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Staring the biggest short-term saving in the face

01 October 2008 Gareth Stokes

In the first couple of pages of the September 2008 SAIA Bulletin we stumbled across a guest article discussing the implementation of the Administrative Adjudication of the Road Traffic Offences Act (AARTO). This piece of legislation hopes to halve the number of fatalities on South Africa’s roads by 2015. We hope the ‘powers that be’ realise that enforcement will be critical in reaching this lofty goal.

Although certain individuals will object to some of the stipulations in AARTO, we believe that its swift and thorough implementation will be good for the country as a whole. And since road accidents (through damage to motor vehicles) remain a major burden to South Africa’s short-term insurance industry it certainly makes sense for them to pay close attention too. The reality is they’ve been staring the biggest opportunity for short-term insurance claims reductions in the face for a number of years, namely the reduction of motor vehicle accidents.

From Business Against Crime to traffic police

What is the best way for the short-term insurance industry to get involved? After all, it cannot be expected to pick up the traffic enforcement function that government should be performing. One option is to focus on education – perhaps establishing an independent movement similar to Business Against Crime – to educate drivers about their responsibilities when using the country’s roads.

But a far more effective intervention would be to significantly tighten the controls that apply when motor vehicles are insured. Short-term insurers add a few check boxes to their forms to ensure that all vehicles insured by them are correctly licensed and that drivers covered on the policy have valid driver’s licences. Another sensible strategy would be to offer loyalty rewards such as an advanced driving course – and perhaps encourage this by offering advanced driving courses at reduced rates.

The country’s enforcement agencies have a great deal to answer for. Much of the carnage on South Africa’s roads is due to unlicensed drivers, unlicensed and un-roadworthy vehicle and the shocking state of roads.

Shocking road accident statistics

A quick look at the statistics show that we’re dealing with an abnormal situation. South Africa is a country of some 45 million people with 9 million vehicles using its road. At a rough guess one in 10 vehicles is involved in an accident each year. This means approximately 900 000 road crashes for the authorities, vehicle owners and insurers to deal with. These accidents account for 15 000 deaths annually. No surprise then that there were “calls for a re-assessment of the strategies dealing with road traffic management.”

“The AARTO implementation recognises that two of the most important catalysts in effecting an improvement in driver behaviour and law compliance are well planned, efficient and effective law enforcement coupled with and supported by an equally effective, expeditious and just road traffic adjudication system.” To this end the AARTO Act defines three categories of road traffic violation. A traffic offence includes driving under the influence of alcohol or driving in excess of 160km/h in a 120km zone. The Act also defines a number of minor and major infringements in section 29a. Talking on a cell phone or driving at more than 81km/h in a 60 zone are examples of such infringements.

The Act hopes to reduce the load on the country’s courts when it comes to the handling of fines. If you receive a fine you will have 32 days to respond, pay or make arrangement to pay. Should you fail to comply you will receive a letter and a further 32 days to pay. Failing that an enforcement order will be issued. If, after 96 days you’ve still not made an arrangement to deal with the penalty things get a great deal tougher!

Has anyone given thought to enforcement?

Road accidents and fatalities will remain high until drivers (and other road users) make significant changes to their behaviour. AARTO is aware of this and notes: “In order to succeed, there has to be overwhelming support from the community.” But there’s going to have to be a major drive from law enforcement agencies to ‘force’ this support. While South Africa might lack the sheer number of law enforcement personnel to enforce these ambitious plans, it certainly has enough separate departments. We have SAPS and Metro Police for starters.

It shouldn’t be that difficult. Fixing the carnage on our roads requires a no-nonsense approach and an all-out offensive. Here are some of our suggestions. The first priority will be to fix the ridiculous situation that sees hundreds of thousands of unlicensed cars and drivers using our roads. The solution to this problem is road blocks – and plenty of them. Gauteng Metro Police, the SAPS and other traffic enforcement agencies need to be ruthless. Pull vehicles off – check that the license is valid – that the vehicle is roadworthy – that its license plates are clearly visible, front and rear – and that the driver has a validly issued driver’s license. If any of these points are out of order a stronger penalty that a spot fine needs to be devised.

It may sound a bit harsh but we suggest vehicles be impounded and only released once the transgression is remedied. And if you’re getting hot under the collar at this suggestion you might want to make sure your vehicle and licenses are in order!

Editor’s thoughts:
We’ve written on the issue of road safety in previous newsletter. At the end of the day every road user has to take accountability for their actions and obey the rules of the road. Do you think our law enforcement agencies are ready to implement the Act as intended? Add your comments below, or send them to gareth@fanews.co.za

Comments

Added by Johan, 01 Oct 2008
I believe they are ready. Apparently traffic officials will be issued with new trousers with enlarged back pockets. Jokes asside, I do not believe anything will change. To just change legislation will have little impact; it is the commitment and will to enforce that will drive success and I cannot see how/why that would change (maybe the 'back pocket' issue becomes the driver?).
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Added by Martin, 01 Oct 2008
I wouldn't mind seeing the traffic department having their petrol budget increased. This would maybe allow them to do a bit more cruising on the highways during peak hours and maybe give them the ability to pull over aggressive drivers.
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Added by Craig A, 01 Oct 2008
If we can erradicate corruption, then we can get started. It is probably too easy to buy a new ID or licence. I agree with impounding the vehicles, especially if it is being driven by someone other than the owner (delivery vehicles, trucks and taxi's). Let the owner feel the pain, then they will make sure the driver is compliant. If the vehicle is unroadworthy, crush it like they do in the UK. What about having a compulsory insurance scheme like they do in most "civilised" countries? If there are 9 million vehicles on the road, there are only about 3m insured. This is why the insurers are taking serious strain.
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Added by Linda, 01 Oct 2008
I don't think that our law enforcement agencies are ready to enforce any new legislation - they can't enforce existing legislation without taking bribes or (and I can't blame them here) backing off from threats from taxi drivers and others who think they are above the law. Our culture at the moment seems to be one of blatant disregard for authority of any kind. The idea of insurance companies getting involved has only one problem. the people who insure their cars are generally the ones that have valid licenses and driver's licenses. The ones that are not licensed are the ones that cause the accidents and are not insured.
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Added by Yolanda, 01 Oct 2008
Oh c'mon - the greatest contributor to road accident fatalities and carnage can be attributed to taxi's. Do the legislators honestly envisage any change in their absolute disregard for life, law and common decency? What a waste of paper and time. Problem lies in law enforcement of basic road rules, corruption and lawlessness in RSA. If we all stick to the rules and are monitored efficiently, charged for offences accordingly and convicted speedily for non compliance - there will be a drastic reduction in accidents. BUT police dockets are "lost", money changes hands and a mafia style taxi association ensures indemnification from prosecution. We (myself included) are all guilty of celphone chatter whilst driving - it should be slapped into place henceforth! One has the concentration of a chicken whilst you speak and drive.
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Added by Robert, 01 Oct 2008
This will be another example of world class South African legislation enforced dismally. If the authorities wish to save lives, re-educate our entire taxi industry and introduce the UK model whereby the driver of the taxi has to be the owner. (Although this will deny the elite who own taxi fleets a source of income) This will see a vast improvement in driving habits by these individuals who have ZERO respect for the lives of their passengers, other road users and the law. Unfortunatley Metro law enforcement has devolved into a Robin Hood style of enforcement - huge presence in Bedfordview and Sandton were motorists have real addresses and id's and get fined for any petty offence - and yet death traps conveying fare paying passengers go unhindered where ever we look. The current level of enforcement in the 80kmh zones on the N1/N3 is nothing more than daylight robbery. I counted 6 traps between Edenvale and Randburg the other day. Overhaul our enforcement to save lives, not generate income, and we'll be on the way to safer roads for all. Last but not least, lower the legal alchohol limit for driving to 0% - it applies to aviation and that safety record speaks for itself - a bit of a party pooper but the life saved could be yours.
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