Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)RegulationsAdministrative Adjudication of Road Traffic Offences Regulations, 2025Chapter 2 : Adjudication procedure3. Additional requirements for infringement notices issued on forms AARTO 03 and 03a where the infringer is unknown, and the presumption of owner in section 73 of the National Road Traffic Act is used to identify the alleged infringer |
| (1) | An infringement that is captured by means of camera equipment and served on the owner of a motor vehicle, by application of the presumption referred to in section 73 of the National Road Traffic Act, on an infringement notice issued on form AARTO 03 or 03a, must contain the information contemplated in subregulation (2). |
(2)
| (a) | An infringement notice for a speeding infringement must contain a photograph or image of the motor vehicle concerned together with the— |
| (i) | date of infringement; |
| (ii) | time of infringement; |
| (iii) | speed measured; and |
| (iv) | location description. |
| (b) | The motor vehicle must be clearly identifiable by make, model and licence number as the transgressing vehicle. |
| (c) | Two or more vehicles may not appear in the measurement area between the sensor lines if the sensor lines are general or not lane specific, and if lane specific, the lane of violation shall be indicated. |
(3)
| (a) | An infringement notice for a traffic signal infringement must contain a photograph or image wherein the following information is clearly visible: |
| (i) | Date of infringement; |
| (ii) | time of infringement; |
| (iii) | yellow interval time of the traffic light preceding the red-light time; |
| (iv) | elapsed red-light time at time of the photograph or image; |
| (v) | view of the whole width of the traffic lane and intersection and at least one functioning traffic light must be visible in the photograph or image indicating the interval of the intersection; |
| (vi) | vehicle clearly identifiable by make, model and licence number as the transgressing vehicle; and |
| (vii) | the location description. |
| (b) | In the case of a traffic signal infringement contemplated in paragraph (a), the issuing authority must have at least two photographs or images available, at the request of the infringer, indicating the position of the vehicle of the infringer and— |
| (i) | the first image must show the vehicle approaching or entering the intersection after a delay time has lapsed at the start of the red interval of the intersection; and |
| (ii) | the second image taken a fixed time or distance from the first image indicating the vehicle moving through the intersection during the red interval. |
| (4) | A photograph or image contemplated in subregulations (2) and (3) must be adjudicated by an authorised officer of the relevant issuing authority before such photograph or image may be transferred to the National Road Traffic Offences Register for a notice to be served on the owner contemplated in subregulation (1), in order to ensure that— |
| (a) | all the requirements of this regulation are complied with; and |
| (b) | the information on the photograph or image, relating to the vehicle model, make and licence number, correlates to such information on the National Road Traffic Information System. |
| (5) | An owner who is issued with an infringement notice, a form AARTO 33, a courtesy letter or an enforcement order that does not contain evidence of a motor vehicle licensed to him or her on the National Traffic Information System, must complete a notification on form AARTO 08a and submit such notification to the Authority in accordance with regulation 35. |
| (6) | The Authority must process the notification contemplated in subregulation (5) and if the Authority determines that the notification on form AARTO 08A is correct and that the infringement notice, form AARTO 33, courtesy letter or enforcement order, as the case may be, was not adjudicated as contemplated in subregulation (4), and the motor vehicle is not owned by the alleged infringer or offender, such infringement notice, form AARTO 33 or subsequently issued courtesy letter or enforcement order, as the case may be, must be marked as suspect or unverified in terms of regulation 36. |