Road Traffic Infringements Presentation to the Portfolio Committee on Transport 08 June 2004

Contents of the Presentation Background to AARTO Challenges with implementation Work in Progress Issues to be factored in determining the way forward Proposed way forward

Background The research conducted by the Department of Transport indicates that traffic accidents occur annual on our roads, of these 80% are as a result of driver related factors. These accidents cost the government in excess of R 13 billion per annum. Our research suggests that only 28% of the issued fines are collected. The state losses an amount to R755 million in uncollected fines.

Background (2) Publishing of the AARTO Act – 11 Sept Publishing of draft regulations – 14 May 1999 Aims of the Act: –Improving fine collection –Streamlining the legal process –Discouraging repeat offenders

Challenges Cabinet’s view on the need to halt the proliferation of Agencies. Suggestion by National Treasury that the RTIA should be established as a component within the DoT No clarity on the legality of establishing the RTIA as a component of the DoT or the RTMC A firm policy directive is needed to determine the way forward

Work-in-Progress National Treasury approached in regard to the listing of the RTIA - unsuccessful A programme and budget established at the DoT to host this function A feasibility study developing options on the establishment of the RTIA as a been completed. The ff. are the three possible options for the ‘operationalisation’ of AARTO: –Establish RTIA as per the promulgated legislation –Amend legislation to provide for the integration of RTIA functions with the DoT –Amend legislation to provide for the integration of RTIA functions within the RTMC

Issues for Consideration Implications of options 2 & 3: –They require yet another change in the legislation –There will be a delay associated with the process of amending the Act –The RTMC and/or the DoT, depending on the option, may be seen as both referee and player

Proposed Way Forward Apprise the Minister on the three options mentioned above, discuss the implications of each. Obtain legal opinion to determine legality of RTIA establishing the RTIA as part of the RTMC or the DoT Depending on the decision of the Minister, initiate a process for the amendment of the RTIA and/or the RTMC Act Obtain Cabinet approval of required legislative amendments Develop a project plan and dedicate resources to this project Commence with implementing the RTIA