Aarto traffic law, points demerit system rollout delayed yet again

Reports that the Administrative Adjudication of Road Traffic Offences (Aarto) Act is being rolled out nationally are false — the driving licence demerit system is not yet in place.

This is according to the Road Traffic Infringement Agency (RTIA) which said there had been recent fake news and misinformation surrounding Aarto, the government’s plan to replace the existing criminal system with an administrative one. With Aarto, drivers will lose points for offences and face suspension or cancellation of their licences if they lose too many, in addition to any fine.

The controversial act, originally passed into law in 1998, has been hit by numerous delays. It was to have commenced in February 2024 but was deferred to a future date which has not been gazetted.

The points demerit system is not operational yet anywhere in the country, including in Johannesburg and Tshwane where Aarto has been piloted for more than a decade, said RTIA spokesperson Monde Mkalipi.

“The points demerit system and rehabilitation programme of traffic infringers are part of phase 3 of the Aarto rollout. Dates for the introduction of the points demerit system are likely to be included in the presidential proclamation which requires to be signed by the president with the date for the commencement of phase 2 and phase 3 of the Aarto national rollout,” he said.

“The original timelines of the phased rollout of Aarto that were published on the introduction of the points demerit system are no longer applicable. Some of the dates were affected when Aarto was once declared unconstitutional by the Gauteng High Court at the beginning of 2022. The department of transport and RTIA are working on a draft proclamation of the Aarto Amendment Act.”

Issues that remain unresolved include appointing a tribunal to manage Aarto appeals, but Mkalipi said the selection process is at an advanced stage. He said other processes under way across the country include:

• the creation of Aarto service outlets;
• education and community awareness;
• training of the more than 25,000 traffic officers; and
• preparations to implement the points demerit system and the Aarto rehabilitation programme as part of phase 3.

In July 2023 the Constitutional Court ruled in favour of the government’s plan to introduce a demerit system for traffic offenders, overturning an earlier high court ruling that had declared Aarto unconstitutional and invalid.

The challenge was brought by the Organisation Undoing Tax Abuse (Outa). Outa is an outspoken critic of Aarto, saying the new system will not improve road safety but rather would impose undue burden on motorists, especially those who rely on driving for their livelihoods.

The government maintains Aarto will be a vital tool in strengthening laws for road traffic compliance and making the roads safer.