After numerous false starts, President Cyril Ramaphosa has set a date for the implementation of a points demerit system that can cost reckless and negligent drivers their drivers’ licences.
The Administrative Adjudication of Road Traffic Offences (Aarto) Act has been in operation in Johannesburg and Pretoria but will be further rolled out on December 1 to apply in 69 municipalities, and in the other 144 on April 1 2026.
The points demerit system — the core of the act — will be rolled out nationally on September 1 next year.
Previous attempts to roll out Aarto nationally were repeatedly postponed and stakeholders are still concerned the complex system may not run smoothly despite efforts to close gaps in the Aarto Amendment Act.
Under this system, demerit points are allocated to an offender and if they accumulate more than a specified number of points their driving licence is suspended.
If this happens repeatedly, the licence is cancelled and the driver must, after a prescribed period, redo their learner’s and full driving tests from scratch.
The regulations that determine how many points are allocated to which type of offence, and the general operation of Aarto, were previously published for public comment but have not yet been finalised.
According to advocate Stefanie Fick from the Organisation Undoing Tax Abuse (Outa), the regulations must also include transitional measures to guide issuing authorities such as municipalities.
Cornelia van Niekerk, owner of Fines4U, which handles traffic fines on behalf of 300 companies and 12,000 individuals, says she will be pleased if Aarto is finally implemented and there is a single national system in place.
However, she is sceptical about municipalities’ capacity to run such a complex administrative system. “Many municipalities still tell me they don’t know how it works,” she says.
According to Van Niekerk, many drivers in Johannesburg and Tshwane complain that infringement notices do not reach them. The Road Traffic Infringement Agency (RTIA), established to centrally administer Aarto, is no longer required to use registered mail and may now serve notices electronically, including via email.
Nonetheless, Van Niekerk says, she regularly hears from clients who receive an Aarto notice of a mail item but when they go to collect it at the post office the branch has closed, or if it is still open staff say don’t have the item.
This is problematic, as Aarto has tight deadlines before a fine escalates. Initially, there is a 50% discount available on the fine, but once the deadline lapses, the motorist is liable for the full amount.
Once the demerit points system is in effect, further escalation will lead to the accumulation of demerit points and a motorist could be at risk of having their driver’s licence suspended without even knowing they have numerous fines.
Van Niekerk warns that companies that currently simply pay fines without having them reissued to the actual driver, will need to change their practice. If not, the demerit points will accumulate against the company representative’s (proxy’s) name, and the company’s profile on the government’s eNatis vehicle registration system could be suspended.
This would mean they can no longer renew vehicle licences, register new vehicles, or remove a sold vehicle from their name.
Rob Handfield-Jones, MD of driving.co.za, says companies operating vehicle fleets without an operator card will have to be alert, as demerit points can also be allocated to vehicles.
“A pool vehicle with on average five or 10 drivers a day might rack up enough points in a single day that it has to be benched. Companies cannot resolve this issue by selling or scrapping the vehicle — the points just attach to the next vehicle they register.”
Handfield-Jones considers Aarto to be a massive money-making scheme, particularly criticising the R100 fee added to each infringement notice.
“The particular section is so carelessly drafted that no provision is made for cancellation of the levy when an infringement notice is cancelled, or if a motorist’s representation or court challenge to a violation is successful.
“Assuming that about 20-million infringement notices per annum will be issued, the IPL represents a windfall of R2bn a year for the RTIA for doing nothing more than prescribed by the Aarto Act.”
He also warns no provision is made to halt the Aarto process when a fine is challenged in court. This means motorists must also apply for an interdict to stop the RTIA from taking enforcement steps while the case is still on.
Handfield-Jones is sharply critical of how the Aarto Amendment Act was drafted. This also applies to the regulations previously published for public comment.
He says the government treated the comment period merely as a formality, rather than as an opportunity to hear stakeholders’ input and work toward a shared understanding.
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