AartoLegal

New Draft Amendments to Aarto published for comment

The Department of Transport has published a draft amendment to the AARTO Regulations by Notice 223 in Government Gazette 34208 on Friday, 15 April 2011, for comment. Comments may be submitted to the Department of Transport until 14 May 2011.

The amendment contains the following:

  • The set of AARTO regulations is replaced by a new set of regulations
  • AARTO 32 and AARTO 33 are added to allow for notices before summons to be issued for offences
  • A R40-00 service fee has been added to all infringement penalties.
  • New provisions are added to cater for offences where the driver is not arrested by the issue of a notice before summons. This notice may also be mailed by ordinary mail.
  • The requirement that notices must be sent by registered mail if it is posted, is not being amended.
  • A few infringements were included that are part of the National Land Transport Act, 2009. It is assumed that the amendments will only be implemented once the Transport Law Enforcement Amendment Bills are proclaimed as the act does not currently cater for such infringements.
  • Many forms have been amended and AARTO 07 and 08 will be allowed to be submitted electronically or at an issuing authority once the amendment has been promulgated
  • The 21 day resubmission requirement if no receipt has been received has not been deleted and is still part of the legislation
  • Many additional infringements have been added that was added to the national road traffic legislation over the last 3 years.
  • Certain infringements have been classified as major infringements – this means that once the legislation is passed no AARTO 08 representations may be made for those cases.

Please note this is just a short summary of some of the amendments and not all amendments are addressed.

Government Gazette 34168 was published on 31 March 2011 amending regulation 7 of the Cross-border Road Transport Regulations. This adjusts the fees for permits.

Regards

Alta

5 MAY 2011 – In-house AARTO session at our offices in Waverley, R1 250 per person (Course documentation will be supplied) *Limited seats available

OUR ANNUAL ROAD TRANSPORT LEGISLATION WORKSHOPS WILL BE:

24 MAY 2011 IN DURBAN, 26 MAY 2011 IN STELLENBOSCH, AND 31 MAY 2011 IN PRETORIA *Limited seats available

If you wish to register please visit our Website www.altaswanepoel.co.za or contact our offices via e-mail at altaswanepoel@mweb.co.za

Also view: New Aarto proposals may hike traffic fines


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