Driving licence demerit system approved for South Africa





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  1. #1
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    Default Driving licence demerit system approved for South Africa

    Hope this isn't a double post.

    Driving licence demerit system approved for South Africa

    Parliament’s Portfolio Committee on Transport has accepted the final amendments on the Administrative Adjudication of Road Traffic Offences (Aarto) Bill.

    The bill will now go to the National Assembly for concurrence and will then be ready to be signed into law.

    The amendment bill is expected to change driving in South Africa, with the biggest changes including:


    • Failing to pay traffic fines can lead to a block on obtaining driving and vehicle licences.
    • Where documents previously had to be delivered by registered mail, authorities will now also be able to serve documents via email and to send reminders via WhatsApp and SMS.
    • The option for offenders to elect to appear in court to challenge the prosecution has been removed.
    • A new demerit system will be introduced, with 1-6 points allocated for offences. If an infringer has more than 12 points, it will result in the disqualification of the driving licence.


    Criticism
    The amendment bill has been the subject of controversy, with a number of civil society group and legal experts stating that the bill is unlikely to have any of the intended impacts on South African driving habits.

    “The Aarto Bill will not have the desired effect of enhanced road safety as we have seen little change in road users behaviour during the Aarto pilot project run in Tshwane and Johannesburg over the past decade,” said Rudie Heyneke, Outa’s transport portfolio manager.

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    Default Re: Driving licence demerit system approved for South Africa

    The law will be challenged and it will go to constitutional court and expectation is that it will be struck down.
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    Default Re: Driving licence demerit system approved for South Africa

    Democratic first world solutions to a Ineptocratic third world problem...

    There is nothing wrong with the current system. This is just going to cost us more money. The problem is in the way the law is implemented (or not implemented)
    If Force is not the solution, not enough of it was applied....

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  6. #4
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    Default Re: Driving licence demerit system approved for South Africa

    IMO they shouldn't implement a system such as this until the current legislation is enforced.

    But with their typical arrogance and incompetence the ANC will force this through.
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    Default Re: Driving licence demerit system approved for South Africa

    Quote Originally Posted by avk View Post
    Hope this isn't a double post.

    Driving licence demerit system approved for South Africa

    Parliament’s Portfolio Committee on Transport has accepted the final amendments on the Administrative Adjudication of Road Traffic Offences (Aarto) Bill.

    The bill will now go to the National Assembly for concurrence and will then be ready to be signed into law.

    The amendment bill is expected to change driving in South Africa, with the biggest changes including:


    • Failing to pay traffic fines can lead to a block on obtaining driving and vehicle licences.
    • Where documents previously had to be delivered by registered mail, authorities will now also be able to serve documents via email and to send reminders via WhatsApp and SMS.
    • The option for offenders to elect to appear in court to challenge the prosecution has been removed.
    • A new demerit system will be introduced, with 1-6 points allocated for offences. If an infringer has more than 12 points, it will result in the disqualification of the driving licence.


    Criticism
    The amendment bill has been the subject of controversy, with a number of civil society group and legal experts stating that the bill is unlikely to have any of the intended impacts on South African driving habits.

    “The Aarto Bill will not have the desired effect of enhanced road safety as we have seen little change in road users behaviour during the Aarto pilot project run in Tshwane and Johannesburg over the past decade,” said Rudie Heyneke, Outa’s transport portfolio manager.

    Completely against the Bill of Rights in part 2 of the SA Constitution:

    34 Access to courts


    Everyone has the right to have any dispute that can be resolved
    by the application of law decided in a fair public hearing before a
    court or, where appropriate, another independent and impartial
    tribunal or forum.
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    Default Re: Driving licence demerit system approved for South Africa

    This is heading for a huge train smash.
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    Default Re: Driving licence demerit system approved for South Africa

    Yep utter BS


    How to advance the bribes the cops charge
    Because if the cop fines you then you lose points
    And according to this you cannot go to court to fight that fine and prove that you were innocent

    So easiest way to not lose your license is just pay the bribe when the cop pulls you over for doing nothing wrong
    It will cost the same and you wont lose points

    How to take SA roads even further down
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    Default Re: Driving licence demerit system approved for South Africa

    I have spoken many times to a lawyer who knows these things well. There are multiple problems with the revised law. Even implementation of the demerit system is problematic. What to do to those who have currently open fines... I will not write what was his comment yesterday.

    Municipalities do not want the AARTO because they will lose revenue. They simply cannot comply with the requirements. I assume all the successful court challenges resulting in tens of thousands if not even more fines being cancelled is the reason for the "no court" modification. That will not work.

    Sending a fine using e mail and then stopping licenses will be challenged. There will be other areas also.

    Original intention of the law was good. The result is about useless. They spent enormous amount of money to set up the system. There are private individuals and companies involved and making money.

    Politicians want to feel that they do something and come up with this rubbish. It reminds me of a large government owned company boss in Finland during late 1970s. He was a political appointee, company was in serious trouble and he had no idea what to do. So to fulfill his daily work he was deciding what color company housing and production machines should be. Did not help the company and same is with this AARTO law. It will not reduce problems on the roads.

    P.S. That company was privatized and is today one of the leading companies in the world on its fields of business. It was a strategic asset for the country like ESKOM but it was sold to private people and no more political appointees.
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    Thumbs down Re: Driving licence demerit system approved for South Africa

    Yet another law to curb our freedoms? No access to court
    We live in a country where we have a law for everything, but we also live in a country where there is ZERO administration of said laws, and very little if any compliance with said laws!
    Doomed to failure, at OUR expense of course!
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    Default Re: Driving licence demerit system approved for South Africa

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    Default Re: Driving licence demerit system approved for South Africa

    Look, I know the rules of the forum is that we comply with the laws of this country, but this new AARTO act will make us all criminals.
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    Default Re: Driving licence demerit system approved for South Africa

    The article states its a push to generate money , and the SAPS can also issue a fine , seems we need to be extra careful , but I wonder how long a taxi driver will take to lose his licence and what are they going to do if he is back on the road tomorrow with one that he has bought?
    I commute by bike daily , and see how often red lights are jumped , are driven threw once changed . Also the amount of driver overtaking on the left , let alone the rest of the bad driving. AARTO wont change this , its a way to turn up the heat to boil the frog in the kettle , once we are gone , and anarchy reigns supreme this act will be cancelled , but until such time I think we are screwed
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  19. #13
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    Default Re: Driving licence demerit system approved for South Africa

    Well here is the costs AARTO will bring
    You want to check how many points you have on your license and it will cost you R60 - R240
    A fine is sent to you and extra R100 admin fee's is added

    Oh you want a copy of your outstanding fines no problem please pay R60

    All fines will have an section with 50% fine discount if payed within 30 days"
    However you contest the fine in any way and you immediately lose the 50%

    And then onto the e-toll's which they claimed had nothing to do with this
    Outa said that the infringements in Schedule 3 include charge codes 3820 and 3820 which state that the motorist: “Failed to comply with the directions conveyed by a road traffic sign by using a toll road without paying the toll charge.”



    You lose your license then you have to go for special training which you will have to pay for
    and oh if you mess up there you will lose license for a year with no way to contest






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    Default Re: Driving licence demerit system approved for South Africa

    All that will really happen, is it will make criminals of good law abiding citizens.




    Many will loose their license, and then we will just continue and drive without it, and have the KFC money handy when stopped.
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    Default Re: Driving licence demerit system approved for South Africa

    Yep it will from the start just be easier to KFC money the cops
    You still lose money paying for "KFC" but you will not lose points

    guilty until proven innocent
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    Default Re: Driving licence demerit system approved for South Africa

    Quote Originally Posted by jelo View Post
    Look, I know the rules of the forum is that we comply with the laws of this country, but this new AARTO act will make us all criminals.
    One of the benefits of AARTO is that there is no criminal record. Current traffic fines can result in criminal record. Generally such is removed on application.
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    Default Re: Driving licence demerit system approved for South Africa

    Quote Originally Posted by Jouko View Post
    One of the benefits of AARTO is that there is no criminal record. Current traffic fines can result in criminal record. Generally such is removed on application.
    I'm sorry, but an admission of guilt means a criminal record?

    Where did you see that it no longer results in a criminal record?
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    Default Re: Driving licence demerit system approved for South Africa

    Originally, and I am sure it is still the case, the demerit points drop off. So for example, one every six months?

    So unless one is a persistent and bad offender, or you live in an area where the law enforcement officials are on a point awarding spree, you are unlikely to run up 12 points anytime soon.

    I don't intentionally push the limit in any way when I drive, but even so one picks up the odd speeding fine. But I see no reason to have sleepless nights over this legislation.

    I just doubt that the legislation / system is going to have the hoped for effect. It may work in places like Australia where I understand that people are pretty law abiding and the enforcement systems are likely to be far more effective.

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