​By Staff Writer
The National Department of Transport has welcomed the judgement handed down by the Constitutional Court on the constitutionality challenge against the Administrative Adjudication of Road Traffic Offences (AARTO) Act mounted by OUTA. The Department says the decision affirms its long-held view that this a necessary law to advance efforts in arresting the carnage on the country's roads.
This judgement provides clarity on Schedule 4 matters of concurrent function between the national and provincial sphere as well as Schedule 5 which is an exclusive provincial competence. The Department's assertion that AARTO is part of Road Regulation and thus concurrent competence has been confirmed by the highest court in the land.
AARO Act is an important cog in the country's road traffic law enforcement interventions aimed at arresting the road carnage and alter driver behaviour. The Department sees this as reinforcement of other interventions such as classifying traffic policing as a 24-hour, 7-day job. This alongside the regulation of driving schools and introduction of an NQF level 6 training for traffic law enforcement officers.
Its implementation across the country has been pending for 25 years, with pilots in place in the Cities of Johannesburg and Tshwane. The recent judgement has cleared the path for its implementation. The Department has promised to move with speed to roll out its implementation across the country without delay.
In the coming weeks, the Department will ensure the Road Traffic Infringement Agency (RTIA) mobilises the necessary capacity and proceeds with its rollout plans across all municipalities in the country. 
The Department is working to finalise recommendations to the President for appointment of the Tribunal, the proclamation of the AARTO Act implementation as well as the AARTO Amendment Act. It will also "equally move with speed with the implementation of the points demerit system, an important cornerstone of the AARTO Act intended to drive motorist behaviour on our roads" said the minister.
She added the Department is "pleased that this judgement not only removes the uncertainty that was created by this legal challenge, but enables us to focus on ensuring that our roads are safe for all road users with penalties that will make a telling difference".