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South African demerit system ‘a waste of time’?

Repeat offenders will have their licenses suspended or permanently cancelled.

2016 is said to be the year of the South African Demerit System.

The system was signed into law in 1998 as part of the Administrative Adjudication of Road Offences (AARTO) Act – Act 46 or 1998. The system could lead to repeat road offenders having their licences suspended or cancelled.

The system is based on similar systems in Australia and the United Kingdom. The system has been delayed for reasons including feasibility study and assessments to ensure the successful of implementation of the system.

How it works:

• A driver starts with zero points

• Points are allocated according to infringements or offences committed

• Points are incurred (allocated) on the date a penalty (fine) is paid or when the person is convicted of the offence (as the case may be)

• Operators receive points separately from their drivers (ie a transport company receives points allocated to the operators permit)

• When you reach 13 points and more, the licence (and / or operator card) is suspended with effect from 32 days after the maximum points (12) have been reached

• The suspension period is calculated in months equal to the number of points exceeding 12, multiplied by three (or such number as may be prescribed by the Minister of Transport)

• The number of points (demerits) added will depend on the severity of the offence

• The driver or operator may apply for the return of the licence on expiry of the suspension (disqualification) period

• A driver or operator who is disqualified for the third time will permanently loose the licence or operator card and will have to reapply for testing and issue (as if a first time licence or operator applicant) after expiry of the disqualification period

• Demerit points will be reduced (for all persons or operators) at a flat rate of one point per every three months (or as otherwise prescribed), except in the case where evidence points to the fact that the process has been deliberately delayed to obtain a reduction in points.

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