Road traffic demerit system coming this year

The long delayed road traffic points demerit system will be implemented sometime this year.

The Administrative Adjudication of Road Traffic Offences (AARTO) system will be managed by the Road Traffic Infringement Agency (RTIA).

In the mid-1990s government embarked on a number of policy discussions, one of which was the National Transport Policy Study (NTPS). Arising from the resultant policy, a number of new road traffic laws were enacted, including the Administrative Adjudication of Road Traffic Offences (AARTO) Act, No 46, 1998. This Act provides for the implementation of a points demerit system for road traffic offences.

“The date for the national roll-out is not yet proclaimed by the President of South Africa,” said RTIA’s Mthunzikazi Mbungwana. “This will happen after the Amendment Bill has been approved by Parliament. This year is targeted to implement the AARTO Act and points demerit system.

The state of readiness processes are done in conjunction with education and awareness programmes to ensure that all stakeholders are informed of their rights and responsibilities as stipulated in the Act.”

Based on the systems used in Australia and the United Kingdom, it had to be adapted for South African conditions.

Implementation has been delayed for many years for a number of reasons, including investigations into the feasibility of introducing the system and resources needed, both technological and human.

“The agency had to make sure that proper consultation and state of readiness surveys are conducted with all the roleplayers, which includes issuing authorities, driver’s learners testing centres and operators, business, motorists and all road users to ensure they are adequately trained and their IT systems are in place. This is an ongoing process, to interact with stakeholders on regular basis such as court officials, South African Police Services and prosecution trained on the new legislation, and systems are continuously upgraded.”

Severe penalties are provided for in the Act, including the suspension or cancellation of a driver’s licence for repeat offences or serious contraventions.

“The basic principles for points demerit systems are the same on an international basis in countries where these have been implemented, including the USA, UK, Europe and Australia. The system in South Africa is based on a combination of best practices that were investigated and analysed by a dedicated team during the late 1990s when the draft AARTO Bill was prepared,” said Mthunzikazi.

At implementation every driver will have zero points, irrespective of the number of classes of licences he or she has. Thereafter:

• Points will be incurred for traffic violations committed (both infringements and offences) and the number of points per infringement depends on the severity of the infringement.
• Points will be accrued on the date a fine is paid or when the driver is convicted of the offence and where the enforcement order is issued.
• Transport operators will receive demerit points separately from their drivers. In other words the points will be allocated to operators’ permits.
• A maximum of 12 demerit points apply, after which the driver’s licence or operator’s card will be suspended. The points do not have a period of prescription nor do they expire. They can only be decrease through good behaviour over a period of time, for example, every three months of not committing any infringement or offence, one point will be removed.
• The period of the suspension will be equal to the number of demerit points. Each point equals three months.
• The driver or operator will collect his or her licence from the nearest driving licence testing centre upon the expiry of suspension.
• Should a driver’s licence or operator’s card be suspended for a third time, the licence or card will be cancelled. The driver or operator concerned will have to apply for a new licence or card at the end of the suspension period and they will have to apply for a learner’s licence. This will be administered as if it was a new or first time application.
• The number of demerit points on record will be reduced by one point every three months, or as the minister may otherwise prescribe.