Justice Project South Africa has again noted with alarm that the public are being further confused by reports stating that AARTO infringement notices issued by the JMPD since 22 December 2012 are “invalid”.
Whilst it is most certainly true that these infringement notices have not followed the prescribed processes laid down in the AARTO Act, the assumption by offenders who have been issued with infringement notices that this will mean that they can “tear such notices up and throw them in the bin” as they will be automatically cancelled is far from the truth.
The AARTO Act prescribes that any person who has been served with an infringement notice has the “option” to make representation on an AARTO 08 form stating the reason/s for which they feel they should not be held responsible for it. This “option” can be exercised where deficiencies in processes have taken place, as well as should the alleged offender feels that they had a justifiable excuse for, or are innocent of committing the alleged infringement.
The automatic cancellation of invalid AARTO infringement notices has only taken place ONCE in the history of the “pilot” implementation of AARTO, when the JMPD automatically cancelled infringement notices which resulted from a faulty speed camera in Republic Road in Randburg which was over-reading the speeds of vehicles during the months of July and August 2012. The JMPD also committed to refund people who paid these infringement notices.
Despite the fact that AARTO infringement notices issued by the JMPD since 22 December 2012 have not proceeded to the subsequent stages of Courtesy Letters and Enforcement Orders as is prescribed by the Act, they were sent by registered mail as is required by the Act. The postal strike severely affected the service of these infringement notices and as a result, service did not occur within 40 days of the alleged infringement as is required by regulation 3(1)(b) of the Act.
Effectively, this means that any person who was not served with an AARTO 03 infringement notice in compliance with this regulation may make representation to have the infringement notice cancelled. They may not make representation to have the discount reinstated as the AARTO Act does not cater for this.
An AARTO 08 representation form may be downloaded at www.aarto.gov.za and once completed must be sent to the RTIA for consideration. The RTIA may not lawfully refuse to cancel an infringement notice which has not been issued and served within 40 days of the alleged infringement as this would be contrary to the provisions of the Act. The fact that the postal strike took place and disrupted service in this manner is not the problem of recipients of infringement notices; but a failure of a system to perform as had been contemplated.
What is even more disturbing to note is that a big “hoo-ha” is being made about the JMPD spending R8 million a month on postage of registered items, yet little or nothing is being said about the fact that they flagrantly violated the AARTO Act for 2½ years, when they illegally sent out documents purporting to be AARTO infringement notices by ordinary mail and fraudulently bearing their own banking details upon them.
The JMPD continues to harass motorists on a daily basis, fraudulently forcing them to pay infringement notices which should have been printed on two-ply, embossed paper for all that they are worth. These mock infringement notices have been used to unlawfully collect not only the JMPD’s portion of the penalty amount, but additionally, the portion which would have more than funded the RTIA’s postal costs for serving Courtesy Letters and Enforcement Orders.
If there was ever a valid reason to automatically cancel all infringement notices issued by the JMPD, the very first place to start would be with their fraudulent AARTO 03 infringement notices sent by ordinary mail. Keeping them live and continuing to collect upon them is an overt, criminal and fraudulent action and it is high time that the JMPD was prosecuted for their crimes.
JPSA is not making these statements based on some willy-nilly emotional opinion. Ben Martins, the Minister of Transport has acknowledged in Parliament that the AARTO infringement notices the JMPD sent by ordinary (permit) mail are both, “invalid and illegal”.
Best Regards,
Howard Dembovsky
National Chairman – Justice Project South Africa (NPC)