional
cost for company
• Responsible driver appointed if more than one driver is
using vehicle
Training Material
• AARTO Act and regulations with relevant
legislation from NRTA, Guideline on redirecting
of fines
• AARTO driver manual
• AARTO Poster
• National Road Traffic Act
Sec/Reg
Sec 25
Problem
Actions

Driver incurs more than 12 points.


Disqualified from driving for period 
Discipline driver
Suspend or dismiss driver
of time
Sec 26


Driver does not reveal demerit 
Discipline driver. Check demerit
points to company
points with AARTO 27.
Increases company risk – may not 
Determine who is responsible
have sufficient drivers to drive
for admin fees
vehicles.

Use AARTO 27 to check points

Sec 17, 19, 20, 21
Failure
to
operator
react
to 
infringement
be disciplined

notice

No discount allowed

Additional charges to be
Responsible person should
Fees and full penalty to be
paid
paid
And
R
1250
per
infringement
Pay penalties, incur demerit Discipline person responsible
Failure to provide proxy with
information on representation
or possible defence on
points, possible suspension and determine who must pay
of operator card of vehicle penalties and costs
and financial loss in use of
charges
vehicle
Driver incur more than 12 Disqualified from driving for Suspend or dismiss driver
points
Driver
period of time
does
not
reveal Increases company risk
demerit points to company
may
not
have
sufficient Check
drivers to drive vehicles
Use
AARTO
points – R 60
27
– Discipline driver
to
demerit
points
with
AARTO 27
check Determine who is responsible
for cost
Sec/Reg
Reg 18
Provision
50
Licensing
of
Duty
motor
Appoint proxy for m/v
vehicle
Apply to correct R/A
Every
branch
is
separate
business – need to license at
R/A
54
Within 21 days of buying m/v
Annual renewal (21 day grace
– reg 23(3))
Reg 35
63
Number plates
Obtain number plates
Fit to m/v – new m/v (2009+) fix
permanently
Reg 36
65
Licence disc
Display disc on m/v
Reg 53
68
Change of owner
Form NCO to R/A
Reg 54
69
Report SAPS – 24 hours
Stolen vehicles
Form CNV to R/A – 7 days
Reg 55
71
Scrap vehicle
Form CNP/ MVR1A -3 months
Reg 55A
72
Impounded by SAPS
Form CNP/ MVR1A -3 months
Reg 65
79
Exporting
Form CNV
Sec 31
153
Unlicensed driver not
Check licence and PRDP validity
allowed
to
be
employed as driver or
to drive vehicle
Sec 42/ reg 142
170
Roadworthy
Annual certificate within 6 months before
176
certificate
relicensing –display as part of licence
disc
(21 day grace – reg 145)
Sec 42
170
General
roadworthiness
vehicle
Ensure vehicle complies with;
of
Documents and numbers
Reg 149 to 220 equipment
Reg 221 to 229 dimensions
Reg 230 to 249 loads
Reg 250 to 265A passenger veh
Sec
45/
reg
180
Operator registration
Display card in terms of reg 272
(21 day grace – reg 267(7))
265
Sec 49(a)
185
Furnish information
Sec 49(b)
185
Display card – report if stolen
Sec 49(c)
185
Control driver
Be able to prove control as
required in terms of section 51
Training
Disciplinary procedures
Check PRDP
Sec 49(d)
185
Control roadworthiness
Be able to prove control as
required in terms of section 51
Trip sheets
RWC records
Sec 49(e)
185
Control vehicle use to ensure safety
Be able to prove control as
required in terms of section 51
Sec 49(f)
185
Control transport of dangerous goods
Be able to prove control as
required in terms of section 51
Training
Record keeping
Special agreements
Sec 49(f)
185
Control transport of dangerous
Be able to prove control as required
goods
in terms of section 51
Training
Record keeping
Special agreements
Sec
190
49(g)
Control
loading
transportation
and
Be able to prove control as required
in terms of section 51
Loading instructions
Training
Agreements with consignors
Weigh slips, axle mass control
Reg 275
193
D/G placards
Ensure placards and Trem/Trec cards
match up
Reg 277
194
General duties
Comply
with
SANS
specs
and
regulations
Reg 278
194
Compatible loads
Check compatibility SANS 10231
Reg 280
196
D/G training
Annual training
PRDP training by approved body
Reg 281
197
Driver documents
Trem/Trek
cards
and
Dangerous
goods declaration
Sec 81
325
Exemptions
Apply to
MEC if vehicle does not
comply to legislation requirements –
TRH 11
Draft amendments
Adds R 40 to each penalty (R20 discount)
No discounts for foreigners and 3 x the penalty?
Changes in operator points
No sliding scale for operators
No commissioner of oath signature?
Submission of documents by email
Changes in form format
AARTO 32 and 33
No Act amendments yet
Law Enforcement Bill will amend AARTO Act
CONCLUSION
AARTO requires management of drivers,
proxies, general administration of vehicles
Roadworthiness of vehicles
Contracts with subcontractors
Law enforcement will be a factor
Disciplinary procedures to be in place
New amendments in process

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