Latest news with #AdministrativeAdjudicationofRoadTrafficOffences
SowetanLIVE
3 days ago
- SowetanLIVE
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.
TimesLIVE
3 days ago
- Automotive
- 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.
The Citizen
7 days ago
- Politics
- The Citizen
Government announces when Aarto demerit system will start
The national implementation of the Aarto Act has been confirmed with government rolling out regulations in phases Clauses relating to the Administrative Adjudication of Road Traffic Offences (Aarto) demerit system will come into effect next year. In a bulk gazette that contained 16 notices and proclamations, national government on Friday declared the commencement dates for certain sections of the Aarto Act and its subsequent amendment. Implementation of the act will be done in phases, beginning in December for some municipalities. The Aarto Act was passed in 1998, with the amendment containing the demerit system signed by President Cyril Ramaphosa in 2019. Friday's gazette stated that the whole of the 1998 Act, with the exception of Section 29(g), will come into effect for 69 municipalities in 1 December. Sections 17 to 20, section 23 and sections 29 to 35 of the 2019 amendment will also come into effect for those 69 municipalities on 1 December. These municipalities include Johannesburg, Tshwane, Ekurhuleni, Mangaung, eThekwini and Cape Town. Five months later, 144 municipalities receive the same stipulations on 1 April 2026. These include the Knysna, Drakenstein, Bela-Bela, Umvoti and 140 other local municipalities. Section 24, which covers the demerit system, as well as sections 25 to 28 will come in effect for all municipalities from 1 September 2026. Constitutional court case The Organisation Undoing Tax Abuse (Outa) challenged the amendments and took the matter all the way to Constitutional Court. The civil society group asserted that the amendments did not adequately deal with road traffic safety and that it hampered municipalities' ability to regulate their own affairs. 'Outa is of the opinion that the Aarto practical challenges are largely due to poor enforcement, a lack of administrative discipline when it comes to traffic infringement management, and a variety of problems in the management of vehicle and driver licencing,' the organisation stated at the time. In July 2023, the court ruled against Outa, with then Chief Justice Raymond Zondo's judgment declaring that the amendments were constitutional. Employee implications Section 17 of the Act deals with the responsibilities of those who employ drivers. 'Aarto will make employers potentially face administrative and financial burdens for their employees' non-compliance where their driving falls within the employees' key duties and responsibilities,' Weber Wentzel advised previously. The Act requires a company to appoint a proxy to represent company vehicles but the firm state that the proxy will not accumulate demerit points on the drivers' behalf. 'However, the proxy must ensure that the demerit points are allocated to the correct driver.' 'Should the proxy not do so, the employer will be liable to pay the fine at three times the value applicable to ordinary license holders,' WeberWentzel stated. NOW READ: Aarto implementation could result in municipal traffic services 'shutting down'
The South African
02-08-2025
- Automotive
- The South African
New AARTO demerit point system locked into law: ALL the key dates
The Department of Transport has officially gazetted new rollout dates for the Administrative Adjudication of Road Traffic Offences (AARTO) Act, confirming that the long-delayed national demerit point system will take effect on 1 September 2026. This marks the most definitive timeline yet for the controversial system, following years of legal challenges, misinformation, and shifting deadlines. The implementation of the AARTO system will happen in three major waves: 1 December 2025 : First rollout in 69 municipalities. : First rollout in 69 municipalities. 1 April 2026 : Extension to a further 144 municipalities. : Extension to a further 144 municipalities. 1 September 2026: National commencement of the demerit point system for all licensed drivers. These phases will introduce new regulations covering traffic fines, infringement notices, appeals, and penalties. From 1 September 2026, the driving demerit system will apply across South Africa. Here's how it works: Learner drivers : Licence suspended after 6 points . : Licence suspended after . Fully licensed drivers : Suspension begins at 15 points . : Suspension begins at . Third suspension: Licence is cancelled, and the driver must reapply and retake tests. Each traffic offence will carry a set number of points. Accumulating too many can result in temporary suspension or permanent cancellation of your licence. Points gradually reduce over time with good behaviour, allowing drivers to improve their record. Motorists will receive electronic infringement notices instead of paper fines. instead of paper fines. There is a 32-day grace period to respond or pay. to respond or pay. Paying within the initial period qualifies drivers for a 50% discount . . Failure to respond leads to additional penalties, possible licence demerits, and enforcement action. The AARTO system aims to promote safer roads by holding drivers accountable. However, critics warn it could be misused as a revenue-generating tool if poorly implemented. The Department of Transport insists that the system will improve law enforcement and streamline the administrative handling of road violations. A dedicated tribunal is being set up to hear appeals. Stay informed: Municipalities will begin educational campaigns ahead of the rollout. Keep your driving record clean to avoid starting with points once the system begins. Watch for official communications regarding infringement notices or appeals processes. Prepare for electronic, rather than paper-based, fine and penalty handling. The nationwide rollout of AARTO and its demerit point system is now locked into law. With over a year until full implementation, authorities have committed to using this time for driver education, system testing, and public awareness. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
The Citizen
23-07-2025
- Automotive
- The Citizen
Aarto implementation date of 1 December ‘still tentative'
Is your municipality one of the 69? Serial offenders will be at risk of losing their driver's licences. Picture: Moneyweb Road Traffic Infringement Agency (RTIA) spokesperson Monde Mkalipi says the 1 December date for implementing the Administrative Adjudication of Road Traffic Offences (Aarto) Amendment Act in 69 municipalities countrywide, and the names of those municipalities, is still tentative. The current list of municipalities – which you can view here – includes all the metro councils and the larger towns and cities in all provinces. The RTIA, an agency of the Department of Transport (DoT), administers the Aarto Act and its amended version. It became operational in 2010 but the RTIA has been unable to implement parts of Aarto beyond Johannesburg and Tshwane. Several deadlines for countrywide implementation have been missed and postponed. The Aarto Amendment Act, which was presented as making necessary changes to enable countrywide implementation, has been signed by President Cyril Ramaphosa, but he has yet to promulgate the date on which it becomes operational. Before that can happen, he must also appoint an Appeals Board as required by the act. ALSO READ: Aarto demerit points system to be implemented by mid-2025 – Nada Confusion around timing Confusion followed Deputy Minister of Transport Mkhuleko Hlengwa's announcement during his budget speech earlier this month that Aarto will be implemented in 69 municipalities on 1 October and the other 144 on 1 February next year. His speech has since been 'corrected' on the DoT website to change the October date to 1 December. The February date for the final roll-out remains unchanged. However, Mkalipi says there will only be certainty once the promulgation has been made and announced in the Government Gazette. He says consultation must still be finalised, 'including with the municipalities'. Hlengwa's published statement now reads that Aarto 'will be rolled out in different phases according to municipal readiness from 1 December 2025 for the 69 municipalities that are ready for the rollout'. 'This is Phase 2 of the Aarto rollout programme, while Phase 3 will be rolled out on 1 February 2026 for the 144 municipalities that will only be ready then.' ALSO READ: Driving licence points demerit system still 'a long way off' The legislation has been in operation in Tshwane and Johannesburg since 2008. Still, the points demerit system provided for in the legislation will only be operational once Aarto is in effect countrywide. This will constitute the fourth and final stage, says Mkalipi. Once the act is in full operation, serial offenders will be at risk of losing their driver's licences if they exceed a certain number of demerit points and fail to mend their ways. If the rollout progresses according to the deputy minister's target dates, it will only be after a long series of false starts. Initially, municipalities and other stakeholders expressed considerable resistance, often accompanied by threats of litigation. There were also concerns about the readiness of municipalities to administer the complex system. Some of the concerns seem to have been addressed in the Amendment Act – and Hlengwa seems confident that the 69 municipalities are now ready for implementation on 1 December. ALSO READ: RTIA says Aarto Act implementation will increase municipalities' income 'No point without points demerits' JP Smith, Cape Town MMC for safety and security, says the city will have no choice but to implement Aarto if it is included in the proclamation. However, he is very critical of its implementation without the points demerit system. 'This is the only useful part of the act. Implementing without it will be an impediment to law enforcement. 'It is like me giving you an ice cream, but I only hand you the cone.' Smith says the city is relying on the fact that it can still use its current bylaw to prosecute traffic transgressions. ALSO READ: Court misconstrued Aarto Act when declaring it unconstitutional, says RTMC Unresolved issues Gavin Kelly, CEO of the Road Freight Association, says much discussion still needs to happen before the Aarto Amendment Act can be implemented. 'We sent a lot of comments when new regulations were issued for comment in 2019, and they haven't come back to us about it. Maybe they will go ahead anyway,' he says. The points demerit system is the essence of Aarto. Kelly says implementing without it will change how municipalities issue contravention notices. 'If the authorities start issuing Aarto paperwork, they will still be accountable in court if they don't follow due process – and we don't see that [due process] in Johannesburg and Tshwane.' He says issues about how vehicle fleets are dealt with in the Aarto process, including attaching points to vehicles, have not been resolved. ALSO READ: Like it or not, demerit points are coming 'You cannot change the behaviour of vehicles. You must change the behaviour of drivers.' Kelly says the authorities are trying to make money by, for example, charging fees to access the status on the points demerit system. 'In other countries, anybody can at any time access the points free of charge.' Employers must also be allowed to see how many points have been awarded against their drivers, but with the fees that have been proposed 'some companies will go bankrupt by paying access fees'. Advocate Stefanie Fick, executive director for accountability at Organisation Undoing Tax Abuse, says transitional measures must be published to guide stakeholders when the Aarto Amendment Act becomes operational, and regulations governing the act must determine how it will operate. This article was republished from Moneyweb. Read the original here.
