Aarto demerit points system to be implemented by mid-2025 – Nada

The demerit points system for road traffic infringements through the Administrative Adjudication of Road Traffic Offences (Aarto) Act and the Aarto Amendment Act is set to be implemented by mid-2025.

This was disclosed by National Automobile Dealers Association (Nada) chair and regulatory and compliance expert Brandon Cohen on Wednesday during a presentation at the Nada Connect Cape Town roadshow.

Cohen said he received the information about the Aarto rollout timetable on Wednesday morning through “a closed email” from the “head chief advocate involved in doing this, the rollout and the laws”.

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This is believed to be a reference to the Department of Transport (DoT) chief director of road regulation, Advocate Johannes Makgatho.

Cohen said the Aarto timeline communicated is as follows:

• Phase 2: Metro issuing authorities to be onboarded by September 2024;
• Phase 3: 167 far-flung municipalities to be onboarded by December 2024; and
• Phase 4: Demerits to be implemented between April and mid-2025.

Moneyweb on Wednesday requested the DoT to confirm if this is the latest timetable for the rollout of Aarto but has not yet received a response.

Cohen indicated that Nada does not believe the rollout of Aarto will happen in line with this latest communicated timetable.

ALSO READ: Govt can still introduce demerit point system despite Aarto verdict, say AA and Outa

“The Administrative Adjudication of Road Traffic Offences Act of 1988.

“It’s been that long that they have been trying to bring in demerits – 26 years, and it’s still not working.

“Demerits were supposed to start on 1 September this year. That was then pulled back a bit because government was running way behind its rollout process.”

Onboarding municipalities

Stefanie Fick, executive director of the accountability division at the Organisation Undoing Tax Abuse (Outa), said all 245 municipalities and seven metros have to be on board before Aarto can be implemented nationwide.

Outa CEO Wayne Duvenage questioned where Cape Town stands on the rollout of Aarto because the city has already indicated that “this is a mess for them”.

“They don’t want to hand over their revenue collection to the RTIA [Road Traffic Infringement Agency], which takes half of it. They want to keep it for themselves. They are quite efficient and know what they are doing,” he said.

Duvenage added that the RTIA will be very successful in getting small municipalities in remote areas to come on board “because they are so useless at managing their collections”.

ALSO READ: AA wants Aarto traffic demerit system halted after axing of RTIA chief

He said once a motorist has gone through a town and received a fine, the municipality can issue arrest warrants, but they will never find the motorist because the addresses are not updated on the National Traffic Information System (Natis).

“It’s a mess, and it’s going to be very interesting.

“It’s very complex and cumbersome and administratively burdensome. They are going to struggle to get it to work,” he said.

Automobile Association (AA) spokesperson Layton Beard said the AA has always had concerns about the rollout of Aarto because of the human and operational resources needed to implement it properly.

“These have always been our concerns. I’m not sure where they [DoT] are with that,” he said.

The DoT initially planned to have Aarto fully implemented by July 2024.

Slight difference in rollout timetable

The first phase of implementing Aarto has already been completed. It included providing infrastructure to issuing authorities to improve connectivity to the Natis by all 213 issuing authorities, finalising the draft Aarto regulations, training traffic officers, and setting up Aarto service outlets countrywide.

The Aarto rollout timetable communicated to Nada differs slightly from what was previously communicated.

The second phase previously included the introduction of Aarto in 69 municipalities and, in the third phase, its introduction to the remaining 144 municipalities.

The demerit system and rehabilitation programme were scheduled to be implemented in the fourth phase.

Minister of Transport Sindisiwe Chikunga confirmed in May this year that the DoT was establishing the structures necessary to implement Aarto, including the appointment of the members of the Appeals Tribunal.

Chikunga said the tribunal must be in place before Aarto was implemented, and the DoT was finalising the tribunal members to enable the department to present them to the president, who makes the appointments.

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She added that the DoT was working hard to ensure the president received the names of the tribunal members before the 29 May general elections. This would enable him to approve these appointments and allow the DoT to move forward with Aarto’s rollout.

There has not been any public announcement about the appointment of the members of the tribunal.

Chikunga said the structure of the RTIA also had to be finalised before Aarto could be rolled out.

RTIA CEO Matsemela Moloi also said in May this year that the implementation of Aarto had been delayed by court cases, but that was resolved last year.

However, Moloi declined to indicate when the implementation of Aarto will commence, stressing that this is entirely dependent on the ministries “supporting various things” and the president signing the legislation into law.

Problems highlighted

Cohen on Wednesday highlighted some of the problems motorists and businesses will have with the demerit points system when it is implemented.

He said a motorist’s licence is suspended if they obtain 15 demerit points, and once their licence is suspended, they get one point back every month “if they are good”.

However, Cohen said a motorist’s licence will be deleted from the system if their licence is suspended three times.

Cohen said the motorist then had to start the process of obtaining a driving licence again by applying for a learner’s licence and successfully completing the test.

He further warned that when a motorist’s licence is suspended, the motorist is required to hand in their driving licence card at a Driving Licence Test Centre and “hope they don’t lose it when you have the points back and can fetch it”.

Cohen said a vehicle dealership or business now also had to start thinking about the practical implications of Aarto.

He said a firm’s human resources policies had to be updated to deal with staff members whose licences are suspended, stressing companies could not just claim the employer can no longer fulfil the basic conditions of their job and that they can, therefore, dismiss them.

Cohen said many jobs did not need a driving licence and companies had to have a policy in place in terms of labour law and their employees informed about the implications of their driving licence being suspended.

ALSO READ: Dissecting the incoming Aarto demerit system for drivers

He questioned if a motorist could get insurance if their licence is suspended and how anyone can check if a person’s driving licence is suspended.

Cohen said the Road Traffic Management Corporation (RTMC) and RTIA are saying they cannot give blanket access to the status of a person’s driving licence because of the Protection of Personal Information Act, and it is a person’s private information.

“Technically, it’s not; it’s legal information, so they are getting it wrong, and we are fighting with them,” he asked.

Cohen further questioned what happens if a person lies about their driving licence not being suspended, with banks also unable to check the status of their licence, and a vehicle dealership then releases a vehicle to an unlicensed driver.

“The National Traffic Act says you can’t do that, and you are liable for doing that,” he said.

This article was republished from Moneyweb. Read the original here