Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)RegulationsAdministrative Adjudication of Road Traffic Offences Regulations, 2025Chapter 8 : Service of documents31. Personal service |
| (1) | Personal service is achieved when any document contemplated in these Regulations is served on an infringer who committed an infringement, at the— |
| (a) | roadside in respect of the issuing of AARTO 01 and AARTO 02 forms; |
| (b) | residential or business address as provided by the infringer and as indicated on form AARTO 01, AARTO 02 or AARTO 10A, where applicable, which he or she has confirmed as correct; |
| (c) | residential or business address of the infringer as indicated in the register of driving licences or the register of motor vehicles; or |
| (d) | residential or business address obtainable from any public body required to keep such information in terms of any law of the Republic, subject to the Protection of Personal Information Act, 2013 (Act No. 4 of 2013). |
| (2) | The authorised officer who serves a document must explain to the infringer the contents of the document and must— |
| (a) | certify on the copy of the infringement notice, courtesy letter or enforcement order, as the case may be, that the document was served personally, stating the date, time and place of service, and that its contents and the options set out in section 17(1)(f) of the Act, in the case of an infringement notice; the options set out in section 19 of the Act, in the case of a courtesy letter; and section 20 of the Act in the case of an enforcement order, were explained at the time of service; and |
| (b) | sign the document and request the infringer to also sign the document where it is provided or in a relevant space for signature: Provided that where the infringer refuses to sign the document, the person serving such document must indicate such refusal on the document, and the fact that the infringer refused to sign the document shall not affect the validity of such service. |
| (3) | A document referred to in subregulation (2), is prima facie proof that the relevant infringement notice or AARTO Notice was duly served. |
| (4) | If the infringer cannot be found, the document may be served by delivering it at the infringer's place of residence to a person over the age of 16 years or to the place of employment or business of the infringer. |
| (5) | If a document is to be served on— |
| (a) | an organisation, company or other corporate body, the document must be delivered to any employee at its registered office or principal place of business; |
| (b) | a partnership, firm, voluntary association, trust or any other business, the document must be delivered at the registered place of business of such partnership, fir , voluntary association, trust or any other business, to a person employed by or representing the said institution, as the case may be; or |
| (c) | a state institution, the document must be delivered to an employee of the said institution at any of its offices. |
| (6) | In case of personal service, the status of such delivery must be updated on the National Road Traffic Offences Register in accordance with regulation 30. |