Traffic agency says car dealers’ fears of Aarto are unfounded

In a recent Business Day interview, “Aarto act could hit car dealers’ pockets when launched”, the chair of the National Automobile Dealers’ Association (Nada) expressed concern that the new legislation could negatively affect the business of selling cars.

Nada chair Brendon Cohen said dealers would have to verify demerits on any car ahead of a sale, launching what he said could be a long and painful process to locate the perpetrator or perpetrators.

The suspension of an employer’s operator permit while on duty and/or in their personal capacity would also create glaring challenges not only for dealerships but also for many companies with fleets, Cohen said.

“The demerit system places an obligation on employers to account for their own conduct, as well as that of their employees, with a construct that says a juristic entity that fails to nominate the driver of a vehicle it owns accumulates demerit points against the relevant vehicle’s licence disc.”

The Road Traffic Infringements Agency (RTIA) has responded to Nada’s concerns, saying representations can be made by the owner of the vehicle to query penalties. Agency spokesperson Monde Mkalipi said a car with unresolved demerits on its licence would be transferred to the next vehicle bought by the person who incurred the demerits.

He added that the system was designed to reward good driving behaviour and demerits were not permanent. According to the Aarto act, if a driver with demerits does not incur any more infringements the RTIA will reduce the total number of accumulated points by one point for every three months of clean driving.

Cohen also queried what would happen where demerit points were given to a rental car driven by a foreign national in South Africa who exited the country without settling the infringement, as many rental units end up on pre-owned dealer floors.

Mkalipi said in this case a Traffic Register Number developed and managed by the Road Traffic Management Corporation (RTMC) was an acceptable form of identification to effect Aarto in respect of infringers in possession of foreign driving licences.

A traffic register number is the main identification number accepted for road traffic transactions on the eNatis site for foreigners.

“If you are a foreigner and not yet registered on the eNatis and you want to buy or register a motor vehicle in South Africa, you must produce your foreign identification document to be introduced onto the eNatis,” said Mkalipi.

“If you do not have a foreign identification document, you will need to apply for a traffic register number (TRN), provided you have a valid passport, driving licence or a travel document that provides proof that you are legally in South Africa.”

The RTIA said its website had been configured to allow for the capturing of various elective options as provided for by the legislation.

Mkalipi did not provide a date for when the long-delayed Aarto system will go live countrywide. He said the full rollout would take place once the Aarto Amendment Act has been proclaimed and the date for commencement gazetted.