The Administrative Adjudication or Road Traffic Offences (“AARTO”) Amendment Act, No. 4 of 2019 was assented to signed into law on 13 August 2019. Its commencement is yet to be proclaimed by the President. This means that its provisions are not yet applicable.
Prior to the commencement of AARTO Amendment Act and its associated national implementation, comprehensive regulations must be drafted and published for public comment. This is because the regulations make up the “nuts and bolts” of the mechanics of legislation. The AARTO Act and its associated points-demerit system is no exception to this rule.
As at 9 September 2019, no draft regulations have yet been published.
During the “public consultation” phase concerning the AARTO Amendment Bill as it was known at that time, JPSA raised the issue that it was impossible for anyone to provide valid inputs in respect of the Bill, in the absence of its regulations. Essentially, what happened during the “public consultation” phase can be likened to giving a person one piece of a 1,000 piece jigsaw puzzle and asking him or her to discuss the overall picture that would be revealed by the completed jigsaw puzzle, in minute detail.
When the draft regulations are published for public comment, time permitting, they will be reviewed by the JPSA team, and it will consider making the relevant submissions in respect of them. Typically, 30 days is provided for interested parties to make submissions. This means that a considerable amount of time will have to be dedicated to this project in order for the deadline to be met.
The currently applicable regulations comprise 256 A4 pages. This includes the four schedules associated with the current regulations.