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
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Added by Johan, 01 Oct 2008