Friday, August 21, 2009

Max Auto Updates - 21/08/2009

Aarto blamed for 'chaos'

http://www.maxauto.co.za/CntView.aspx?CatID=26&CntID=824

Traffic authorities in Pretoria have no idea how many traffic fines are issued.

Furthermore, some fines are issued with incorrect dates, and then withdrawn. Photos which are clearly taken in daylight, state the time of the transgression as 02:00 in the morning.

These are just a few of the incongruities which Gauteng motorists have had to deal with since the commencement of the new Act on the Administrative Adjudication of Road Traffic Offences (Aarto) in Pretoria and Johannesburg.

'Chaos'

"It's chaos and people seldom or never get answers to their questions," said René Venter, manager of Avax SA 466, which pays traffic fines on behalf of companies, on Thursday.

Avax SA 466 pays more than 15 000 fines per month on behalf of clients.

This week Venter sent 96 clients' identity numbers to traffic authorities in Pretoria, in order to find out how many traffic fines there were against their names.

"The answer was 88 fines, but I received 488 Aarto fines from the Tshwane metro council. They simply don't know how many fines they've issued," she said.

A large furniture business, for whom Venter pays fines, can't renew any of its trucks' vehicle licenses, since two orders were issued by the Tshwane metro council, for fines which - according to them - haven't been paid.

According to Venter, the fines of R125 and R250 were paid on May 28.

Lack of staff

Venter feels the main problem is the lack of staff to handle payments of Aarto fines in the two metro councils.

"There is only one person in Pretoria who processes and records payments of Aarto fines on behalf of the metro council," said Venter.

This person works for the Road Traffic Management Corporation (RTMC) in the Tshwane metro council's traffic department.

Venter says fines are issued 60 and 90 days after the transgression, while Aarto fines must be issued within 40 days.

"The fines are illegal," she said.

On Thursday the RTMC did not want to answer questions regarding Aarto.

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R100 million in fines may be canned

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More than R100 million worth of fines and summonses which have been issued under the Administrative Adjudication of Road Traffic Offences Act (Aarto), may be cancelled as they were issued illegally.

The National Metropolitan Police Chiefs Forum recommended this week that the minister of transport does not implement Aarto countrywide, before various serious problems which are currently being experienced, are solved.

These problems could lead to all fines and summonses which have already been issued in accordance with Aarto being cancelled, since the issuing thereof is a transgression of the Administrative Adjudication of Road Traffic Offences Act.

'Catastrophic consequences'

According to a report sent by the forum to Transport Minister Sibusiso Ndebele and the Road Traffic Management Corporation countrywide implementation of Aarto will have "catastrophic" consequences.

This report lists shocking problems with Aarto, including e-NaTIS's inefficient handling of payments, the unlawful collecting of fine payments, and the wrongful distribution of summonses and fines, which leads to losses of millions of rands.

These problem have already been discussed in technical meetings for over a year, "but still remain unsolved".

Aarto was launched as a pilot project in the Tshwane metro council area in September last year, and in the Johannesburg metro council in February this year.

The aim was to handle the administration of traffic transgressions, to ensure that motorists obey the road traffic rules, and ensure that fines are paid.

Inefficient

According to the report, an inefficient Aarto has, since its implementation, resulted in only 14% of all fines being paid, while the issuing of fines has dropped by between 30% and 50%.

"It is possible that this problem is caused by the restrictions placed on speed law enforcement zones. Due to a judicial oversight, speed law enforcement can only be done in 60, 100 and 120km/h zones. Law enforcement in 70, 80, 90, and 110km/h zones can't be done legally."

No misdemeanours under Aarto can be prosecuted legally. It's also impossible to issue summonses to transgressors who choose to go to court.

"According to Aarto, drunk drivers can't be legally arrested, unless they made a traffic transgression at the same time."

The NCMPF also says e-NaTIS can't handle all payments. Therefore data must be inserted manually under Aarto, which means thousands of such insertions are in arrears and incorrectly issued.

The "corrupt" addressing system of e-NaTIS means that 60% of all notices of transgressions are returned, which leads to R5m in losses per month in postal expenses.

"The...post office can't handle the volume of mail...and does not comply with the requirements of Aarto."

Confusion

According to the report, the collection of fine payments is "impossible" for local municipalities, since the parties involved transgress various laws which organise municipal financial management.

There is also confusion in the metro police, the police, the courts and the public over Aarto.

"Not one of the metro police services (countrywide) can handle the complicated Aarto project volumes and confusing legislation. National implementation should only happen after next year."

Logan Maistry, Ndebele's spokesperson, said the minister is "looking at all the Aarto issues".

"Ndebele will have a look at the report on Friday when he returns from Angola.

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Opel's fate in the balance

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The fate of Opel hangs in the balance as General Motors is poised to pick a buyer for the European carmaker after months of negotiations.

GM's board of directors could recommend either Canadian carmaker Magna's bid for Opel or that of Brussels-based financial investor RHJ International.

Sources close to the matter have told Reuters the board will address the topic later on Friday.

The US carmaker, which emerged from bankruptcy protection on July 10, this week agreed to sell its Saab car business to a tiny Swedish luxury carmaker, the first in a series of big sales the US group is planning as it slims down.

Political row

Talks to sell Opel have lasted for months and have become a political hot potato ahead of German elections in September because a deal will entail billions of euros in aid from European governments as well as thousands of job cuts.

German Chancellor Angela Merkel and the German states that host Opel plants have come out clearly in favor of the Magna offer because they think the Canadian automotive group's expertise can save more of the 25 000 Opel jobs in Germany.

Magna's co-CEO Siegfried Wolf said last week that the Canadian company and its Russian partner Sberbank had reached an agreement in principle with GM over a contract to buy 55 percent of Opel, raising hopes of a deal.

But GM's top negotiator for the Opel deal, John Smith, has repeatedly cited the positive aspects of RHJ's offer, which he says would be easier to implement than Magna's plan.

The field of bidders narrowed to two when Italian carmaker Fiat and China's Beijing Automotive (BAIC) dropped out.

Merkel reiterated in an interview with a German newspaper her preference for Magna's offer and said she was "very skeptical" about the prospects for RHJ.

Aid

In a last-ditch effort to push for Magna's bid, Germany has also offered to provide 4.5 billion euros ($6.4 billion) in state aid for Opel, without waiting for other European countries to chip in, if GM chooses Magna.

Opel trustees who oversee a majority stake in Opel have to approve any decision. Billions of euros in aid from European countries with Opel plants are riding on the decision.

German Economy Minister Theodor zu Guttenberg said it was too early to say Opel was saved even the sale process wraps up quickly.

"In my view you will be able to celebrate the rescue of Opel only when it is clear that Opel has established itself as a competitive company on global markets," he told the Financial Times Deutschland newspaper, adding this would certainly not be the case in the next few weeks or months.

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