The implementation of the Administrative Adjudication of Road Traffic Offences (AARTO) actwill be rolled out in phases according to Minister of Transport, Fikile Mbalula, with the Points Demerit System scheduled to be introduced in 2022.

Update: As of 13th January 2022, many SA news websites are reporting that the AARTO Amendment Act has been declared unconstitutional and invalid.SA motorists can relax as the demerit system has basically been postponed indefinitely.

You can read theAdministrative Adjudication of Road Traffic Offences (Aarto) Bill here

Many South Africans (including Cars.co.za), were under the impression that AARTO would come into effect on 1 July 2021, but this isn’t the case. Earlier this year it was reported that the AARTO actmight be delayed due a forensic investigation into alleged maladministration at the Road Traffic Infringement Agency (RTIA) and its CEO and Registrar, Japh Chuwe, has, along with other senior managers, since been suspended.

It’s now been announced that the Department of Transport will adopt a phased approach to the implementation of AARTO but the Automobile Association (AA) believes that further delays could be on the cards.

“Transport Minister Fikile Mbalula announced a phased-in approach to the roll-out of AARTO but these phases can really only be implemented once the regulations are finalised and enacted. This process may delay the final implementation of the system scheduled for July 2022. Today’s communication, though, should have been made weeks ago as many people believed it was coming into force today. Despite this, we at least have a better roadmap going forward, but much of that relies on the finalisation of the regulations which must happen before any meaningful roll-out can occur,” said the AA.

AARTO roll-out phased announced

The 4 phases for the rollout of the AARTO act as announced by Fikile Mbalula are as follows:

Phase 1 – Present to 30 September 2021: 7 AARTO outlets established nationally and eNATIS will be enabled to collect AARTO payments. A motorist education campaign will also be implemented.

Phase 2 – 1 October 2021 to 31 December 2021: 67 local metropolitan authorities expected to ‘come online’ for AARTO processing. Adjudication process and Appeals Tribunal to start functioning. 18 additional AARTO outlets will be established.

Phase 3 – 1 January 2022 to 30 June 2022: 144 municipal areas to be added to the AARTO system.

Phase 4 – 1 July 2022: Introduction of the Points Demerit System as well as therehabilitation programme for repeat offenders which is regarded as the backbone of AARTO.

AARTO has been criticised for not wholly promoting road safety but is rather a mechanism to generate revenue and while the AA supports the introduction of a points demerit system, the body recognises that legislation alone is not enough to alter poor driving behaviour in South Africa.

“South Africa’s annual road fatality rates are among the highest in the world per capita and amount to a national crisis. Legislation such as AARTO can only assist in reducing these numbers if there is proper implementation and effective law enforcement that supports it. For us, more attention must be given to the root causes of poor road safety, rather than simply introducing a system without consideration of the capacity of traffic law enforcement and other state services to implement it. Doing this will also speed up the process of achieving better road safety in our country,” said the AA.

What is the Points Demerit System and how will it work?

The proposed points demeritsystem is very similar to what is already used in several European countries. Essentially,points are added onto motorists’ licences if they commit a road offence. Once the motorist has reached a certain number of points, the licence can be suspended and if the motorist continues to commit offences, the licence can be taken away or effectively cancelled.

The law for the points system was signed in September 1998 as part of the Administrative Adjudication of Road Traffic Offences (AARTO) Act 46 of 1998.

The amendments include theremoval of the courts from the AARTO process which is to be replaced by a dedicated Road Traffic Infringement Authority, which is to be largely funded by traffic fine revenue. Transgressors will be required to make written representations to the authority while the bill also makes provision for an Appeals Tribunal, allowing for motorists to challenge infringements within 30 days. If these options are not exercised within the required time frame, the issuing of a driver’s license or vehicle license disc will be blocked and demerit points imposed.

What this means is that if you do not pay your traffic fines, you may be blocked from renewing your driving and vehicle licences. Previously, documents had to be sent via registered mail, but this bill now means that documents can be served by email with reminders over WhatsApp and SMS. Frustratingly, the option for motorists to challenge the prosecution in court has been removed.

The Points Demerit System will work as follows:

– Each driver starts off with zero points.

– Points are allocated according to infringements or offences committed (there are different values for different infringements and offences)

– Points are incurred (allocated) on the date a penalty (fine) is paid or when the person is convicted of the offence (as the case may be)

– Operators receive points separately from their drivers (ie a transport company receives points allocated to the operator’s permit)

– When you have more than 12points, the licence (and/or operator card) is suspended with effect from 32 days after the maximum pointshave been reached. 3 suspensions will result in the cancellation of the license.

– The suspension period is calculated in months equal to the number of points exceeding 12, multiplied by three (or such number as may be prescribed by the Minister of Transport)

– The number of points (demerits) added will depend on the severity of the offence

– The driver/operator may apply for the return of the license on expiry of the suspension (disqualification) period

– A driver/operator who is disqualified for the third time will permanently lose the license/operator card and will have to reapply for testing and issue (as if a first time license/operator applicant) after expiry of the disqualification period.

– Demerit points will be reduced (for all persons/operators) at a flat rate of one point per every 3months (or as otherwise prescribed), except in the case where the evidence points to the fact that the process has been deliberately delayed to obtain a reduction in points.

How Many Points Can You Earn

These are just a few examples of infringement, the bill contains over 2 600 charges which drivers can be held to account. You can find a draft of the regulations here.

Will It Work?

The points system is not a bad one and it’ll quickly send a message to those flouting the law. The key issue, as ever, is enforcement and getting the visible policing out on the roads to catch the offenders.Do you think the points system will have any effect on stemming the carnage on South Africa’s roads?