There has been significant discussion surrounding the national implementation of the Administrative Adjudication of Road Traffic Offences (AARTO) Act and the associated demerit points system, set to commence in July 2024. This article aims to clarify key points recently raised in the media.
When will it happen?
AARTO has been in a trial phase in Pretoria and Johannesburg since 2008. Initially, the AARTO Act was deemed unconstitutional by the High Court of Pretoria, but this decision was overturned by the Constitutional Court of South Africa on July 14, 2023. Following this, Minister of Transport Sindisiwe Chikunga announced that the system would be implemented in 69 municipalities by the end of 2023. However, as of May 28, 2024, this rollout has not yet occurred outside of Pretoria and Johannesburg.
While a full implementation of AARTO was rumoured for 1 February 2024 and more recently July 1, 2024, this target appears increasingly unlikely given the remaining prerequisites and the impending elections.
What Needs to Happen Before Demerit Points Can Be Implemented?
One of the benefits promoted for AARTO is that Magistrates Courts will handle criminal charges, while fine disputes will be managed by the newly established AARTO Appeals Tribunal courts, reducing the caseload on Magistrates’ courts. However, these tribunals have yet to be implemented. Minister Chikunga recently announced that her department is still establishing the necessary structures, including appointing members of the tribunal, which she hopes to present to President Cyril Ramaphosa for approval before the general election on May 29, 2024.
Without the infrastructure to contest fines, implementing the demerit points system would be problematic, as individuals would lack the means to challenge the validity of infringements, which is a basic constitutional right. This is crucial since under AARTO, the onus is on the alleged offender to prove their innocence.
Previous Implementation Phases
In prior years, a four-phased implementation plan for AARTO was outlined:
- First Phase: Establish seven AARTO service outlets nationwide, enable eNatis to collect AARTO payments, and launch communication campaigns to educate motorists.
- Second Phase: Bring 69 local metropolitan authorities online for AARTO processing, start the adjudication process, Appeals Tribunal and establish 18 more AARTO service outlets.
- Third Phase: Integrate 144 municipal areas into the AARTO system.
- Fourth Phase: Implement the Points Demerits System and a rehabilitation program for habitual offenders.
Newer sources indicate that AARTO will now be implemented in a two-phased approach in municipalities. The first phase, called Phase A, will cover larger metropolitan areas, while Phase B will encompass the remaining smaller authorities.
To date, some awareness campaigns have been launched. However, significant steps remain before full implementation, particularly the appointment of Appeals Tribunal members the establishment of its infrastructure, and the finalisation of ‘certain issues’ which will be included in the Proclamation of the AARTO Amendment Act.
What can we expect?
Currently, little new information is available, with much of the discourse focusing on the importance of addressing outstanding fines and the potential risk of losing licenses due to accruing more than 15 points. The AARTO Act and its amendments are not yet fully complete, and many questions remain about how the system will impact individuals and businesses.
The Road Traffic Infringement Authority (RTIA) has been tasked with administering infringements under AARTO. The process involves issuing an infringement notice, followed by a courtesy letter, and finally an enforcement order. However, RTIA has struggled to adhere to the timelines stipulated by the Act.
At Trafico, our legal expertise has enabled us to successfully rescind or withdraw approximately 98% of AARTO infringements issued to our clients in Pretoria and Johannesburg.
As of May 28, 2024, it appears unlikely that the AARTO Act will be rolled out nationally on July 1, 2024, due to the many outstanding prerequisites. The demerit points system will only be implemented in the final phase of the rollout. We urge the public to verify information from news and radio sources.
Should the demerit points system be prematurely implemented, Trafico is confident in our ability to continue successfully withdrawing infringements through legal channels. When AARTO is fully implemented with all necessary structures in place, Trafico will support its clients, leveraging its approval of integration with the online AARTO system to protect their interests as we have for the past decade.
