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Government Gazette

REPUBLIC OF SOUTH AFRICA

Vol. 452 Cape Town 20 February 2003 No. 24577

THE PRESIDENCY

No. 259 20 February 2003

It is hereby notified that the President hasassented to the following Act, which ishereby published for generalinformation:

No. 72 of 2002: AdministrativeAdjudication of Road Traffic OffencesAmendment Act, 2002.

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7 No . 23577 GOVERNM EhT GAZETTE, 20 FEBRUARY 2003Act No. 72,2002 ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFICOFFENCES AMENDMENT ACT, 2002GENERAL EXPLANATORYOTE: 1[ ] Words in bold type in square brackets indicatemissionsromexisting enactments.

Words underlined with a solid line indicatensertions inexisting enactments.

(Englislz text signed by the President.)(Assented to 12 Februan, 2003.)

ACTTo amend the Adm inistrative Adjudicationf Road TrafficOffences Act, 1998,o asto regulate the composition of the board; to further regulate the appointment ofsheriffs; to prescribe an extended period for payment of infringement fines andmattersrelated thereto; and to effect extualcorrections;and to provide formatters connected therewith.

B IT ENACTED by the Parliament of the Republic of SouthAfrica, sfollows:-Amendment of section 1 of Act 46 of 1998

1. Section 1 of the Administrative Adjudication of Road Traffic Of fen ces Act, 1998(hereinafter referred to as the principal Act). is amended by- 5( a ) the insertion of the following paragraph after paragraph ( d )of the definitionof"acceptable identification":" (dA) a driving licence card issued in terms of the Nationa l RoadTraffic Act,(hi the insertion after the definition of "prescribed" of the following definition: 10'. 'representations officer' means a person contracted by the agency in terms

of section 5 or appointed by the Registrar in terms of section 10 to considerrepresentations submittedby any person who. after having committed a minorinfringement. elects to make a representation.".

1996 (Act No. 93 of 1996):"; and

Amendmentf section 2 of Act6 of 1998 152. Section 2 of the principal Act is amended by-( a ) the substitution for paragraph (a)of the following paragraph:" ( a ) to encouragecomp liance with the national and provincial lawsmunicipal by-laws relating to road traffic and to promote road trafficsafety;"; and 20

(b) the substitution for paragraph cf ) of the following paragraph:' ' (B to reward law-abiding behaviour by reducing demerit points [imposed]where they have been incurred if infringements or offencesare notcommitted over specified periods.".

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4 No . 1,4511 GOVERNMENT GAZETTE, 20 FEBRUARY 2003Act No. 72,2002 ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFICOFFENCES AMENDM ENT ACT. 2002Amendment of section 5 of Act 46 of 1998 1,

3. Section 5 of the principal Act is amended by the substitution for subsection ( 2 ) of ( 2 )The prescribed procedures must be followed in respect of any procurementthe following subsection:-r contract contemplated n subsection ( l ) . .

Amendment of section 6 of Act 46 of 19984. Section 6 of the principal Act is amended by-

(a ) the substitutio n for subsection ( 1 ) of the following subsection: ( I A Road Traffic Infringement Agency Board. to represent and controlthe agency. is hereby established. comprising-

f a ) [three] five persons[, who are not employed by the State,] appointedby the Minister, [onaccount] who by virtue of their [commercial]relevantexperien ce and technical expertiseare uitably qualified toperform the functions of the Agency und er this Act;(b) a Director of Public Prosecutions, nominated bytheNational Director ofPublicProsecutions, in consultation with the [Directors of PublicProsecutions] Minister; andCC ) the registrar of he agency .:( 0 ) the substitution for subsection (2 ) of the following subsection: * ( I )The Minister must, prior to appointing the memb ers contem-plated in subsection l)(u ), publish the nam esof the persons proposed obe app ointed as such mem bers in theGazette and invite comment on thesuitabilityof such members for appointment]rior to the appointment of aperson to the board, the Minister must-( a ) by notice in the Gazette, publish his or her intention to appoint thatperson and invite public comm ent or ob-jections within the periodspecified in the notice;lbj forward a copy of the notice to the relevant Parliamentary Committees;andI C / take into account any comment or objection received by him o r her inaccordance with such notice..

Amendment of section 9 of Act 46 of 19985. Section 9 of the principal Act is amended by the substitution for subsection (1) of

* ( I )The board may appoint not more than [twenty five] 2 persons as deputyregistrars..the following subsection:

Substitution of section 12 of Act 46 of 19986. Section 12 of the principal Act is substituted by the following section:* 1 2 he Minister, after consultation with the registrar, may recommend tothe M inister of Justic e that such sheriffs or deputy heriffs, as may benecessary to ensure the proper performance of the agencys functions, be

appointed in terms of the Sheriffs Act, 1986 (Act No. 90 of 1986). .Amendment of section 13 of Act 46 of 1998

7. Section 13 of the principal Act is amended by the substitution in subsection (1 ) for ( d ) donations received, which must be declared in the annual report contemplatedparagraph ( d )of the following paragraph:

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6 No. 24517 GOVERNMENT GAZETTE, 20 FEBRUARY 2003Act No. 72,2002 ADMINISTRATIVEADJUDICATION OF ROAD TRAFFICOFFENCES AMENDMENT ACT. 2002Amendment of section 17 ofAct46 of 1998 t,

8. Section 17 of the urincipa l Act is amen ded bv-the substitution n sibsection (1 ) for paragraph d )of the following paragraph: ( d ) specify the pre scribed discou nt which m ay be ob tained if the penalty ispaidnot later than [28] 32 days after thedate of service of theinfringement notice;;the substitution in paragraph cf , of subsection (1) for the words precedingsubparagraph (i) of the following words:

lf) nform the infringer that, not later than [28] 32 day s after the date ofservice of the infringement notice, the infringer may-;the substitution for subsection 2 ) of the following subsection:( 2) If an infringer fails to comply w ith an infringement notice w ithin theperiodcontemplated in subsection (l)(&, the ssuingauthoritymustgivenotice of the failure, n the prescribed manner, o the agency for further actionin terms of section 19.;the substitution in subsection (3 ) for the words preceding paragrapha) of thefbllowing words:(3) If an infringer complies with an infringement notice by arranging topay the penalty in instalments or by paying the penalty, as reduced by the

discount contemp lated in subsection (I)(d), the [issuing authority] agencymust-;the substitution n subsection (3) for paragraph (c) of the following paragraph: ( c ) notify the infringer by registered mail in the prescribed manner that thedemerit points have been recorded againstis or her ame in the nationalcontraventions register in respect of the infringement n question; and .

Amendment of section 18 ofAct 46 of 19989. Section 18 of the princ ipal Act is amended by-

(a) the substitution in subsection (7) for paragraphs (b)an d (c) of the followingparagraphs:(b) if the infringer does not elect to be tried in court-(i )ha theenalty,herescribedepresentationseendheprescribed fe e of the courtesy etter, if any,arepayable tohe agencyor that the arrangements are madewith the agency n the prescribedmanner to pay in instalments, not later than [ZS] 32 days after thedate of service of the notification: and(ii) that a failure to pay the penalty and feesor to make arrangements topay in instalments will result in an enforcement order being servedon the infringer a nd hat the infringer will beco me liable topay thepenalty and fees and the prescribed fee of the enforcement order;and(c) if the infringer elects to be tried in court, which may only be done on theadvice of the representations officer, that the provis ions of section 22apply.; and(b) the substitution in subsection (8) for the words prec eding pa ragraph (a ) of the

following words:( 8) If an infringer pays the penalty andee as contemplated n subsection(7)(b)(i), or makes arrangements o pay in instalments, the agency must-.Amendment of section 19of Act 46 of 1998

10. Section 19of the principal Act s amend ed by the sub stitution in paragraph ( b )of*(b) give otice that the infringer m ust, notater than [28] 32 days after the datefsubsection ( 2 ) or the words preceding subparagraph (i) of the following words:service of the courtesy etter-.

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8 No . 24511 GOVERNMENT GAZETIE, 20 FEBRUARY 2003Act No. 72,2002 ADMINISTRATIVEADJUDICATION OF ROAD TRAFFICOFFENCES AMENDMENT ACT, 2002Insertion of sections 19A and 19B into Act 46 of 1998,