The Administrative Adjudication of Road Traffic Offences Act legislation, which involves the demerit system, should be implemented by September, but fleet companies are concerned about how they will be affected.
The Administrative Adjudication of Road Traffic Offences Act legislation, which involves the demerit system, should be implemented by September, but fleet companies are concerned about how they will be affected.
According to , the department met in February and transport consultant Alta Swanepoel said “September 2003 is looking good” for the implementation of the Act.
Implementation of the Act will result in motorists collecting demerits for traffic offences and once a certain number is reached, a licence will be suspended for a certain period of time. However, the newspaper said, once the demerits reach a level, the owner will not be able to re-license or sell the vehicle.
A Southern African Vehicle Rental and Leasing Association (Savrala) spokesperson is concerned about how the Act will affect fleet management and rental companies and fears they may be prejudiced.
“Under Natis, the owner is defined as the end-user of the vehicle and is typically the driver or operator of the vehicle and responsible for its licensing,” sad Savrala president John Broadway. “In the case of fleet management companies, however, this could be the corporate customer, and in rental companies, virtually anyone.”
Fleet management companies have the rights of both title-holders and owners, in order to register and license vehicles on behalf of their customers.
According to the Act, the fleet management companies will then be liable for all the demerit fines incurred by those driving their vehicles. Broadway told the newspaper fleet companies may have to get the customers to license their own vehicles.
“The problem is that fleet management companies are the licensed owners of their vehicles and the legislation has not allowed for this. With more than six million vehicles on South African roads, these fleets represent a very small percentage and the government is unlikely to review the legislation to accommodate them at this late stage,” said Swanepoel.
