Differences between the Old and New Road Transport Legislation
As the time nears to when government releases the final roll out date for the new road transport legislation (AARTO), it becomes vital that road users familiarise themselves with the new policies. The changes inherent in the AARTO act and the current traffic regulatory laws diverge greatly - this extends to penalties and how they are prosecuted. More than likely there will be a great deal of confusion in the first few months when AARTO and the demerit system are finally implemented, which means that drivers need to be knowledgeable to protect themselves.
In the past any and all traffic violations were administered by the Criminal Procedures Act which meant that even fines as low as R50 could lead to a summons to appear before the court. Clearly such an action would consume a great deal of the courts’ valuable time with no merit to the action. Under AARTO law the jurisdiction of minor traffic violations now passes into the realm of civil proceedings. Not paying your fine, however, can still have severe financial results.
The AARTO system does not allow for the arrest of a transgressor for minor traffic infringements as the current system does. The AARTO system does, however, retain fangs for this class of transgression but they are applied from a civil authority, which outlaws arrest over the matter.
On the negative side, for repeat offenders in any regard, a sheriff of the court is now empowered to travel to your home and seize your movable assets. Should you decide to interfere with this process, he will contact the police who will then assist him and possibly charge you with a criminal offence. He is further empowered to deface the licence disks of all of your vehicles, not just the one in question. AARTO authorities will also be entitled to list you with credit bureaus.
There are many further distinctions but as the clock ticks down on the roll out schedule, it becomes more and more imperative that citizens learn their rights in terms of the new road transport legislation. Contact Us for more information on AARTO Preparedness.
Author : SASM
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