Overview of the AARTO Amendment Bill & the Points Demerit System. By Mr Japh Chuwe: Registrar/Chief Executive Officer 9 March 2016

Similar documents
Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No dated 02 February 1998 NOTICE 677 OF 2013

ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES ACT 46 OF

REPUBLIC OF SOUTH AFRICA

DEPARTMENT OF TRANSPORT 16 July 2008

NOTICE 1544 OF 2008 DEPARTMENT OF TRANSPORT PUBLICATION FOR COMMENTS: TRANSPORT LAW ENFORCEMENT AND RELATED MATTERS GENERAL AMENDMENT BILL, 2009

AN GARDA SÍOCHÁNA POLICING PLAN 2014

(28 April 1999 to date) JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS ACT 16 OF 1963

CROSS-BORDER ROAD TRANSPORT AMENDMENT BILL

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY AMENDMENT BILL

ACTS AMENDMENT (PERTH MARKET AUTHORI ) ACT

ROAD ACCIDENT FUND AMENDMENT BILL

A TIME FOR CHANGE THE GARDA SÍOCHÁNA CORPORATE STRA CORPORA TEGY TE STRA

SPEED ENFORCEMENT GUIDELINES

2013 Bill 32. First Session, 28th Legislature, 62 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 32 ENHANCING SAFETY ON ALBERTA ROADS ACT

Children (Protection and Parental Responsibility) Act 1997 No 78

Supplement No. 16 published with Extraordinary Gazette No. 71, dated 9 September, 2016.

the implementation and documentation of appropriate arrangements, be publically available; and

Chapter 381. Probation Act Certified on: / /20.

The Road Safety (Amendment) Law of 2000 is published in the Cyprus Government Gazette according to Section 52 of the Constitution.

Supplement No. 8 published with Extraordinary Gazette No. 81 dated 24 th October, 2018.

AS AMENDED IN THE SENATE. No. 1 of 2017 SENATE BILL

Road Transport (Driver Licensing) Act 1998 No 99

Written traffic warnings

EXPLANATORY MEMORANDUM. provide for a reduction in the Blood Alcohol Content (BAC) level for drivers;

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 57, No. 41, 5th April, 2018

SCHEDULE REPUBLIC OF SOUTH AFRICA THE RESTITUTION OF LAND RIGHT AMENDMENT BILL (P J Mnguni MP)

EFFECTIVE DATE: May 20, 2011

UNTAET REGULATION NO 2001/8 ON THE ESTABLISHMENT OF A REGIME GOVERNING ROAD TRAFFIC IN EAST TIMOR

NOTICE 1103 OF 2013 DEPARTMENT OF MINERAL RESOURCES MINE HEALTH AND SAFETY ACT, 1996 (ACT NO 29 OF 1996)

The Commissioners for Oaths Act, 2012

ANTIGUA AND BARBUDA THE ANTIGUA AND BARBUDA INSTITUTE OF CONTINUING EDUCATION ACT, No. of 2008

Fire and Rescue Services Act 2004

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

PREVENTION AND TREATMENT OF DRUG DEPENDENCY ACT 20 OF 1992

ACT. This Act may be cited as the Constitution of Zimbabwe Amendment (No. 17) Act, 2005.

A Guide to the Legislative Process - Acts and Regulations

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 158

VOLUNTARY REGISTER OF DRIVING INSTRUCTORS GOVERNING POLICY

2007 Mental Health No.5 SAMOA

Highway Traffic Act Code de la route

An Act to amend the Public Works Act Public Works Amendment 1963, No; , No. 42

Government Gazette Staatskoerant

DISTRIBUTED BY VERITAS TRUST

The Summary Offences Procedure Act, 1990

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS

LAND USE MANAGEMENT BILL

NOTICE 725 OF The closing date for submissions is 26 July Submissions and enquiries must be directed to

AN BILLE UM THRÁCHT AR BHÓITHRE 2009 ROAD TRAFFIC BILL Mar a ritheadh ag dhá Theach an Oireachtais As passed by both Houses of the Oireachtas

THE CHILDCARE BILL Memorandum prepared by the Department for Education for the House of Lords Delegated Powers and Regulatory Reform Committee

Industrial Relations Further Amendment Act 2006 No 97

DRAFT FOR CONSULTATION

BELIZE BORDER MANAGEMENT AGENCY ACT CHAPTER 144 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

ROAD SAFETY ACT 2006

1990 CHAPTER S HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

BIRTHS AND DEATHS REGISTRATION (AMENDMENT) ORDINANCE 2013

Number 23 of 2006 ARRANGEMENT OF SECTIONS. 2. Regulations to give effect to acts of European Communities.

ROYAL CANADIAN MOUNTED POLICE ACT [FEDERAL]

MINE HEALTH AND SAFETY AMENDMENT BILL

THE STATUTES OF THE REPUBLIC OF SINGAPORE PARKING PLACES (SURCHARGE) ACT (CHAPTER 215)

THE BANGALORE CITY CIVIL COURT ACT, 1979 CHAPTER I CHAPTER II

deletions are shown by strike-through font in red, insertions by underlining and blue font colour BILL

The Provincial Tax Commission Act

By-law (Consolidated as amended)

REPUBLIC OF SOUTH AFRICA

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

House of Commons NOTICES OF AMENDMENTS. given on. Wednesday 7 May 2014

SCOTTISH ELECTIONS (REDUCTION OF VOTING AGE) BILL

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 39, No. 132, 6th July, 2000

Transport (Scotland) Bill

The Summary Offences Procedure Act, 1990

ELECTORAL REGISTRATION AND ADMINISTRATION BILL

UNIVERSITY OF CAPE TOWN. SRC Constitution

Alcohol Control Act B.E (2008)

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES LEGISLATION AMENDMENT (SUNSETTING REVIEW AND OTHER MEASURES) BILL 2018

SUMMARY PROCEEDINGS ACT

Home Office Statistical Bulletin

TRANSPORT LAWS AND RELATED MATTERS AMENDMENT BILL

Delegated Powers Memorandum. Courts and Tribunals (Judiciary and Functions of Staff) Bill. Prepared by the Ministry of Justice

TITLE I: GENERAL PROVISIONS. Chapter 10.GENERAL PROVISIONS

SENATE BILL NO. 5 98TH GENERAL ASSEMBLY 2015 AN ACT

BROAD-BASED BLACK ECONOMIC EMPOWERMENT AMENDMENT BILL

Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill [AS AMENDED AT STAGE 2]

Health and Character Declarations Policy

LIMPOPO TRADITIONAL LEADERSHIP AND INSTITUTIONS ACT 6 OF (Signed by the Premier) [DATE OF COMMENCEMENT: 1 APRIL 2006]

6.0 ENSURING SAFETY AND JUSTICE

Whale Protection Act 1980

THE DISABLED PERSONS (EMPLOYMENT AND REHABILITATION) ORDINANCE, 1981 (XL OF 1981)

[ASSENTED TO 11 JULY 1977] [DATE OF COMMENCEMENT: 16 SEPTEMBER 1977] REGULATIONS IN RESPECT OF THE SAVING OF PETROLEUM PRODUCTS

THE FEDERAL LOBBYISTS REGISTRATION SYSTEM

World Youth Day Act 2006 No 106

The Council of La Trobe University makes this Statute under section 30 of the La Trobe University Act 1964.

SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE AMENDMENT BILL

PEDICABS (LONDON) BILL EXPLANATORY NOTES

POLITICAL PARTY FUNDING BILL

URBAN COUNCILS AMENDMENT BILL, 2011

JURISDICTION OF REGIONAL COURTS AMENDMENT ACT

Government Gazette REPUBLIC OF SOUTH AFRICA

NATIONAL MINIMUM WAGE BILL

Transcription:

Overview of the AARTO Amendment Bill & the Points Demerit System By Mr Japh Chuwe: Registrar/Chief Executive Officer 9 March 2016

Contents Background Mandate Justification for Amendments Situational Analysis Legislative Interventions The Amendment Bill Conclusion

Background The Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998) (the Act) seeks to promote road traffic quality by: providing for a scheme that discourages road traffic contraventions and facilitate the efficient adjudication of road traffic infringements.

Background Objectives of the Act: encourage compliance to road traffic laws encourage payment of penalties establish procedure for effective and expeditious adjudication of road traffic infringements alleviate the burden on courts penalise infringers through the allocation of demerit points reward good behaviour through the reduction of demerit points

Background The Act was passed in 1998 and amended 3 times Amendment Act No 22 of 1999 to substitute definition of issuing authority, regulate execution of warrants, further provisions for service of documents, further regulate apportionment of penalties, to repeal section 6 of Finance & Financial Adjustments Acts Consolidation Act, 1977 and incidental matters

Background Amendment Act No 24 of 2000 to regulate the appointment of Registrar, Deputy Registrars and Representation Officers Amendment Act No 72 of 2002 to regulate the composition of the RTIA Board, appointment of sheriffs, increment of payment period for infringement fines and incidental matters

Mandate The AARTO Act No. 46 of 1998 legislates for three different matters.

Mandate Promulgated in restricted jurisdictions in 2008 in order to: test the applicable systems, processes & procedures Assess the impact on operations Determine the relevance of the legislative framework Identify weakness & implement applicable interventions prior to rollout

Mandate A number of deficiencies were identified in the pilot report from 2010 Applicable interventions made in respect of: Systems functionalities & business processes Related legislative interventions were made to regulations Amendments to the Act were developed and published for comments Process awaiting parliamentary consideration and promulgation

Justification for Amendments Amendments proposed to the Act are a Constitutional imperative They are based on the vision of the National Development Plan & the country s commitments to the United Nations Decade of Action for Road Safety Made in line with international best practice Aligned to technological innovations and developments

UN Decade of Action for Road Safety Pillars We....................... Pillar 4 Safer road users Pillar 5 Post-crash care response Pillar 7 Pillar 3 Youth & Road Safety Safer vehicles Pillar 2 Safer roads Pillar 1 Road Safety Management

UNDoARS Pillar 4 Under the UN Decade of Action, the RTIA impacts on the following imperatives ACTIVITY 1 Increase awareness of R/S risk factors Promotion of prevention measures Social marketing for behavioural change ACTIVITY 2 Compliance with speed limits & foster evidence based standards Reduce crashes & injuries SAFER ROAD USERS ACTIVITY 3 & 4 ACTIVITY 7 & 8 Reseach & Policies for work-related Road Safety PPP & informal sectors Graduated Driver Licensing Systems Reduce alcohol related crashes Reduction of head injuries & motor cycle crashes ACTIVITY 5 & 6 Promote use of seat-belts & child restraints Transport & OHS for freight, fleet & public transport

Situational Analysis Road carnage is a global problem affecting all sectors of society Road Traffic Crashes kill more than 1.3 million road users worldwide annually 50 million injured per annum The RTIA must in conjunction with other role players within the Government and NGO environments strive to limit the number of crashes on our road network The RTIA will through the AARTO system and related activities positively contribute to creating a safer road environment and the same time create a culture of voluntary compliance to road rules

Situational Analysis One of South Africa's Great Challenges!!! To significantly reduce the carnage on our roads!

Situational Analysis Some Problems On the roads. Look familiar?

Situational Analysis How about Drunk Driving? Ponder over this:

Legislative Interventions It comes as a response to the following challenges: Reduction of carnage on our roads by 50% in 2020. + 90% of all road accidents are preceded by a road traffic offence Need to improve road-user perceptions, attitudes and behaviour High rate of non-compliance with traffic regulations, Non-finalization of offences and an administrative burden of the CJS

Legislative Interventions Seeks to amend the AARTO Act in the following aspects: Operational efficacy and financial viability for Issuing Authorities & roleplayers Amends the RTIA from being an Agency to an Authority Systems readiness, convenience and operational compatibility for implementation of AARTO forge closer relations between enforcement and the adjudication processes, whilst upholding objectivity, transparency and fairness Introduce rehabilitation programmes

Legislative Interventions Empowers the Agency through its Board to open a bank account Empowers the Agency to issue a thirty two (32) day notice on insufficient payments, instead of warrant Repeals section 21 (which deals with warrants) In addition to existing methods of service, the Bill introduces electronic method of service Apportionment of Penalties Transitional provisions General provision and consequential amendments

The Amendment Bill Introduces financial prudence and cost-cutting mechanisms through electronic service Motorists and especially large fleet operators will benefit from drastically reduced costs of service Provides for interactive processes between authorities and infringers (eg, electronic nominations, representations, etc)

The Amendment Bill Apportionment of Penalties The Bill proposes the sharing of penalties paid in instances where the infringer makes a deposit into the bank account of the Agency, in which instance the Agency having deducted its administrative costs pays over the remainder to the relevant issuing authority Transitional provision Section 35(1) of the principal Act is amended by the substitution for the word offence with infringement Notice already issued in terms of the Criminal Procedure Act(CPA) should proceed to be finalized in terms of the CPA process General provision and consequential amendments Minor / major infringement is replaced with infringement National Contraventions Register (NCR) is replaced with National Offences Register (NOR)

The Amendment Bill The AARTO Amendment Bill, 2015 was published in Government Gazette No. 36613 dated 28 June 2013 A wide range of stakeholders were consulted in the preparation of the draft Bill, including amongst others the following: - Department of Justice and Constitutional Development - National Prosecuting Authority - South African Police Services - Road Traffic Management Corporation - Metropolitan Police Departments - Provincial Departments of Transport - Justice & Crime Prevention Cluster - NEDLAC - SALGA - Members of the public

The Amendment Bill The Department and State Law Advisors are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 76(1) or (2) of the Constitution since it falls within a functional area listed in Schedule 4 to the Constitution, which is road traffic regulation Bill has served before the following committees; DEVCOM,JCPS and Cabinet Committees, All the related pre-certifications were obtained from the State Law Advisor, The Bill was formally tabled at the National Assembly in December 2015 & is expected to be promulgated during the 2016/17 period The Bill will be a precursor to the national implementation of AARTO