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

Regulations

Administrative Adjudication of Road Traffic Offences Regulations, 2025

Chapter 2 : Adjudication procedure

2. Infringement notice

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(1)An infringement notice must be issued on the appropriate form AARTO 01, AARTO 02, AARTO 03, AARTO 03a or AARTO 03b.

 

(2)An infringement notice must be served on the infringer as contemplated in section 17(1) of the Act—
(a)in the case of form AARTO 03 and AARTO 03a, within 60 days of the date of commission of the infringement: or
(b)in the case of form AARTO 01 an AARTO 02, immediately upon commission of an infringement.

 

(3)In the case of an unattended motor vehicle—
(a)an authorised officer must issue and place form AARTO 31, that notifies an infringer that form AARTO 03b will be served on the infringer, on the motor vehicle; and
(b)form AARTO 03b must be served within 60 days of the commission of the infringement.

 

(4)Subject to section 23 of the Act, where a person has allegedly committed an offence, form AARTO 32 must be completed by the authorised officer upon the arrest of the offender must be submitted to the issuing authority in order to record the particulars of the offence on the National Road Traffic Offences Register as contemplated in regulation 30.

 

(5)In the case of an offence captured on camera, the issuing authority under whose jurisdictional area the offence was committed must serve form AARTO 33 on the person alleged to have committed the offence within 60 days of the commission of the offence.

 

(6)Where an operator is alleged, in terms of section 49 of the National Road Traffic Act, as shown in column 9 of Schedule 3, to have committed an—
(a)infringement, such operator must be issued and served with an infringement notice on form AARTO 03a; and
(b)an offence, such operator must be served with a notice of summons to be issued on form AARTO 33a,

within 60 days from the date of commission of such an infringement or the offence, as the case may be.

 

(7)Where a juristic  person, who  is not an operator , is alleged, as shown in column 9 of Schedule 3, to have committed a—
(a)infringement, such juristic person must be issued and served with an infringement notice on form AARTO 03; and
(b)an offence, such juristic person must be served with a notice of summons to be issued on form AARTO 33,

within 60 days of the date of commission of such an infringement or the offence, as the case may be.

 

(8)An Infringement notice contemplated in this regulation must be served in accordance with regulation 35(4) of these Regulations.

 

(9) In addition to the information contemplated in section 17(1) of the Act and subject to regulation 3, an infringement notice must contain the following information
(a)The details of the infringer, including his or her—
(i)identification type;
(ii)identification  number;
(iii)country of issue of the identification document; and
(iv)driving licence code and, if applicable, the category of professional driving permit held by the infringer, or the learner's licence code or temporary driving licence code, if applicable;
(b)contact details of the infringer, including his or her—
(i)home telephone number, if any;
(ii)mobile cellular number, if any; and
(iii)e-mail address, if any;
(c)the details of the motor vehicle with which the infringer  has committed the infringement, including the—
(i)motor vehicle licence number;
(ii)motor  vehicle  licence  disc  number  (not  applicable  in  the  case  of  camera captured infringements and offences) ;
(iii)operator card number and any other permit or licence number as contemplated in the Act, if applicable;
(iv)motor vehicle description;
(v)make of motor vehicle; and
(vi)motor vehicle licence number, of drawn vehicle, if applicable ;
(d)the location, date and time where and when the infringement was committed, including the—
(i)name of the province;
(ii)name of the municipality, city or town where applicable;
(iii)name of the suburb, where applicable; and
(iv)name of the street or public road or route number where the infringement was committed;
(e)the particulars of the Infringement and the alternative infringement, if applicable, including the—
(i)charge code and short charge wording as shown in columns 1 and 3 of Schedule 3; and
(ii)penalty  amount,  discount  amount  and,  if  applicable,  demerit  points  for  the infringement as shown in columns 7, 8 and 6 of Schedule 3 respectively; and
(f)with regard to the officer who issues the notice, his or her—
(i)surname and initials;
(ii)infrastructure number; and
(iii)the name and code of the issuing authority where he or she is employed.