Administrative Adjudication of Road Traffic Offences Amd Bill; Road Traffic Management Corporation Amd Bill: voting

Meeting report

TRANSPORT PORTFOLIO COMMITTEE
19 June 2000
ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES AMENDMENT BILL; ROAD TRAFFIC MANAGEMENT CORPORATION AMENDMENT BILL: VOTING

Relevant documents:
Road Traffic Management Corporation Amendment Bill [B 32B -2000]
Administrative Adjudication of Road Traffic Offences Amendment Bill [B 31B - 2000]

Chairperson: Mr JP Cronin

SUMMARY
The Committee passed both Bills without amendments. These are to go before the House on 21 June 2000. The UDM noted that while it has no problem with the principle of both Bills it would register an objection regarding the slowness of the process.

MINUTES
Helderberg aircrash
The Chairperson announced that on 14 June 2000 the Civil Aviation Authority (CAA) briefed Cabinet on the Helderberg incident. The CAA was tasked with finding out if there is substance in the Truth and Reconciliation Commission (TRC) report to warrant reopening of the inquiry. The Chairperson said he is looking at the possibility of the CAA briefing the Committee on the issue when members return from recess.

Road Traffic Management Corporation & Administrative Adjudication of Road Traffic Offences Amendment Bills
Mr Van Tonder, General Manager: Road Traffic Management, Department of Transport, gave a brief background to the Bills. He said that in 1998, the then Minister of Transport had led an investigation into road traffic management around the country because of the high incidence of road accidents. A team comprising the 9 MECs for Transport and the Minister found that the problems were due to the fact that there was no standardised policy for dealing with road transport law enforcement and the licensing of vehicles and drivers. The Department developed a systematic concept and in April 1999 the Road Traffic Management Corporation Act was passed by Parliament. The enabling legislation makes possible a standardised policy, better use of resources, and also includes a user pay principle.

In September 1998 it was found through the Arrive Alive Campaign that prosecution of road traffic offences in the country was not successful. Between 80 and 90 percent of people charged walked away free. The Department of Transport then discussed with Justice and agreed on administrative adjudication of road traffic offences by means of a Road Traffic Infringement Agency. One of the flaws of the old system is that there is no standardisation of fines. All fines are now to be standardised countrywide. A point demerit system would also happen administratively. The system has been seen to work very well in countries where it is applied with a success rate of 95%.

The amendment to the Road Traffic Management Corporation Act allows the requirements for the appointment of the Chief Executive Officer and the managers to be determined by the Shareholders Committee (the Minister, the nine MECs and two representatives from SALGA). The period within which the CEO must be appointed has been extended.

The amendment to the Administrative Adjudication of Road Traffic Offences Act allows the Minister to determine the qualifications and experience of the registrar, deputy registrar and representative officials of the Road Traffic Infringement Agency. The NCOP in passing the amendment bill had further amended this so that the Minister publishes these determinations in the Government Gazette.

Discussion
Mr A Ainslie (ANC) asked if there are any obstacles to the implementation of the two Acts or are the obstacles only those issues dealt with in the amendment Bills. Why has it taken so long to identify obstacles and take them before Parliament for amendment?

Mr Van Tonder replied that at first it was thought that money could be borrowed to fund the Road Traffic Agency until it could be self-funding. The Department had decided it would not support the Bill if the clause that provided for such borrowing was not taken out since it was never the responsibility of the Department to adjudicate traffic offences. An arrangement was reached whereby the Department of Transport would contribute R15 million, and the provinces of KwaZulu Natal, Gauteng and Western Cape providing R3 million each with the rest of the provinces contributing R1million to fund the agency.

Implementation target is April 2001 because of the huge preparations that need to take place. The Road Agency would be computer driven. This needs to be developed to manage the system. The system is totally new to South Africa and although other countries with a similar system have been looked at, there are good reasons not to use their system.

A member asked what criteria was used to determine provincial contributions.

Mr Van Tonder replied that the decision was taken by the Ministerial Committee and he can only speculate on the reasons.

Mr Ainslie wanted to know how the Road Traffic Management Corporation is to be funded.

Mr Van Tonder replied that the funding required for the Corporation is far less than that of RTO/ Road Traffic Agency, between R3.5 and R3.8 Million from the Department of Transport budget. The Department has effected savings last year in its expenditure. It has submitted a request to Treasury to be allowed to roll over its savings. Departments are not allowed to roll over more that 5% of their budget but the Department would like an exception to be made in this instance and, should that be allowed, about R15 Million would be available.

The Chairperson mentioned that members are concerned about the slowness of the implementation of the two Acts. He also pointed to a lingering concern that the Bills are not properly budgeted for.

Mr Van Tonder said work is underway on the Corporation's business plan. He emphasised the Department and Ministerial Committee's commitment to get the Acts off the ground.

Voting: Administrative Adjudication of Road Traffic Offences Amendment Bill
The Chairperson put the motion of desirability before the Committee and it was agreed to.

All the clauses were agreed to. The UDM's Mr T Abrahams noted that while he does not have a problem with the principle of the Bill, it is concerned with the tardiness of the process.

The Report of the Committee was consented to upon which the Chairperson signed it.

Voting on Road Traffic Management Corporation Amendment Bill
The Chairperson put the motion of desirability before the Committee and it was agreed to.

All the clauses were agreed to with the UDM indicating that it would like to put on record the same objection as with the previous Bill.

The Report of the Committee was consented to and the Chairperson proceeded to sign it.

The Chairperson pointed out that the Bills would go before the House on Wednesday, 21 June 2000.

The meeting was adjourned.