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Establishment of agencyThe Road Trafffic Infringement Agency has been established as a juristic person responsible to the Minister. The agency may do anything that is necessary to perform its functions in terms of any law, or assigned to it by the Minister. The Minister may, on request of an issuing authority, assign any function vested in such issuing authority in terms of this Act, to the agency. The agency must establish one national office, and may establish suboffices at provincial or municipal level.
Objects and functions of agency
The objects of the agency are, despite the Criminal Procedure Act, 1977 (Act No. 51 of 1977)—
- to administer a procedure to discourage the contravention of road traffic laws and to support the adjudication of infringements;
- to enforce penalties imposed against persons contravening road traffic laws;
- to provide specialised prosecution support services; and
- to undertake community education and community awareness programmes in order to ensure that individuals understand their rights and options.
The agency performs its functions in terms of subsection (1)(a) of the AARTO Act by—
- receiving notices from any issuing authority if an infringer has failed to comply with an infringement notice;
- considering representations from an infringer with regard to an infringement notice relating to a minor infringement;
- issuing a courtesy letter to an infringer who has failed to comply with an infringement notice;
- issuing an enforcement order against an infringer who has failed to comply with the requirements of a notification or a courtesy letter, or who has failed to appear in court;
- issuing a warrant against an infringer who has failed to comply with an enforcement order;
- revoking an enforcement order; and
- updating the national contraventions register in the prescribed manner.
The agency performs its functions in terms of subsection (1)(b) of the AARTO Act by—
- (a) serving a courtesy letter in terms of section 19 on an infringer who has failed to comply with an infringement notice;
- (b) serving an enforcement order in terms of section 20 on an infringer who has failed to comply with the requirements of a notification contemplated in section 18(7) or a courtesy letter contemplated in section 19(2)(b), or failed to appear in court under the circumstances contemplated in section 22(3); and
- (c) executing a warrant in terms of section 21 against an infringer who has failed to comply with an enforcement order.
The agency performs its functions in terms of subsection (1)(c) of the AARTO Act by—
- (a) assisting the prosecuting authorities to get persons who committed offences before the courts through serving of documents and keeping of records on its database;
- (b) providing traffic law enforcement equipment and support services to issuing authorities;
- (c) providing, at the request of the Office of a Director of Public Prosecutions, a person to testify as an expert witness in a trial on a charge relating to an offence; and
- (d) providing training, where possible, to authorised officers or staff of the prosecuting authority.
The agency performs its functions in terms of subsection (1)(d) of the AARTO Act by—
- (a) disseminating information regarding the role and functions of the agency, and the rights enjoyed by individuals, in terms of this Act;
- (b) applying efficient and equitable procedures to encourage compliance with this Act and fostering law abiding behaviour by road users; and
- (c) supporting road safety awareness programmes.
The agency must, in order to properly perform its functions, establish the prescribed information management system and database which is connected with the national contraventions register, and utilise such database to create, process and maintain records with regard to any action performed by it in terms of this Act.
The agency may, subject to the business plan approved by the board, appoint agents, or contract with any person, to perform any function vested in it in terms of this Act or any other law and the prescribed procedures must be followed.