ZIZAMELE CEBEKHULU-MAKHAZA | Aarto demerit system a critical step towards safer roads

South Africa is infamous for traffic infringements, reports of corruption among traffic officials, and high accident rates. As a result, road fatalities remain a significant cause of death in the country. But even as motorists continue to break the law and place the safety of those around them at risk, initiatives seeking to change driver behaviour have been largely unsuccessful.

In 1998, the Administrative Adjudication of Road Traffic Offences (Aarto) Act was introduced with a points-demerit system to enforce traffic rules and prevent drivers from disregarding traffic regulations. Intended to safeguard motorists and eradicate negligent and reckless driving from our roads, the act aimed to reduce the burden on South African courts by moving driving infringements from the Criminal Procedure Act to an administrative issue managed by the Road Traffic Infringement Agency (RTIA).

After 25 years of implementation and pilot projects in Johannesburg and Tshwane, the rollout of the demerit system is now set to commence nationally in collaboration with local municipalities and traffic agencies. This decision was made after the Constitutional Court ruled in favour of the validity of the system.

And despite some trepidation from the public, the system has the potential to enhance road safety, significantly decrease road fatalities and save lives.

Why the act is important

Our system is fraught with bribery and illegal practices. Motorists do not adhere to traffic laws, placing immense pressure on the traffic system, and causing collisions and a high mortality rate. This combination of unsafe roads and unskilled drivers have contributed to unacceptably high road fatality statistics. With a death rate of some 12,000 people per year, it is apparent that current road safety initiatives are not successful.

The demerit system has proven successful in countries such as Australia, whose road deaths have decreased substantially since implementing the system. By drawing on this example and applying the framework to South Africa, we can finally combat bad driving practices and change driver attitudes for the better. The act places the responsibility on drivers to comply with traffic laws, as failure to do so could result in them losing their driver’s licences or receiving heavy fines.

More severe consequences, such as licence suspension and possible cancellation, will make drivers more careful and make it easier for our traffic officers to enforce the law. This will help to create a new culture of voluntary compliance with traffic laws among drivers. Additionally, while under suspension, reckless drivers will not be allowed on the roads, making it safer for others.

It is important to note that driving with a suspended or cancelled licence is a criminal offence and transgressors will be prosecuted.

How it will work

The points demerit system will operate in a similar manner to the frameworks applied in Australia and New Zealand. Motorists will begin with zero demerit points and then receive points for every transgression according to its severity. Once a driver reaches or exceeds 15 demerit points, your driver’s licence card, operator card, vehicle licence disc, or operating permit will be suspended for three months. Driving with a suspended licence is a criminal offence, and drivers will be subject to fines or imprisonment while receiving an additional six demerit points.

If your licence is cancelled, you will need to begin the process of obtaining a driver’s licence again after the suspension period is over. Demerit points will be forgiven only if you avoid infringing on any traffic laws again during a set time frame. But repeat offenders will eventually be unable to apply for a driver’s licence again.

Getting tough on crime

The act was initially met with some public criticism, especially regarding concerns over the administrative burden that the system represents. Motorists and other parties have also voiced concerns about corruption in the new system and warned that the system will focus on revenue generation rather than changing behaviours.

But the reality is that we need to make roads safer and implement traffic rules more strictly. Previous attempts at addressing the issue through education and awareness campaigns have not been successful, and drastic changes are now needed to improve road safety and curtail road deaths.

The demerit points system will complement traditional traffic enforcement as a remedial process that encourages motorists to become more law-abiding. But traffic officials will still play a crucial role in implementing this system and ensuring its efficiency.

The scale of implementation will be immense as the system rolls out across the country, and traffic officials will need to manage this process to ensure a smooth transition. This will mean a possible increase in workload and may require the appointment of additional traffic officials to ensure that the system is comprehensively enforced.

We need to remain vigilant to make our roads safer and make drivers accountable for their actions, and the demerit system represents an important weapon in this fight. The points demerit system is a new dawn for drivers and traffic officials, and while we are in a transition period, we all need to work together to better protect our roads and those who travel it.

* Zizamele Cebekhulu-Makhaza is president of the Police and Prisons Civil Rights Union (Popcru)