It’s been more than a decade since the Aarto Bill (Administrative Adjudication of Road Traffic Offences Bill) was first publicly discussed. The Aarto Bill has now been signed into law by President Cyril Ramaphosa.
However, what most South African motorist are wondering is how does this Bill work and how will it affect them?
Aarto’s mission is to make South African roads safer by removing the usual traffic offenders from the streets. Nevertheless, will this work or will it turn out to be like the controversial E-tolls system?
How will the new demerit system work for South African motorists?1
- Each motorist will start with zero points.
- Various points between 1-6 will be allocated according to the motorists’ traffic offences and the severity of them.
- These demerits will be given to both the driver and car according to the traffic offence when paid or convicted in court.
- When a motorist has reached the 12 point limit, their driver’s licence will be suspended for the period that has been calculated in months. This is equal to the points exceeding 12, multiplied by three. The minister of transport can prescribe a specific number.
- A motorist may only apply for the return of their licence once the suspended period is over.
- A motorist will lose their licence and will have to redo their learners and drivers licence again if a motorist has a suspended licence for the third time.
- When motorists fail to pay their fines, they could face being blocked from obtaining their driving and vehicle licences.
- With the Aarto Bill, there is no need to deliver traffic infringements via registered mail, but can be sent via email, WhatsApp and SMS.
- These demerit points can be reduced by one point every three months.
What does the Traffic Demerit System hope to achieve? 1
- Aarto hopes to discourage road traffic offences and improve on traffic quality by introducing the demerit system.
- To help facilitate the adjudication of road traffic infringements.
- To support the prosecution of offences in the correct terms of the national and provincial laws regarding road traffic laws.
- It will implement a points demerit system.
What can motorists do to challenge their demerits? 1
Motorists will be able to dispute their demerit points by making a representation to the Road Traffic Infringement Agency. If this proves to be unsuccessful, you can appeal by submitting to a Special Appeals Tribunal.
Motorists won’t be able to appear or fight in court in hopes of challenging prosecutions, which are no longer possible because of the new law.
Could the demerit system affect my car insurance? 2
Even though the demerit system might have good intentions, it may impact the insurance industry.
There could be numerous implications for the insurance industry if the demerit system is implemented. Some motorists’ insurance premiums and excess amounts may increase if their licences were possibly suspended due to the demerit system.
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Disclaimer:
This article was prepared by Eric Sandmann in his personal capacity. The views and opinions in the article should not be attributed to anyone but the author unless expressly stated. Nothing in this article should be relied upon as advice, this publication is presented for informational purposes only. No person should act or refrain from acting in reliance on any information found in this article, without first obtaining proper financial advice from the appropriate professional. The author makes no claims, promises or guarantees about the accuracy, or completeness, of any information linked from, referred to, or contained in this article. The author reserves the right, to edit and change the content of this article.
Sources:
RTIA Calls Upon Road Users to Contribute to draft AARTO Regulations https://t.co/QwEX7VNjrv #ArriveAlive @rtia_aarto pic.twitter.com/OcCRznmqIa
— Arrive Alive (@_ArriveAlive) October 15, 2019
Road Traffic Update – AARTO Regulation Amendments https://t.co/BdIvaKnvC6 #ArriveAlive #AARTO
— Arrive Alive (@_ArriveAlive) October 13, 2019