National Road Traffic Amendment Bill public hearings: day 3

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Transport

16 March 2021
Chairperson: Mr M Zwane (ANC)
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Meeting Summary

Video: Portfolio Committee on Transport, 16 March 2021

The Committee received submissions on the National Road Traffic Amendment Bill from several stakeholders in the liquor industry.

The Agricultural Business Chamber of South Africa (AGBIZ) supported the objective of addressing the problem of alcohol-related road deaths, but questioned whether reducing the blood alcohol concentration (BAC) limit to zero percent would achieve this objective. It would also have significant unintended consequences, such as causing false positive test results due to medication and medical conditions. It would adversely affect the wine industry. Agbiz proposed the introduction of minimum mandatory sentences for driving under the influence of alcohol, a zero percent BAC limit only for drivers below the age of 21, improved policing and co-operation with the alcohol industry.

Members of the Committee raised the problem of alcohol-related pedestrian deaths in the Cape Winelands, suggested raising the age ceiling for the zero percent BAC limit to 25, and inquired about the viability of expanding the non-alcoholic wine industry.

The company, New Number Plate Requisites, raised concerns about the possibility that microdots would become a legal requirement for number plates. Microdots were very small and required specialised equipment to read and it was therefore not clear how practical they would be as a security feature of number plates.

The committee discussed the Department of Transport’s plans for microdots.

Danie Cronje & Associates, on behalf of Stellenbosch Wine Routes, said that there was no evidence that a BAC below 0.05 percent impaired a person’s driving ability. Far from having the desired effect of reducing the number of alcohol-related road deaths, changing the BAC limit to zero percent would turn law-abiding citizens into offenders. It would also have a chilling effect on the wine industry as a whole as well as the wine tourism and restaurant industries, especially in more remote areas where alternatives to private cars were not widely available.

Members of the Committee asked whether the industry had any ideas to address the problem of intoxicated pedestrians, especially in the Cape Winelands, and whether the BAC limit should be 0.05 percent or 0.02 percent.

A panel representing South African Breweries, Distell and the Beer Association of South Africa reported on the success of the Alcohol Evidence Centre programme that had been run in Pietermaritzburg in partnership with the Kwazulu-Natal Provincial Government. They drew attention to the much greater proportion of arrests made for offences such as overloading when compared to drunk driving, and deferred the question of what the BAC limit should be to experts. They called for a holistic and evidence-based approach, involving strong partnerships and changing social norms, to address the problem of alcohol-related road deaths.

Members of the Committee welcomed the suggestion to tackle the problem holistically, and asked how the industry planned to expand the Alcohol Evidence Centre programme to remote areas.

A panel representing the tourism and hospitality sector in general and the wine tourism sector in particular opposed any change to the BAC limit, questioning whether it would achieve its stated objective of reducing alcohol-related road deaths. They drew attention to the disproportionate effect it would have on the wine tourism industry, which had already been hit hard by COVID-19 and the alcohol bans in 2020. It would criminalise law-abiding citizens and have a knock-on effect on employment in a range of related sectors such as restaurants and hotels.

Meeting report


The Chairperson accepted apologies from Ms N Nolutshungu (EFF) and Mr B Yabo (ANC) and invited Mr Theo Boshoff, Head, Legal Intelligence, Agricultural Business Chamber of South Africa (Agbiz), to make the first submission.

Submission by Agbiz

Mr Boshoff explained that the only part of the Bill that Agbiz was concerned about were the changes to section 65 of the National Road Traffic Act that would reduce the blood alcohol concentration (BAC) limit for drivers from 0.05 percent to zero percent. Although the statistics on alcohol-related road deaths in South Africa were shocking, and Agbiz wholeheartedly supported the objective of addressing this problem, it was questionable whether reducing the BAC limit to zero percent would achieve this objective. The BAC limit had been reduced in 1996 and no reduction in alcohol-related road deaths had been recorded then, although admittedly there were other contributing factors, such as the increase in the number of vehicles on the road. The majority of drivers involved in road crashes were well above the existing limit, and it was not clear that a lower limit would have affected the behaviour of these drivers. While there were advantages to a zero percent limit, there would also be significant unintended consequences, such as causing false positive test results due to medication and medical conditions. It would also adversely affect the wine industry which had recently had to contend with the effect of the alcohol bans in 2020 as well as increases in the minimum wage. Agbiz proposed the introduction of minimum mandatory sentences for driving under the influence of alcohol, a zero percent BAC limit only for drivers below the age of 21, improved policing, and co-operation with the alcohol industry. He stressed that it was not a question of profit versus people but about the effectiveness of the proposed amendment.

Questions

Mr L McDonald (ANC) agreed with Mr Boshoff to a large extent. He called on the alcohol industry in general and the wine industry in particular to develop solutions to the problem of farmworkers becoming intoxicated and then being killed on the roads. He also noted that the Winelands in the Western Cape showed a significantly higher level of alcohol-related pedestrian fatalities and asked what could be done about this.

Mr M Chabangu (EFF) asked how the industry aimed to curb the abuse of alcohol which led to so much death on the roads. He suggested that the zero percent BAC limit might be applied to drivers below the age of 25, not 21.

Mr C Hunsinger (DA) observed that there was a trend of non-alcoholic wines emerging in the market as a result of the alcohol bans in 2020. What was the future of these wines? What were the prospects of changing the country’s wine culture to make non-alcoholic wines the norm?

Response

Mr Boshoff said that applying the BAC limit to drivers below the age of 25 was a possibility. He suggested that the wine industry might be able to comment on the taste and quality of non-alcoholic wines, but noted that these wines could contain trace amounts of alcohol, and if the BAC limit was 0% then any amount of alcohol would constitute a criminal offence. He said that a different strategy was needed to address the problem of intoxicated pedestrians, which was a real problem but one that fell outside the scope of the current Bill, and added that the industry did run responsible drinking programmes.

Submission by New Number Plate Requisites (NNPR)

Mr Johan Steenkamp, Managing Director, NNPR, explained that he was concerned about the possibility that microdots would become a legal requirement in number plates. He noted that microdots had not been discussed by any of the South African Bureau of Standards (SABS) committees on which he served. Microdots were very small and required specialised equipment to read and it was therefore not clear how practical they would be as a security feature of number plates. He added that there had been no consultation with the industry on the matter since 2015. He also said that NNPR would support the introduction of a national number plate.

Discussion

Mr Hunsinger asked if there was anyone from the Department of Transport (DoT) in the meeting who could clarify whether the Department was planning to require microdots on the car bodywork or on the number plate.

Mr Chris Hlabisa, Deputy Director-General: Road Transport, DoT, explained that the Department would give a full report on its microdot policy at a later date and asked Adv Johannes Makgatho, Director:  Legal Services, DoT, to give a high level overview of the policy.

Adv Makgatho explained that microdots were currently required on vehicle bodywork and the Department was considering introducing them on number plates to make them more difficult to clone.

Mr McDonald asked whether traffic officers would be supplied with microdot readers.

Mr John Motsatsing, Chief Director: Road Regulation, DoT, confirmed that traffic officers would have microdot readers.

Submission by Stellenbosch Wine Routes

Mr Danie Cronje, Director, Danie Cronje & Associates, on behalf of Stellenbosch Wine Routes, said that there was no evidence that a BAC below 0.05 percent impaired a person’s driving ability. This was borne out by the fact that the BAC limit in almost every wine-producing country was 0.05 percent. Far from having the desired effect of reducing the number of alcohol-related road deaths, changing the BAC limit to zero percent would turn law-abiding citizens into offenders. It would also have a chilling effect on the wine industry as a whole as well as the wine tourism and restaurant industries, especially in more remote areas where alternatives to private cars were not widely available. He noted that non-alcoholic wines retained trace amounts of alcohol and also tasted significantly different from ordinary wines. Instead of lowering the BAC limit, the focus should rather be on enforcing the current limit. The high level of alcohol-related road deaths was a social and not a legal problem that required an educational solution.

Discussion

Mr McDonald agreed that a zero percent BAC limit would have a serious effect on the wine tasting industry in particular. He asked whether the industry had any ideas to address the problem of intoxicated pedestrians, especially in the Cape Winelands.

Mr P Mey (FF+) asked whether Stellenbosch Wine Routes wanted the BAC limit to remain at 0.05 percent or would support reducing it to 0.02 percent.

Response

Mr Cronje said that Stellenbosch Wine Routes were calling for the limit to remain unchanged at 0.05 percent. He observed that “drinking and walking” was not currently covered by any legislation. He stressed that education was the most important part of combating alcohol abuse in general because it was not easy to regulate what people did in their homes. Reducing the number of illegal liquor outlets would also help, as there were laws prohibiting liquor outlets from serving alcohol to intoxicated customers but illegal outlets did not respect these laws.

Submission by the South African Liquor Brand owners Association (SALBA), VinPro, the Beer Association of South Africa (BASA) and the Craft Beer Association of South Africa (CBASA)

Mr Kurt Moore, Chief Executive Officer (CEO), SALBA, said that the liquor industry was as concerned as anyone about alcohol-related road deaths. A holistic and evidence-based approach, involving strong partnerships and changing social norms, was required to address the problem.

Ms Pamela Nkuna, Head: Public Affairs and Regulatory Matters, South African Breweries (SAB), discussed the results of the Alcohol Evidence Centre (AEC) programme that had been run in Pietermaritzburg in partnership with the Kwazulu-Natal Provincial Government. The use of evidentiary breath alcohol testing machines (EBATs) at the AEC allowed law enforcement to get a blood alcohol reading immediately without having to send a blood sample to a laboratory, enabling police to convict a drunk driver within fourteen days. The plan was to roll out 35 AECs throughout the country by 2022, in combination with mobile courts to enable on-the-spot convictions. At the Pietermaritzburg pilot AEC, a 44 percent reduction in road fatalities compared to the previous year had been recorded, over 1 000 arrests were made, over 1 000 convictions were completed and over 300 successful prosecutions were completed.  The 2020/21 Festive Social Norms Campaign had also led to a seven percent decline in road deaths being recorded.

Ms Pravashini Govender, Group Head: Regulation and Policy, Distell, said that Distell supported the aim of reducing alcohol-related road deaths. Interventions needed to be evidence-based and accompanied by strong enforcement. However, a broader approach was required. According to data from the Organisation for Economic Co-operation and Development (OECD) Transport Forum in 2019 and a 2016 study by the Road Traffic Management Corporation (RTMC), alcohol accounted for 3.4 to 5.5 percent of road deaths. Arrests for drunk driving made up 0.4 percent of offences, far below the percentages for overloading of passengers and cargo and for not using seatbelts.

Ms Patricia Pillay, CEO, BASA, said that South Africans had become used to being able to get away with drunk driving, even after being stopped by the police. The industry was committed to working together with government to find a holistic solution to the problem, and the AEC programme had shown very strong results. Everyone had the same goal of reducing the carnage on South African roads. The BAC limit was a controversial issue but the actual percentage should be decided by experts.

Discussion

Mr T Mabhena (DA) agreed that there was a culture of impunity among South African drivers. The demerit system introduced in the Administrative Adjudication of Road Traffic Offences (AARTO) Act had not worked. He understood the reluctance to comment on the precise BAC limit but asked if there was any input any of the speakers could offer.

Mr McDonald was glad that the industry was taking a holistic view of the problem and appreciated the attention drawn to the other factors contributing to road deaths. The BAC limit should not be changed as these other factors were much bigger problems, along with a lack of enforcement and a lack of consequences for breaking the law.

Mr Chabangu asked how AECs would be established in rural areas with few facilities and vast spaces, and how they would be funded. Would the industry be asking the government to assist with funding in future?

Responses

Ms Pillay explained that they had avoided commenting on the BAC limit because they didn’t want it to become the focus of their presentation, but instead wanted the focus to be on the wider challenges. She recalled that the BAC limit reduction in 1996 had not led to a reduction in alcohol-related road deaths. The wider social issues were much more important than the narrow technical issue of the BAC limit. She confirmed that non-alcoholic wines and beers did contain trace amounts of alcohol. The alcohol industry had established and was funding an organisation called aware.org that ran its alcohol harm reduction programmes. It did not receive funding from the State. However, the industry would remain open to partnerships with government.

Ms Govender noted that a zero percent BAC limit would have the effect of overwhelming the criminal justice system. There were huge challenges around drunk driving but a targeted approach was called for. This was what aware.org’s programmes tried to do. It was in the best interests of the whole country, including the alcohol industry, to reduce the harm from alcohol abuse.

Ms Nkuna explained that the industry would look to form public-private partnerships to bring AECs to remote areas.

Submission by Wesgro, VinPro, South African Wine Routes Forum and the Federated Hospitality Association of South Africa (FEDHASA)

Ms Marisah Nieuwoudt, Manager: Wine Tourism, VinPro, said that VinPro supported a zero-tolerance approach to drunk driving but questioned whether reducing the BAC limit to zero percent was the correct policy tool to address the problem. She gave an overview of the wine tourism industry, explaining that a zero percent limit would have a disproportionately negative impact on the industry which had already been hit hard by COVID-19 and the alcohol bans in 2020.

Ms Elmarie Rabe, Chairperson, South African Wine Routes Forum, discussed the differences between wine tourism and the general liquor industry. A zero percent BAC limit would disproportionately affect small and emerging wineries because they were more dependent on wine tasting, as opposed to sales, and were also more likely to be located beyond the reach of alternatives to private cars. A zero percent limit would criminalise law-abiding citizens and have a knock-on effect on employment in a range of related sectors such as restaurants and hotels. The BAC limit should remain at 0.05 percent.

Ms Karen Bosman, Strategic Research and Public Affairs Officer, Wesgro, said there was no question that alcohol played a major role in road injuries and deaths but questioned whether a zero percent BAC limit would achieve its stated objective of reducing alcohol-related road deaths. She said it would have a disproportionate negative effect on the predominantly rural wine tourism industry. She noted that a 0.05 percent limit was in line with other wine-producing countries that did not have comparable levels of alcohol-related road deaths. Instead of lowering the BAC limit, a holistic approach incorporating better enforcement of existing laws was called for.

Ms Rosemary Anderson, National Chairperson, FEDHASA, said that the hospitality industry could play a crucial role in the recovery of the economy if a significant number of international visitors could be attracted. It provided many jobs and required minimal investment, as it did not require formal training. Its main asset was the natural beauty of the country. She feared that a zero percent BAC would have a chilling effect on international tourism. There was nothing wrong with the law, it just needed to be better enforced.

Discussion

Mr Mabhena understood the concerns of the wine tourism industry and accepted that it made a significant contribution to the economy, especially in the Western Cape. He agreed that the issue was the enforcement of the law, not the law itself, and he supported leaving the BAC limit at 0.05 percent.

Conclusion

The Chairperson said he appreciated the consideration shown by the industry for employment and safety.

The committee adopted the minutes of its meetings on 9, 10 and 11 March 2021.

The meeting was adjourned.

 

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