Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)Chapter II : Road Traffic Infringement Agency4. Objects and functions of agency |
| (1) | The objects of the agency are, despite the Criminal Procedure Act, 1977 (Act No. 51 of 1977)— |
| (a) | to administer a procedure to discourage the contravention of road traffic laws and to support the adjudication of infringements as set out in subsection (2); |
| (b) | to enforce penalties imposed against persons contravening road traffic laws as set out in subsection (3); |
| (c) | to provide specialised prosecution support services as set out in subsection (4); and |
| (d) | to undertake community education and community awareness programmes in order to ensure that individuals understand their rights and options as set out in subsection (5). |
| (2) | The agency performs its functions in terms of subsection (1)(a) by— |
| (a) | receiving notices from any issuing authority if an infringer has failed to comply with an infringement notice issued in terms of section 17; |
| (b) | considering representations from an infringer in terms of section 18 with regard to an infringement notice relating to a minor infringement; |
| (c) | issuing a courtesy letter in terms of section 19 to an infringer who has failed to comply with an infringement notice; |
| (d) | issuing an enforcement order in terms of section 20 against 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 who has failed to appear in court under the circumstances contemplated in section 22(3); |
| (e) | issuing a warrant in terms of section 21 against an infringer who has failed to comply with an enforcement order; |
| (f) | revoking an enforcement order in terms of section 20(9); and |
| (g) | updating the national contraventions register in the prescribed manner. |
| (3) | The agency performs its functions in terms of subsection (1)(b) 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 |
| (4) | The agency performs its functions in terms of subsection (1)(c) 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. |
| (5) | The agency performs its functions in terms of subsection (1)(d) 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. |
| (6) | 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. |