Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)

Chapter II : Road Traffic Infringement Authority

4. Objects and functions of Authority

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(1)The objects of the Authority are, despite the Criminal Procedure Act, 1977 (Act No. 51 of 1977)—
(a)to administer a procedure to discourage the contravention of road traffic legislation or transport legislation 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 administer and manage a point demerit system for infringements and offences; 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).

[Section 4(1)(a)(c) substituted by sections 2(a)(b) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]

 

(2)The Authority 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 or the non-compliance with the prescribed processes by an issuing authority relating to an infringement;

[Section 4(2)(b) substituted by section 2(c) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]

(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)[Section 4(2)(e) deleted by section 2(d) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
(f)revoking an enforcement order in terms of section 20(9);
(g)updating the National Road Traffic Offences in the prescribed manner; and
(h)administering prescribed rehabilitation programmes for habitual infringers.

[Section 4(2)(h) inserted by section 2(g) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation 1 September 2026, per (c) of Proclamation 272 of GG53099, dated 1 August 2025]

 

(3)The Authority 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; and
(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).
(c)[Section 4(3)(c) deleted by section 2(j) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]

 

(4)The Authority performs its functions in terms of subsection (1)(c) by—
(a)[Section 4(4)(a) deleted by section 2(k) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
(b)providing traffic law enforcement equipment and support services to issuing authorities;
(c)[Section 4(4)(c) deleted by section 2(k) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
(d)providing training, where possible, to authorised officers or staff of the prosecuting authority.

 

(5)The Authority performs its functions in terms of subsection (1)(d) by—
(a)disseminating information regarding the role and functions of the Authority, 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 Authority must, in order to properly perform its functions, establish the prescribed information management system and database, which is connected with the National Road Traffic Offences, and utilise such database to create, process and maintain records with regard to any action performed by it in terms of this Act.