The Administrative Adjudication of Road Traffic Offences (Aarto) Act has introduced a new “infringement penalty levy” of R100 which is payable on every infringement committed.
While this levy is not new – it was contained in the Aarto Act signed into law in August 2019 – it was once again highlighted in the recently published information related to the Aarto regulations.
This document, which Transport minister Fikile Mbalula gazetted this month, states:
The penalty levy contemplated in regulation 36 is payable on every infringement committed and followed up by all the processes prescribed in the Act. This levy shall not be subjected to a discount referred to in column 4 below.
The Automobile Association (AA) described the new R100 Infringement Penalty Levy as a “stealth tax”.
“With regards to the Infringement Penalty Levy, the regulations directly imply the imposition of a tax. In this case, it refers to a fee payable for every infringement notice issued to motorists,” the AA said.
It added that it means that an additional R100 is added to each fine issued, regardless of the value of the fine or its associated demerit points.
“In other words, if a motorist receives a R200 or R2,000 fine, an additional R100 must be added for the Infringement Penalty Levy, which amounts to a tax for actually receiving the fine,” it said.
The AA highlighted that on 20 million infringement notices which are issued annually, this would amount to a R2-billion windfall for the Road Traffic Infringement Agency (RTIA).
What is of further concern, the AA’s Layton Beard told Rapport, is that a motorist which successfully disputes the fine will not get this R100 levy back.
This means that even motorists who have been fined wrongfully will have to pay the new R100 infringement penalty levy.
Penalties and discounts
The image below shows the new monetary value of penalty units, penalty amounts, discounts, fees, payments and penalties.