Groups to challenge Aarto toll regulations set to penalise motorist for not paying tolls

Motorists have about a month to object to proposed amendments to the Administrative Adjudication of Road Traffic Offences Act (Aarto), which could see drivers being fined for not paying for toll roads.

This despite cabinet still having to decide over possibly scrapping e-tolls since last year.

Earlier this month, the Department of Transport published a 495-page gazette containing amendments to Aarto.

These included fine print regulations stating that drivers of roadworthy cars (RWC) would pay a R1 000 fine, instead of getting demerits, for failing “to comply with […] a road sign by an e-road without paying”.

The new regulations would be implemented on 1 July 2021.

Outa legal project manager Andrea Korff said the proposed Aarto regulations provide for unenforceable fines on e-tolls and conflicted with Sanral’s policy of no longer enforcing collections.

“These draft regulations allow the Road Traffic Infringement Agency (RTIA) to fine motorists who don’t pay e-tolls per unpaid gantry, plus a further R100 administration fee for each notice informing the motorist of the fine.

“Motorists will also not be able to renew their licences if they do not pay these fines, as enforcement orders are expected to accrue should these ‘fines’ remain unpaid,” she said.

Korff said Outa will legally challenge the constitutionality of the Aarto Act and the Aarto Amendment Act.

“This legislation intrudes upon the exclusive executive and legislative competence of the local and provincial governments as envisaged in the constitution.

“We are currently compiling comments on the draft Aarto regulations, which will include a comment on various aspects of the regulations. We also have a long-standing legal challenge against the Gauteng e-tolls, which Sanral placed on hold indefinitely in March 2019.

“The issue of fining motorists under Aarto for unpaid e-tolls is not new. We have raised this problem with the previous version of the regulations, which aimed to enforce e-toll compliance but were never brought into effect.”

Fines4U Cornelia van Niekerk said they were also going to challenge the regulations.

“The system will put many people under a huge financial burden. This is unacceptable. It seems they are using the Aarto fines to force people to pay, because why would they add the new fine if they had no intention of using Aarto regulations?’’

Sanral has yet to comment on the issue.

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