From the beginning the Association has said “make it simpler” (like everywhere else in the world), “make it focussed” (like everywhere else in the world) and “make it accessible” (ditto).

Obviously, the RFA, which is serious about improved road safety conditions, better efficient logistics and a reduction in the huge financial strain on the medical infrastructure of the country, supports any and all attempts to improve the state of safety on our roads by reducing the risks and aberrant behaviour that currently exist.

The RFA reiterates that the major contributors to incidents on the roads must be identified and clearly prioritised, so that the causes for these incidents (crashes) that result in injuries and death can be addressed through a concerted effort to change behaviour. Behaviour that results in these factors playing the contributing role that they do.

The RFA highlights that, through-out the world, successfully targeted actions focussing on demotivational programmes to modify aberrant behaviour are the norm, and have been successful.

However, there are some serious flaws in AARTO which will negatively affect the efficacy of the intended system as well as create huge operational challenges regarding vehicles – which will result in negative effects to the financial and operational sustainability of road freight businesses in South Africa.

Appeals Tribunal – administrative burden

The AARTO Act refers to the appointment of a Tribunal – one Tribunal – not one per Province, licensing authority or Metropolitan area.

According to reports, there were 1 823 040 infringements issued during the 2024 calendar year (in Tshwane & Johannesburg alone). If 10% of these infringements are to be appealed, it will amount to roughly 180 000 appeal cases being heard by the Appeals Tribunal consisting of 9 people hearing each appeal.

A simple calculation suggests that they will have to hear approximately 850 appeals per day. This will create a bottleneck in the system.

What about ALL the infringements issued across the whole country (when in operation)? How will the Tribunal cope?

The appeals process will require documents to be handed in, stamped, signed and a copy be handed back to the infringer, all by the local licensing department / issuing authority which are already overloaded with their current workload in terms of licensing and testing of vehicles and drivers.

These additional AARTO responsibilities will create longer queues and more pressure at these centres.

The question to be asked is whether these centres will be able to cope with this additional burden and whether all the local authorities and municipalities are aware of the additional duties that AARTO will require and whether they have budgeted sufficiently for these services.

Furthermore:  Tribunal members are appointed on a part-time basis. How will they deal with the possible workload, given the example of possible volumes of work heading the way of the Tribunal?

Finally: legislation requires the Tribunal to be appointed when the legislation is enacted. Where is the Tribunal?

Demerit points for vehicles

The RFA has always opposed the issuing of demerit points to vehicles.

Nowhere else in the world do vehicles get demerit points to “change behaviour” – a vehicle is either roadworthy and fit to be used on a public road, or not. The objective is to reduce risk and ensure that vehicles being operated on the road are roadworthy – if not then remove from the road, repair, inspect and reissue roadworthy.

Currently a vehicle is suspended from operation on a public road – and once repaired and having “passed” a roadworthy test, is again able to operate (and generate income).

Thus, the current legislation, when properly and consistently applied by road traffic authorities, will achieve the desired aim far better than vehicles earning points and being barred from being returned to use when repaired.

Furthermore, as regards the resale / trade / cycling of vehicles: the effect of points allocated to vehicles will result in stalling / refusal of sales (or vastly reduced valuation of vehicles / delay in fleet replacement / ability to trade vehicles). This will impact both private vehicle transactions (from luggage trailers and caravans / private vehicles to fleet / commercial vehicles).

Vehicle cycle and demand operations of businesses (whether rental / fleet leasing or operational) is huge and cannot be taken lightly. It is important to highlight that in the case of representations, the process to follow is convoluted in being time consuming, hugely administrative and reliant on authorities providing information / confirmation and feedback within the prescribed time frames.

The cost element for any company is that if the representation is rejected (on whatever basis) no discount will apply and the full penalty and applicable fees will be payable. Penalty levies are a revenue generation process – nothing more, nothing less.

Exceeding the total number of demerit points for a particular vehicle results in the suspension / cancellation of the operator card for that vehicle. Further to this – Section 46(1) of the NRTA (the National Road Traffic Act  93 of 1996) notes that a new operator card cannot be issued to an operator where any vehicle operator card has been suspended (for the period of that suspension).

The Association cannot say it loudly enough, or repeat it enough times – Scrap points on vehicles!

Rehabilitation Programme

Habitual offenders are eligible for a rehabilitation programme (after the second suspension as per definition of a “Habitual Offender”).

Whilst the RFA supports all initiatives to improve road safety and the general behaviour of all road users, it is not convinced that AARTO will change the current behaviour of road users.

Finally, the impact a demerit point system will have on drivers in a country where there is no alternative public transport network to speak of, is concerning. In all other countries across the globe where a demerit point system is in place – and is successful in having a positive impact on driver behaviour – a reliable, efficient and developed public transport service is in place.

Having thousands of infringements / offences that are to be policed and administratively dealt with is too far a stretch.

Most other countries have between 15 and 30 BEHAVIOURAL causes that are focussed on. Results there speak for themselves. They are far simpler systems, with manageable processes and measurable results. More importantly – with positive change in the identified areas.

It’s time to radically rethink the way in which AARTO needs to be focussed and applied.

By Gavin Kelly, CEO of the Road Freight Association