Linkedin Envelope

Aarto Redefining Driving: Part 1

Stay informed about the implementation of the Aarto Act on July 1, 2024. Learn about its history and recent amendments.
Reading Time: < 1 minute

In August last year the Minister of Transport Sindisiwe Chikunga announced that the Administrative Adjudication of Road Traffic Offences (Aarto) Act is set for implementation on July 1, 2024. This was after the Constitutional Court ruling which declared that Aarto was valid and constitutional. Will this happen, who knows.

Aarto has a long history. First seeing light as Act No. 46 of 1998 with regulations being issued on 1st July 2008. In August 2019 the Act itself was amended and two months later in October 2019 Fikile Mbulula gave notice to amend the regulations. One reason for the amendment of the Act was to improve the manner of serving documents to infringers. Section 30 of the principal Act was amended to change the requirement that any document required to be served on an infringer must be served on the infringer personally or sent by registered mail. Such document which sent by registered mail was regarded to have been served on the infringer on the tenth day after being issued by the post office. Really – registered mail being received within ten days! Not a chance.

This has now been amended to allow for service by personal service, postage; or electronic service. A document which is sent is deemed to have been served on the infringer on the tenth day after posting the said document or of the electronic service …. unless evidence to the contrary is adduced, which evidence may be in the form of an affidavit. In the next article we will delve into what is an infringement and the carrot and stick approach to paying fines.

Related Posts
Law

Lights, Camera – no Action!

No this is not Hollywood, this is you on the roads in South Africa. You are either driving along listening to the music in a car and suddenly a police officer jumps out at you and you know you have just been caught in a speed trap. Gone through a red light and see that flash behind you – oops! Never fear because the Prosecuting Guidelines for Speed Measuring Equipment and Traffic Light Violation Monitoring Equipment is here to protect you. This has been issued by the Technical Committee for Standards and Procedures for Traffic Control and Traffic Control Equipment, We refer to version 1.5 issued February 2012. We believe that this is still in force. The object of the guidelines is to ensure the accuracy and reliability of measurement results for fair prosecution. The decision whether or not to prosecute however still remains in the discretion of the prosecutor.  The operator of any Speed Measuring Equipment (SME) shall be a traffic officer appointed in terms of the road traffic legislation; and be in possession of an operator’s certificate for the specific type of SME.  An accredited laboratory -shall calibrate or verify all speed measuring equipment and all time or

Read More
Latest news

Running your Company – Removing Employees

If you run your own company it may happen that you have a desire, for whatever reason to dismiss an employee. No problem, just tell them to pack their bags and but come back. Sorry, it is not as easy as that. Human rights and all that jazz. Whilst this article is written from the employer point of view, obviously the reverse applies to the employee. So, you have entered into a contract of employment with your employee. The terms for dismissal are noted in this contract and they are in alignment with the Basic Conditions of Employment Act 75 of 1997. [37] states that, Notice of termination of employment 37. ( 1 ) Subject to section 38, a contract of employment terminable at the instance of  a party to the contract may be terminated only on notice of not less than— (a) one week. if the employee has been employed for four weeks or less: (b) two weeks. if the employee has been employed for more than four weeks but not more than one year: (c) four weeks, if the employee—  (i) has been employed for one year or more: or (ii) is a farm worker or domestic worker

Read More