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Aarto act about road safety, not hefty e-toll fines – agency

“There is nothing unconstitutional with respect to how it was developed and how it will work."

Reports that new traffic legislation will result in Gauteng motorists paying hefty fines for not paying e-tolls were misleading, the road traffic infringement agency has said.

The agency said in a statement it had noted “with great concern” reports linking the administrative adjudication of road traffic offences (Aarto) act to the implementation of e-tolls.

“These reports tout the act as a bullying tactic to force motorists into paying e-tolls,” it said.

ALSO READ: The Aarto demerit system – how not to lose your driver’s license

“This misleading information is disingenuous as the Aarto is not intended to be used for the purposes alleged.”

The agency said it was public knowledge that president Cyril Ramaphosa had established a task team headed by transport Minister Fikile Mbalula to craft solutions to e-tolls.

“The so-called experts are behaving like prophets of doom, claiming amongst others, that the Aarto bypasses ‘normal traffic legislation and tackles offenders in ways which many view as unconstitutional because they deprive citizens of their right to a fair judicial process’.

“There is nothing unconstitutional with respect to how Aarto was developed and how it will work. In fact, it provides even more protection to infringers to exercise their rights.”

ALSO READ: New traffic laws added to the AARTO Amendment Bill

This week the DA raised concerns that motorists could be fined between R250 and R500 for every e-toll gantry they didn’t pay for.

The Aarto act indicated non-compliant operator class vehicles could be fined R500 per gantry, according to DA Gauteng legislature member Fred Nel.

Nel said this meant the driver would lose one demerit point.

The organisation undoing tax abuse (Outa) said the fines were a result of wording in the act which prohibited motorists from ignoring any traffic sign.

“As the legislation now reads, you will be fined for ignoring a road sign on the freeway which is clearly marked,” said Outa CEO Wayne Duvenage.

ALSO READ: Outa suggests solutions to etoll impasse

“If you pass a gantry where the road sign calls on you to pay and you don’t pay you will be fined R250 for ignoring that sign.

“We don’t think it was a way to force motorists to pay e-tolls but rather an unintended consequence of the current wording of the act.”

Duvenage said he hoped the act would be amended before it was published in the Government Gazette to be binding on motorists.

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