It has been more than a decade since the AARTO bill (Administrative Adjudication of Road Traffic Offences Bill) was first introduced to the South African public. Now that the AARTO Bill has been signed into law by President Cyril Ramaphosa, what happens now and how does it work?1
Will the AARTO Bill help make South African roads safer and stop regular road offenders? Or could it end up like the controversial E-tolls system?
How will the new demerit system affect South African motorists?2,3
- Every motorist will start with zero points.
- Points between 1-6 will be allocated for various traffic offences committed. 1 point is allocated for a small offence and 6 being a major offence.
- These demerit points will be given to both the driver and car implicated in the traffic offence.
- Each motorist gets a limit of 12 points. When this limit is reached the motorist drivers licence will be suspended for a calculated number of months. The minister of transport can prescribe a specific number.
- Once the suspended period is over the motorist can apply for the return of their licence
- If the motorist’s licence gets suspended more than three times, the motorist will have to redo their learners and drivers licence.
- If motorists fail to pay their fines, they will be blocked from being able to obtain their drivers and car licence.
- Traffic infringements will now be sent via email, WhatsApp and SMS and no longer through registered mail.
- Every three months, one point can be reduced if there are no other offences committed during that time.
What does the Government hope to achieve with the Traffic Demerit System?2,3
- AARTO hopes to minimise road traffic offences and to improve the overall road traffic quality.
- To help adjudicate road traffic infringements.
- To help the national and provincial law being appropriately served, by prosecuting accordingly to each offence.
- AARTO will implement a demerit points system.
How could motorists potentially challenge the demerit system?2,3
Motorists will be able to challenge their demerit points by addressing the Road Traffic Infringement Agency. If this is unsuccessful, the motorist can appeal by submitting to the Special Appeals Tribunal.
With the new law, motorists won’t be able to appear or fight in court to challenge their prosecutions.
Will the new demerit system affect my car insurance?2,3
The new demerit system may have excellent intentions for road safety, but it could have a negative impact on the insurance industry.
There could be several negative implications for the insurance industry if the demerit system is eventually implemented into the road traffic system. If a motorist falls into a situation where their licence is suspended due to reaching their demerit limit, their insurance premiums and excess could possibly go up. Please confirm this with your insurer before you worry about this. This could possibly even cause motorists to cancel their insurance policies. This then, in turn, has a negative outlook for the insurance industry.
When the government eventually starts with the demerit system, let’s hope it’s more successful than the controversial E-toll system.
Car insurance could be considered as another essential aspect to help motorists regarding travelling on SA’s roads. Perhaps consider getting affordable car insurance with PMD?
This article was prepared by Eric Sandmann in his personal capacity. The views and opinions expressed in this article are the author’s own. 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:
1 https://www.transport.gov.za/aarto-is-now-law