AARTO officially gazetted: How the points system will work
Image: Ayanda Ndamane / Independent Newspapers
The national rollout of the Administrative Adjudication of Road Traffic Offences Amendment Act (AARTO) has been officially gazetted, after President Ramaphosa signed the Proclamation on Friday.
According to the Government Gazette issued on August 1, most sections of the act will come into effect in major municipalities across the country on December 1, 2025, followed by the remaining municipalities on April 1, 2026. The remaining sections of the AARTO Act (26 to 28), which are believed to include the dreaded demerit points, are set to take effect on September 1, 2026.
A total of 69 municipalities will implement AARTO from the beginning of December, Johannesburg, Pretoria, Ekhuruleni, Mbombela, Polokwane, Durban, Newcastle, Ladysmith, Bloemfontein, Qgeberha, East London, Cape Town, Stellenbosch, George and Beaufort West.
From April, the rollout will extend to 75 smaller municipalities, including Musina, Umdoni, Lepelle, Okhahlamba, Richmond, Kokstad, Blouberg, Great Kei and Sundays River.
In July, the Road Traffic Infringement Agency (RTIA) said service outlets had been created across the country and over 25,000 traffic officers were currently being trained to implement the new system within the confines of the law.
RTIA Spokesperson Monde Mkalipi said AARTO would decriminalise minor traffic offences in order to take strain off the courts. Rather than sending summonses to those who failed to pay their fines, which often do not even reach the courts, the new system would encourage compliance by blocking the renewal of vehicle and driving licences for those with outstanding fines.
Motorists who pay their fines within 32 days will receive a 50% discount. If not paid during this initial period, the fine is elevated to RTIA level, where a courtesy letter is sent to remind recipients of their rights. Motorists then have a further 32 days in which to dispute the infringement or transfer it to another driver.
So far this new process has only been applicable to Johannesburg and Pretoria, which formed part of the pilot phase for AARTO.
How the points system will work
Every motorist begins with zero demerit points on their driving licence, with different demerit points prescribed for various offences. If a total of 15 points is exceeded, the licence will be suspended for three months for each point over this threshold. These rules also apply to vehicle operator cards.
Although numerous offences will be 'decriminalised' under AARTO, such as minor speeding infringements and failure to wear a seatbelt, more serious offences will result in criminal procedures. These include driving under the influence, driving with a suspended licence and 'excessive' speeding, in which you exceed the limit by more than 40km/h.
The AARTO system has been delayed numerous times, with the legislation having been in development since 1998.
It has also faced numerous legal hiccups, culminating in it being declared unconstitutional by the Pretoria High Court in January 2022. This was effectively overturned by the Constitutional Court of South Africa in July 2023, paving the way for its implementation.
However, advocacy organisations such as the Automobile Association (AA) and the Organisation for Undoing Tax Abuse (OUTA) have challenged and criticised the AARTO system, with the latter initiating the aforementioned 2022 court case.
'Introducing legislation will not solve the country's road safety crisis. This merely creates an impression of action while nothing will change on the ground, where it is needed. As part of our contention, we point to the fact that there is no evidence that the AARTO pilot project saved a single life,' the AA said.
However, the RTIA believes strengthening laws for road traffic compliance was paramount, as research shows that more than 80% of road crashes are a result of human error.
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The Herald
14 hours ago
- The Herald
How SA's new driving licence demerit system will work
On August 1 the government gazetted the legislation for the long-delayed Administrative Adjudication of Road Traffic Offences (Aarto) system to be rolled out. The second phase will be implemented on December 1 in 69 municipalities, with the remaining 144 municipalities to follow on April 1 2026. The demerit points system comes into effect countrywide on September 1 2026, designed to ensure that habitual traffic offenders are removed from South Africa's roads. Aarto is the government's plan to replace the criminal system with an administrative one. With Aarto, drivers will be allocated points for offences and face suspension or cancellation of their licences if they accumulate too many, in addition to any penalty fee payable. It is administered by the Road Traffic Infringement Authority (RTIA), a state-owned entity financed from fines and money appropriated by parliament. Aarto decriminalises most traffic violations and subjects them to administrative processes. It does this by categorising road traffic violations as infringements or offences. Infringements (decriminalised violations) are dealt with administratively and offences are dealt with in terms of the Criminal Procedure Act. Here's how it will work: Drivers start with zero points, with different infringements carrying different demerit points depending on severity, up to a maximum of six points. The points are in addition to a penalty fee imposed for the infringement or the requirement to go to court for more serious offences. For initial infringements, drivers will have the option to resolve them within 32 days and benefit from a 50% discount or choose other options such as submitting a representation or paying in instalments. A driver may accumulate up to 15 demerit points without losing their driving privileges. The licence of a driver is suspended for three months for each demerit point above the threshold. One demerit point is deducted for every three months the driver does not incur any additional demerit points. Four points can be reduced on completion of a rehabilitation programme. Driving a motor vehicle during a disqualification period is a criminal offence. A conviction can result in a fine or imprisonment for up to one year or both. A driver's licence may be suspended twice in the lifetime of its holder. If the threshold is again exceeded after two suspensions, the driver's licence is cancelled. In the case of a cancelled licence the driver will have to start with a learner's licence once the disqualification period has lapsed. If you receive an infringement notice but were not the driver of the vehicle, you may nominate the driver who committed the infringement. You must nominate a driver in the first 32 days after receiving an infringement notice. This may be done on the website. If you believe there are reasonable grounds for cancelling your infringement notice you may submit a representation on the same website. You can elect to be tried in court when issued with an infringement notice (only for infringement notices with an infringement date up to November 30 2025), when you receive a courtesy letter, or when your representation for an infringement fails. For unsuccessful representation outcomes received for infringement dates from December 1 2025, you approach through an application made to the Appeals Tribunal, an independent body accountable to the department of transport. If your application fails you may lodge an appeal or review application to a magistrate's court. Examples of fines and demerit points allocation • Exceeding speed limit 11km/h-15km/h: R250 and zero points • Exceeding speed limit 16km/h-20km/h: R500 and one point • Exceeding speed limit 21km/h-25km/h: R750 and two points • Exceeding speed limit more than 40km/h: Court and six points • Failing to keep left: R1,000 and three points • Failing to use indicators: R500 and one point • Vehicle not registered or licensed: R1,000 and three points • Vehicle with no number plates: Court and six points • Vehicle with only one number plate: R500 and two points • Driver not licensed: R1,250 and four points • Driver's licence not in vehicle: R1,250 and four points • Disobeying stop sign or robot: R750 and two points • Driving under the influence of alcohol: Court and six points Infringement notices, courtesy letters and enforcement orders An infringement notice is served on an alleged infringer to know they have contravened a traffic law. It can either be issued on the side of the road, via postage or it can be an electronic infringement issued via email. Paying the penalty within 32 days of receiving it qualifies you for a 50% discount. If you fail to act within 32 days, the RTIA issues a courtesy letter. This removes the 50% discount and adds a R100 fee for the courtesy letter. Within 32 days you may pay the full penalty, arrange to pay it in instalments or make a written representation setting out why you are not liable for the infringement. If your representation fails you must pay an additional R200 administrative penalty. If you fail to act within 32 days of the courtesy letter, the RTIA issues an enforcement order that electronically blocks issuing of documents on NaTIS, meaning that no driving licence, professional driving permit or vehicle licence disc may be issued. It also allocates demerit points to your name.
TimesLIVE
15 hours ago
- TimesLIVE
How SA's new driving licence demerit system will work
On August 1 the government gazetted the legislation for the long-delayed Administrative Adjudication of Road Traffic Offences (Aarto) system to be rolled out. The second phase will be implemented on December 1 in 69 municipalities, with the remaining 144 municipalities to follow on April 1 2026. The demerit points system comes into effect countrywide on September 1 2026, designed to ensure that habitual traffic offenders are removed from South Africa's roads. Aarto is the government's plan to replace the criminal system with an administrative one. With Aarto, drivers will be allocated points for offences and face suspension or cancellation of their licences if they accumulate too many, in addition to any penalty fee payable. It is administered by the Road Traffic Infringement Authority (RTIA), a state-owned entity financed from fines and money appropriated by parliament. Aarto decriminalises most traffic violations and subjects them to administrative processes. It does this by categorising road traffic violations as infringements or offences. Infringements (decriminalised violations) are dealt with administratively and offences are dealt with in terms of the Criminal Procedure Act. Here's how it will work: Drivers start with zero points, with different infringements carrying different demerit points depending on severity, up to a maximum of six points. The points are in addition to a penalty fee imposed for the infringement or the requirement to go to court for more serious offences. For initial infringements, drivers will have the option to resolve them within 32 days and benefit from a 50% discount or choose other options such as submitting a representation or paying in instalments. A driver may accumulate up to 15 demerit points without losing their driving privileges. The licence of a driver is suspended for three months for each demerit point above the threshold. One demerit point is deducted for every three months the driver does not incur any additional demerit points. Four points can be reduced on completion of a rehabilitation programme. Driving a motor vehicle during a disqualification period is a criminal offence. A conviction can result in a fine or imprisonment for up to one year or both. A driver's licence may be suspended twice in the lifetime of its holder. If the threshold is again exceeded after two suspensions, the driver's licence is cancelled. In the case of a cancelled licence the driver will have to start with a learner's licence once the disqualification period has lapsed. If you receive an infringement notice but were not the driver of the vehicle, you may nominate the driver who committed the infringement. You must nominate a driver in the first 32 days after receiving an infringement notice. This may be done on the website. If you believe there are reasonable grounds for cancelling your infringement notice you may submit a representation on the same website. You can elect to be tried in court when issued with an infringement notice (only for infringement notices with an infringement date up to November 30 2025), when you receive a courtesy letter, or when your representation for an infringement fails. For unsuccessful representation outcomes received for infringement dates from December 1 2025, you approach through an application made to the Appeals Tribunal, an independent body accountable to the department of transport. If your application fails you may lodge an appeal or review application to a magistrate's court. Examples of fines and demerit points allocation • Exceeding speed limit 11km/h-15km/h: R250 and zero points • Exceeding speed limit 16km/h-20km/h: R500 and one point • Exceeding speed limit 21km/h-25km/h: R750 and two points • Exceeding speed limit more than 40km/h: Court and six points • Failing to keep left: R1,000 and three points • Failing to use indicators: R500 and one point • Vehicle not registered or licensed: R1,000 and three points • Vehicle with no number plates: Court and six points • Vehicle with only one number plate: R500 and two points • Driver not licensed: R1,250 and four points • Driver's licence not in vehicle: R1,250 and four points • Disobeying stop sign or robot: R750 and two points • Driving under the influence of alcohol: Court and six points Infringement notices, courtesy letters and enforcement orders An infringement notice is served on an alleged infringer to know they have contravened a traffic law. It can either be issued on the side of the road, via postage or it can be an electronic infringement issued via email. Paying the penalty within 32 days of receiving it qualifies you for a 50% discount. If you fail to act within 32 days, the RTIA issues a courtesy letter. This removes the 50% discount and adds a R100 fee for the courtesy letter. Within 32 days you may pay the full penalty, arrange to pay it in instalments or make a written representation setting out why you are not liable for the infringement. If your representation fails you must pay an additional R200 administrative penalty. If you fail to act within 32 days of the courtesy letter, the RTIA issues an enforcement order that electronically blocks issuing of documents on NaTIS, meaning that no driving licence, professional driving permit or vehicle licence disc may be issued. It also allocates demerit points to your name.
TimesLIVE
3 days ago
- TimesLIVE
Is South Africa ready for the new driving demerit system?
Starting on December 1 traffic violations will no longer just cost you a fine — they could cost you your licence. South Africa's controversial new Aarto demerit system is officially happening, with rollout dates set across all municipalities. By September 1 2026 the full demerit system will kick in nationwide. Drivers will earn points for offences like speeding or skipping red lights. Rack up too many and your licence could be suspended or cancelled. The process will be handled administratively, meaning no court appearances but automated penalties from the Road Traffic Infringement Agency.
