Back inFebruary 2019, the South African Parliament’s Portfolio Committee on Transport accepted the final changes to the controversial Administrative Adjudication of Road Traffic Offences (Aarto) bill, which President Cyril Rhamaposa has nowfinally signed into law. Here’s all you need to know about the demerit system that will commence on 1 July 2021.

The proposed demerit points system 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.

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

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 main reason for the delay of the rollout of the system is mainly due to it being adapted for South African road users.

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 drivers 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.

How Will The Points Work?

– 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 cancelation 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? There is currently a countdown on the Aarto website to the live date of the demerit system. According the the Department of Transport, it will go into effect from 1 July 2021.

Further info was found in Michael Sun’s tweet, a Councillor at the City of Johannesburg

The AARTO will be implemented nationally from 1/07/2021.

Every driver starts with 0 demerit points. If 12 demerit points are accumulated the driving licence will be suspended for 3 months.

A driving licence may only be suspended twice after which it will be cancelled. pic.twitter.com/iZvCsKaeGV

— MMC Michael Sun (@MichaelSun168) June 6, 2021