Road Accident Fund

Last updated

The Road Accident Fund (RAF) is a South African state insurer that provides liability and collision insurance coverage to all drivers in South Africa. [1] [2] [3] RAF does not cover property damage (such as damage to vehicles, buildings, and the contents of a vehicle).

Contents

The RAF issues settlements by assigning the claimant a percentage of responsibility for the accident and paying the claimant the percentage of a full settlement that was determined not to be their responsibility. Road Accident Fund collects insurance premiums through a levy on motor vehicle fuel.

Principal activities

The RAF provides compulsory social insurance cover to all users of South African roads, both citizens and foreigners, against injuries sustained or death arising from accidents involving motor vehicles within the borders of South Africa. This cover is in the form of indemnity insurance to persons who cause the accident, as well as personal injury and death insurance to victims of motor vehicle accidents and their families. The RAF's mandate is to rehabilitate and compensate persons injured as a result of the negligent driving of motor vehicles and to promote road safety in South Africa.

History

The RAF was established by the Road Accident Fund Act, 1996 and started operation on 1 May 1997. It assumed the rights, obligations, assets and liabilities of the Multilateral Motor Vehicle Accidents Fund.

Before 1997, the system of compulsory motor vehicle accident insurance was governed by the following legislation:

Governing structure

The South African Government's oversight over the RAF includes:

The National Assembly has legislative powers and maintains oversight of the National Executive Authority and the RAF as an organ of State. In addition, Parliament oversees the Executive Authority who is required to provide Parliament with full and regular reports concerning matters under his control. Parliament exercises oversight of the RAF through the Transport Portfolio Committee and through SCOPA. The Portfolio Committee oversees service delivery and performance in accordance with the mandate of the RAF and its corporate strategy. It reviews financial and non-financial information, such as efficiency and effectiveness measures in delivering services against corporate goals.

The Minister of Transport is the Executive Authority of the RAF and is concerned with the financial viability and risks of the organization, as well as policy-making and monitoring of policy implementation to ensure that the RAF effectively delivers on its mandate. The board of directors acts as the Accounting Authority of the RAF and is accountable to the Executive Authority for the performance and affairs of the entity. The RAF's Board is responsible for determining the overall direction of the RAF, formulating and implementing policies that are necessary to achieve the RAF's strategic goals, and maintaining good corporate governance.

Funding

The RAF can obtain its funding from several sources as outlined as fuel levy income, government grants paid by National Treasury when there is a pressing need such as an acute cash shortage, and borrowings which are an allowed source of funding according to the RAF Act, and investment income acquired from invested funds that occasionally result when the RAF's operational capacity prevents it from paying out all its funds.

RAF Fuel levy

The primary source of income for the RAF compensation scheme is a levy raised on fuel. The levy is measured in terms of cents per litre on petrol and diesel fuel sold in South Africa and forms part of the general fuel tax regulated by government. The fuel levy per litre is set by National Treasury on a yearly basis, whereas total fuel sales are influenced by a number of macro-economic factors. On an annual basis, the RAF requests National Treasury for an increase in the RAF Fuel Levy, based on a financial model and a calculation of its costs during the coming year. The full extent of the RAF Fuel Levy requested is seldom granted. This is because National Treasury has historically set the levy on the basis of a pay-as-you-go principle rather than with the purpose of establishing a fully funded position for the RAF. During the 2012 financial year the RAF Fuel Levy was set at 80 cents per litre.

The RAF is not involved in the collection of its fuel levy. The South African Revenue Service ("SARS") administers the collection of the fuel levy and pays it to the RAF, in accordance with provisions of the Customs and Excise Act, 1964 and the RAF Act. The two main variables that determine the income of the RAF are the volume of petrol and diesel sold per annum and the rate of the levy. The RAF Fuel Levy can be viewed as a compulsory contribution to social security benefits which is used only for the specific purposes as provided for in legislation.

Financial position

The RAF is affected by general economic conditions and other environmental factors, and by the extent to which it manages its costs effectively.

The nexus of all these factors is road activity in South Africa:

Corruption

The road accident fund has struggled with inability to get on top of mounting claims, financial deficit and exorbitant claims. An investigation by the Special Investigating Unit (SIU) pointed to multiple failures including corruption. Opportunistic and fraudulent claims are being investigated. Problems identified include procurement and tender irregularities, duplicate claims, overpricing of services and fraudulent claims. [4]

Locations

The head office is in Centurion. Other offices are in Menlyn, Pretoria, Johannesburg, East London, Durban, and Cape Town.

Related Research Articles

A fuel tax is an excise tax imposed on the sale of fuel. In most countries the fuel tax is imposed on fuels which are intended for transportation. Fuel tax receipts are often dedicated or hypothecated to transportation projects, in which case the fuel tax can be considered a user fee. In other countries, the fuel tax is a source of general revenue. Sometimes, a fuel tax is used as an ecotax, to promote ecological sustainability. Fuel taxes are often considered by government agencies such as the Internal Revenue Service as regressive taxes.

Health insurance or medical insurance is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among many individuals. By estimating the overall risk of health risk and health system expenses over the risk pool, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to provide the money to pay for the health care benefits specified in the insurance agreement. The benefit is administered by a central organization, such as a government agency, private business, or not-for-profit entity.

<span class="mw-page-title-main">Vehicle insurance</span> Insurance for road vehicles

Vehicle insurance is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury resulting from traffic collisions and against liability that could also arise from incidents in a vehicle. Vehicle insurance may additionally offer financial protection against theft of the vehicle, and against damage to the vehicle sustained from events other than traffic collisions, such as keying, weather or natural disasters, and damage sustained by colliding with stationary objects. The specific terms of vehicle insurance vary with legal regulations in each region.

Road tax, known by various names around the world, is a tax which has to be paid on, or included with, a motorised vehicle to use it on a public road.

In France, taxation is determined by the yearly budget vote by the French Parliament, which determines which kinds of taxes can be levied and which rates can be applied.

<span class="mw-page-title-main">Accident Compensation Corporation</span>

The Accident Compensation Corporation (ACC) is the New Zealand Crown entity responsible for administering the country's no-fault accidental injury compensation scheme, commonly referred to as the ACC scheme. The scheme provides financial compensation and support to citizens, residents, and temporary visitors who have suffered personal injuries.

<span class="mw-page-title-main">Insurance Corporation of British Columbia</span> Provincial crown corporation in British Columbia

The Insurance Corporation of British Columbia (ICBC) is a provincial Crown corporation in British Columbia providing vehicle insurance. ICBC was created in 1973 by the NDP government of Premier Dave Barrett.

Income taxes are the most significant form of taxation in Australia, and collected by the federal government through the Australian Taxation Office. Australian GST revenue is collected by the Federal government, and then paid to the states under a distribution formula determined by the Commonwealth Grants Commission.

<span class="mw-page-title-main">Motoring taxation in the United Kingdom</span>

Motoring taxation in the United Kingdom consists primarily of vehicle excise duty, which is levied on vehicles registered in the UK, and hydrocarbon oil duty, which is levied on the fuel used by motor vehicles. VED and fuel tax raised approximately £32 billion in 2009, a further £4 billion was raised from the value added tax on fuel purchases. Motoring-related taxes for fiscal year 2011/12, including fuel duties and VED, are estimated to amount to more than £38 billion, representing almost 7% of total UK taxation.

<span class="mw-page-title-main">Motor Insurers' Bureau</span> British company that compensates victims of uninsured drivers

The Motor Insurers' Bureau (MIB) was founded in the UK in 1946 as a private company limited by guarantee and is the mechanism in the UK through which compensation is provided for victims of accidents caused by uninsured and untraced drivers, which is funded by an estimated £30 a year from every insured driver's premiums.

Australia's insurance market can be divided into roughly three components: life insurance, general insurance and health insurance. These markets are fairly distinct, with most larger insurers focusing on only one type, although in recent times several of these companies have broadened their scope into more general financial services, and have faced competition from banks and subsidiaries of foreign financial conglomerates. With services such as disability insurance, income protection and even funeral insurance, these insurance giants are stepping in to fill the gap where people may have otherwise been in need of a personal or signature loan from their financial institution.

<span class="mw-page-title-main">Excise</span> Goods tax levied at the moment of manufacture rather than sale

An excise, or excise tax, is any duty on manufactured goods that is normally levied at the moment of manufacture for internal consumption rather than at sale. It is therefore a fee that must be paid in order to consume certain products. Excises are often associated with customs duties, which are levied on pre-existing goods when they cross a designated border in a specific direction; customs are levied on goods that become taxable items at the border, while excise is levied on goods that came into existence inland.

The Salter Report was named after Arthur Salter, who chaired an influential conference of road and rail experts in 1932 which reported in 1933. The report directed British government policy for transport funding for decades to follow.

The Road Fund was a British Government fund designated to pay for the building and maintenance of the United Kingdom road network. Its income came originally from Vehicle Excise Duty, until that ceased to be hypothecated for roads use in 1936, and then from government grants. It was created by the Roads Act 1920 and Finance Act 1920, and was wound up in the Miscellaneous Financial Provisions Act 1955.

Taxes in Germany are levied at various government levels: the federal government, the 16 states (Länder), and numerous municipalities (Städte/Gemeinden). The structured tax system has evolved significantly, since the reunification of Germany in 1990 and the integration within the European Union, which has influenced tax policies. Today, income tax and Value-Added Tax (VAT) are the primary sources of tax revenue. These taxes reflect Germany's commitment to a balanced approach between direct and indirect taxation, essential for funding extensive social welfare programs and public infrastructure. The modern German tax system accentuate on fairness and efficiency, adapting to global economic trends and domestic fiscal needs.

<span class="mw-page-title-main">Taxation in South Africa</span>

Taxation may involve payments to a minimum of two different levels of government: central government through SARS or to local government. Prior to 2001 the South African tax system was "source-based", where in income is taxed in the country where it originates. Since January 2001, the tax system was changed to "residence-based" wherein taxpayers residing in South Africa are taxed on their income irrespective of its source. Non residents are only subject to domestic taxes.

<span class="mw-page-title-main">Ministry of Finance (Malaysia)</span> National ministry of finance

The Ministry of Finance, abbreviated MOF, is a ministry of the Government of Malaysia that is charged with the responsibility for government expenditure and revenue raising. The ministry's role is to develop economic policy and prepare the Malaysian federal budget. The Ministry of Finance also oversees financial legislation and regulation. Each year in October, the Minister of Finance presents the Malaysian federal budget to the Parliament.

<span class="mw-page-title-main">Taxation in Oklahoma</span> Oklahoma Taxes

Taxation in Oklahoma takes many forms. Individuals and corporations in Oklahoma are required to pay taxes or fee charges to both levels of government: state and local. Taxes are collected by the government to support the provisions of public services. The Oklahoma Constitution vested the authority to levy taxes with the Oklahoma Legislature while the Oklahoma Tax Commission is the primary Executive agency responsible for collecting taxes.

Minister of Safety and Security v Road Accident Fund and Another is an important case in the South African law of delict. It was heard in the Natal Provincial Division on November 17, 2000, with judgment handed down the same day. GM MacKenzie was counsel, as State Attorney, for the plaintiff; CJ Hartzenberg SC appeared for the first defendant. There was no appearance for the second defendant. The presiding officer was Combrinck J, to whom fell the adjudication of a stated case in an action for damages arising from a motor vehicle accident.

Taxes in Lithuania are levied by the central and the local governments. Most important revenue sources include the value added tax, personal income tax, excise tax and corporate income tax, which are all applied on the central level. In addition, social security contributions are collected in a social security fund, outside the national budget. Taxes in Lithuania are administered by the State Tax Inspectorate, the Customs Department and the State Social Insurance Fund Board. In 2019, the total government revenue in Lithuania was 30.3% of GDP.

References

  1. About RAF
  2. "Accident Attorneys".
  3. "Road Accident Fund (RAF) – Overview". nationalgovernment.co.za. Retrieved 29 October 2021.
  4. https://businesstech.co.za/news/government/770641/south-africas-road-accident-fund-being-bled-dry-this-is-whos-to-blame/.{{cite web}}: Missing or empty |title= (help)