Aarto Act will save lives

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.

However, 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.

Intended to safeguard motorists and eradicate negligent and reckless driving from our roads, the Act aims to reduce the burden on the 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 Joburg and Tshwane, the roll-out of the demerit system was set to commence in collaboration with local municipalities and traffic agencies from July.

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.

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 has contributed to unacceptably high road fatality statistics.

With about 12 000 people killed every 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 its implementation.

By drawing on this example and applying the framework, we can 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 licenses, 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.

Additionally, while under suspension, reckless drivers will not be allowed on the roads, making it safer for others.

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 will then receive points for every transgression according to its severity.

Once a driver reaches 15 demerit points or exceeds this number, their driving 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 new one after the suspension period is over.

Demerit points will be forgiven only if you avoid infringing on any traffic laws again during a set timeframe but repeat offenders will eventually be unable to apply for a driving licence again.

The Act was initially met with some public criticism, especially concerns over the administrative burden that it represents.

Motorists and other parties have also voiced concerns about corruption in the new system and warned it will focus on revenue generation rather than changing behaviour of drivers.

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.

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 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.

Cebekhulu-Makhaza is the president of the Police and Prisons Civil Rights Union.