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Impact of AARTO Demerit Points on Companies and Individuals

We stand at the precipice of a transformative era in road regulation, driven by the Constitutional Court’s recent decision to overturn the previous High Court ruling that declared the Administrative Adjudication of Road Traffic Offences (AARTO) Act as unconstitutional. This significant reversal, finalized on July 14, 2023, carries far-reaching implications for traffic management and safety. As your trusted partner in navigating the complexities of traffic compliance, we unpack this development and its reverberations for both individuals and businesses.

 

Demystifying the Demerit Points System

At the heart of the AARTO Act lies the demerit points system, a mechanism to foster responsible driving behaviour and enhance road safety. Here’s a concise breakdown of its functioning:

  • Driving licenses or operator cards start with zero demerit points.
  • Various traffic infringements carry different demerit point values.
  • Demerit points are applied upon the payment of fines, when application for payment in instalments are recorded, issuance of enforcement orders, or conviction for criminal offenses.
  • These points accumulate on different documents such as, driving licenses and operator cards.
  • Demerit points will be deducted at a rate of one point for every three months on the proviso that no additional points have been incurred over this period.

 

Impact on Drivers: Striking a Balance

For individuals, the implications are significant:

  • Fully licensed drivers can accumulate up to 15 demerit points before facing license suspension.
  • Exceeding 15 points results in a three-month suspension for each point over the threshold.
  • Driving during suspension is a criminal offense, and lending your vehicle to a suspended driver can lead to a fine of up to R3,500.

 

Impact on Businesses and Entities

Businesses and juristic entities will need to:

  • Verify current point status when hiring new drivers.
  • Maintain precise driving records for driver nominations.
  • Nominate drivers for owned vehicles as points accumulate against the vehicle’s operator card.
  • Be aware that operator cards can accrue up to 15 demerit points before suspension.

 

AARTO: A Step Towards Safer Roads

While the AARTO Act promises progress, challenges persist:

  • Historical background: The AARTO Act was born in September 1998, drawing inspiration from international models like Australia and the UK. Adapted for South Africa, its journey was marked by feasibility studies, technological assessments, and resource analysis.
  • Objectives and Benefits: The AARTO Act aims to discourage contraventions, facilitate infringements’ adjudication, and enforce road traffic laws via the demerit points system. Beyond these, it seeks to streamline court processes, empower drivers and officers with instant offense verification, and enhance road safety by addressing reckless driving.

 

Trafico’s Commitment: Guiding Your Compliance Journey

At Trafico, we recognize the challenges that this new landscape presents. To support your compliance efforts, we go beyond mere guidance. Our team performs validity checks on all fines to ensure that no driver accrues points where fines were not issued lawfully. This becomes particularly essential for businesses, where the seamless operation of their fleet’s hinges on accurate compliance. As we traverse these uncharted waters, trust Trafico to safeguard your interests.

 

Rolling Out: The Road Ahead

The national implementation of the AARTO demerit points system is slated for 1 July 2024. Minister of Transport, Sindisiwe Chikunga, recently announced that 43 service outlets have already been established, and the act will roll out in 69 municipalities by 31 December 2023. However, the implementation of the Tribunal Courts, which allow alleged offenders to contest traffic infringements, remains pending. This step is crucial before the AARTO Amendment Act can be fully enforced.

 

In Conclusion: Navigating Change with Confidence

As we navigate this evolving landscape, rest assured that Trafico stands with you. The Constitutional Court’s decision marks a monumental stride toward road safety. However, as with any transformation, there are areas to address. Trafico is here to equip you with insights and tools to navigate these changes effectively. Feel free to contact us, should you have any queries.

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Heinrich Sales & Marketing Consultant