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Aarto to hit e-toll defaulters

And impose huge levies with every traffic fine.
If the regulations get the go-ahead, motorists will be punished three times for a single offence – with a fine, levies and demerit points. Image: Siphiwe Sibeko, Reuters

Motorists have until the beginning of December to comment on draft regulations that will see them pay a R100 levy when issued with a traffic fine and impose a R500 fine on individual e-toll defaulters every time they pass under a gantry.

The regulations to the Administrative Adjudication of Road Traffic Offences (Aarto) and related amendment act that were published in the Government Gazette earlier this month will, once finalised, be implemented countrywide on July 1 next year – provided they survive a constitutional challenge by the Organisation Undoing Tax Abuse (Outa).

According to Outa head of legal affairs Stefanie Fick, Aarto provides for a system of traffic law enforcement controlled by national government. This usurps the powers reserved for provincial and local governments in the Constitution.

Assumptions and consequences

Outa further argues that the provisions in the Aarto Amendment Act for electronic service of documents are inadequate in light of the serious consequences should an alleged transgressor not receive Aarto notices.

The organisation says in its court papers that infringement notices served by email, SMS or WhatsApp messages could be blocked by firewalls or land in junk files.

In terms of the Act, the Road Traffic Infringement Agency (RTIA), which implements Aarto, assumes that after 10 days the notice has been successfully delivered and proceeds with a process that could result in R200 of further levies, demerit points and the blocking of the motorist on the eNatis database

Once the eNatis account is blocked, the owner of the vehicle cannot renew their driver’s or vehicle licences – and if they buy or sell vehicles, will be unable to register or deregister such.

A driver with more than 15 demerit points, will see their driver’s licence suspended.

Outa wants personal service of documents or registered mail to be the only permissible way of notifying alleged transgressors of their fines.

RTIA registrar Japh Chuwe denies Outa’s contentions. According to him, Aarto creates a national framework for consistent traffic law enforcement and does not encroach on other spheres of government.

He further states that motorists will, when registering a vehicle, opt for the mode of communication they prefer. Registered mail has not been removed as a mode of service and vehicle owners who don’t want to be served electronically, won’t be.

No court date has been set.

More voices

The City of Cape Town and Western Cape Provincial Government are also considering a legal challenge to the implementation of the Act next year, according to Cape Town member of the mayoral committee JP Smith.

The Automobile Association (AA) has slammed Aarto as a money-making racket pretending to promote road safety.

AA spokesperson Layton Beard says the R100 levy for every infringement notice is unreasonable and unfair. If the motorist fails to respond to the notice, they will be issued with a courtesy letter and if their inaction persists, an enforcement order. Each of these will also attract a R100 levy that is over and above the fine itself and demerit points.

“It is like having to pay to submit your tax return,” Beard says.

Cornelia van Niekerk, owner of Fines4U, which administers traffic fines on behalf of thousands of individual vehicle owners and businesses, says motorists will be punished three times – with the fine, the levies and the demerit points.

If the Aarto Acts and regulations are implemented in their current form, motorists who travel on Gauteng’s roads without paying their e-tolls will be fined R500 every time they pass under a gantry.

‘Not a debt collection exercise’

The South African National Roads Agency (Sanral) says this is not a debt collection exercise, but traffic law enforcement that has been provided for for a long time.

The actual transgression is ignoring a traffic sign that directs the motorist to pay.

Fick says it might have been provided for in law, but it has never been implemented.

If it is, a return trip between Pretoria and Sandton will cost the motorist R4 000 in fines and a further R800 in levies. Businesses will be fined R1 000 per gantry pass.

Although failure to pay e-tolls and normal tolls do not attract demerit points, ignoring the fines will result in the suspension of the owner’s eNatis account and as a result it would be impossible to renew vehicle and drivers’ licences.

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It is obvious to me that soon we will have 80% unlicenced drivers and unlicensed vehicles on the road.

There is a 19 % compliance of e toll payment and government instead of realizing they are there to serve the people, insist on a power play and with Aarto want to enforce it using licensing.

It seems as if we playing chicken: I for one won’t be paying etolls , ever, so let’s see who is chicken.

It is equally obvious to me that, should they attempt to enforce this, the ruling party will lose all the cities and the province of Gauteng, come the next election.

If the strongest opposition party takes over they will want the same revenue…don’t be fooled.

Clean the cities, start fixing potholes and streets in rural towns, maintain infrastructure, cut the wage bill, get rid of mayors, (city managers will suffice) get your house in order by locking up the corrupt..thats just for starters

When you as a corrupt ANC led Government can prove to us the tax payer that you’re serious about running a country like it should be run with OUR money, perhaps then will we become compliant

Whats good for the goose is good for the gander..

If you can steal our hard earned taxes, surely we can retaliate?

Besides, the ANC created the notion of corruption and theft..We’re tired of your constant lies and useless Municipalities/Government departments

The more you steal the more you want to tax

Go and fly a kite!

Not just mayors, please get rid of the councillors also, they are just a waste of money. SA worked well without them before ANC took over SA to spend but destroy everything on site.

They just love creating new laws to fleece the citizens.. yet Taxi’s are a danger to our roads..they drive like they want disregarding other road users (I have yet to see one being pulled over for jumping a red light)

Road signs are missing, street names stolen, road markings completely faded, traffic lights out of order, no visible law enforcement in cities. The entire inner road network in rural towns and cities is caving in

Everything is focused on the Jhb highways and gantry’s and to hell with the rest. Thats because it’s the easiest and quickest way to make money without earning it

No money left for maintenance.All stolen..they need Gauteng highways to make up for it

This is indicative of a dysfunctional Government

Corrupt and useless to the core!

See how they learn about dictatorship from the displays of eagerness to practice it during the fake emergency.
By the way, there is no signs of any rescinding the draconian suspension of democracy, not that it ever did anything to protect anyone other than the criminals.

Signs of desperation.

The regulations say no such thing about choice of service as Chuwe contends. The entirety of AARTO has been hijacked by government and repurposed to generate revenue on a grand scale to fund, among other things, Chuwe’s R3.3m pa salary. It has zero to do with road safety.

If you include “bonuses” he earned R4 million in one year.

#VoetsekANC!!!!!!!!!!!!!!!!!!!

Prediction : SA will have an incredible proportion of vehicles owned by deceased persons, emigrated persons, etc

They can suck my …….!!!!!!!!!!!!!!

And yet taxis, which are non-tax paying and privately owned, are exempt and there are very few taxis that are legally compliant and who comply with the Administrative Adjudication of Road Traffic Offences Act.

The thieving gangsters in government thinking up more ways to confiscate your hard earned money under the pretence of law.

Much luck collecting from the taxi industry !

Aren’t they exempt from etolls? I believe they were, bafflingly, classified as “public transport”, while they are no such thing. But this lilly livered government will never take them on.

If this outrageous imposition doesn’t result in anarchy, nothing will.

Until a summons arrives they can take a hike : just thrown away about 30 “fines” dating back to 2013 : all prescribed: nothing will change so no worries !!Never ever rec’d a single summons : Amandla

Prescribed debt – Money owed to the State (loan debt, land leased debt, land purchase debt) – 15 years
Private debt prescribes after 3 years.

That still means they need the systems in place and do the work to collect. They can make the prescription period 200 years no government has the capacity to enforce what they are now creating

Please contribute to OUTA’s coffers. They need he financial ammunition to fight this abuse on our behalf.

Outa is our bastion against this corporate crookery by AARTO. Let AARTO try to take people to court – there will be such an outcry that the ANC will have to run away with their tail between their legs. Before Outa, the man in the street didn’t stand a chance against a big govt agency. Now highly competent lawyers can be employed to defend us. AARTO’s systems are a mess, numberplates have been cloned, post boxes shut by the tens of thousands so no notifications cane be delivered. This is a pure moneymaking scam by Sanral. So support Outa.

Outa has been taking my contributions for years now and has accomplished zip!!!

we need to stop playing nice

I think its time we stop complaining and start protesting, like the taxis do when they dont get their way!

if 80% of the gauteng road users just stop their cars on the highways, and freeways daily for an hour or too maybe they will stat hearing us that we wont pay for this ridiculous system.

i want to see them enforce this… lol they just going to lose revenue from license renewals and fines.

if they arrest us they will just end up with 80% of their tax paying population sitting in holding cells? i wonder where the revenue will come from then??

In an ideal world this would be the case but what always gets us is the fact that they pick us off one by one.

What’s more likely to happen is the opposite of what the government is hoping for. Less money from licenses and less from paying of fines, while drivers will become more brazen in breaking the rules of the road.

Have you ever tried to get through traffic in India? Cause that’s what how chaotic it would be if we all chose to behave like a taxi driver.

You’ve missing the point with etolls. The public does see the benefit of well maintained roads.

I speak for myself. The etolls was mired in scandals and enforcing their will against us. etolls was introduced at a time the public was gatvol of the shenanigans in government. The fact that there was an foreign company involved; raised further suspicion of kickbacks.

IN the eastern cape; Nasir Allie was taken to task for etolls there. The alternate routes was not upgraded. I would have preferred that they add an additional levy to the fuel; we were given a pathetic reason to counter this; that they could not split the levies to allocate to etolls. Hence my skepticism.

Stop complaining and pay or else

The moment they supply me with an equitable alternative route from Pretoria to Bedfordview or vice versa, I’ll gladly use the alternative.

By not allowing me that freedom of choice or the ability to use an alternative and thereby forcing me to use the toll roads in stead, I shall be using the toll roads, since there is no alternative.

This makes the whole thing unconstitutional, since I won’t be able to get to or from work, had I been staying in one and working in the other, or vice versa.

There are alternative routes, free segments etc.

I hate to break it to people.. but you guys are exactly what gov is, equally corrupt and thieving types. Yes.. don’t BS people with arguments.. accept it for what it is.. using the toll without paying is theft. Last i checked it went thru all legal hoops and even was contested.. so whats the issue?

Now.. again, if people in Gauteng wanted to force change, all they need to do slow the economy down, i.e. use the free parts and force local municipality to upgrade roads which comes at a cost in terms of productivity and road infrastructure upgrades.

At the end of the day.. it would have forced a re-think. using without paying though just means that 1. debt crisis comes, 2. pensions will get hit eventually as outside investment dries and the need to infrastructure grows, etc.

Question you need to ask youself is this.. would it make you happier if the rand sank to R50/$ but eTolls was free ? I don’t see the majority accepting this but yet we gonna head to worse.

Your logic is flawed and you are missing the point completely. It’s 100% your choice to support corruption and theft, others prefer not to.

No putting a toll in place on a road that has been paid for by road levies and been free for half a century is theft.

The gantries must be getting nervous.

AS I said when E Tolls came out and I got one, WHEN THE GOVERNMENT WANTS YOUR MONEY THEY WILL GET IT !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

End of comments.

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