New road rules – what you need to know

Transport Minister Fikile Mbalula has gazetted new information around SA’s administrative adjudication of road traffic offences (Aarto) regulations and the introduction of the country’s driving demerit system.

The 540-page directive states that the new Aarto Act is due for national roll-out on 1 July next year.

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Following this, the allocation of demerit points will be introduced in three phases to gradually ease motorists into the
implications of the demerit point system.

This will avoid a situation where many vehicles are suspended, and numerous drivers are disqualified shortly after
implementation of the system, the Department of Transport said.

It said that the regulations will have a ‘huge impact on the economy’ as well as the social well-being of road users.

At the same time, it is necessary to change the behaviour of drivers and create a safer road environment.

The phased approach seeks to create this balance, the department said.

Three phases
Phase one will allow for demerit points for speeding, dangerous overtaking, and other hazardous driving behaviour such as failing to stop at traffic lights and stop signs, other road sign infringements, as well as roadworthy offences and infringements for faulty brakes, lamps, and so on. It will also include offences and infringements for failing to drive with a valid driving licence or professional
driving permit and failure to have a roadworthy certificate for a vehicle.

Phase two will be introduced once the effect of the allocation of demerit points have been evaluated by the Road Traffic Infringement Agency (RTIA).

Demerit points will be allocated to offences and infringements of economic significance and include the protection of roads and bridges through overload control, cross-border road transport permits and operating licences in terms of the national land transport legislation.

Vehicles that do not comply with the requirements for maximum dimensions and projections will also be allocated demerit points in phase two.

Failure to pay licence fees will also be added to the list of offences and infringements that carry demerit points.

Phase three will add offences and infringements relevant to the failure to update addresses and other relevant information of owners, operators, drivers, cross-border road transport permit holders and operating licence holders.

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All offences and infringements prosecuted by means of cameras and parking-related offences and infringements will carry demerit points for the vehicle of the corporate owner, where such owner fails to nominate the driver in terms of section 17(5) and regulation 5 of the Aarto Act and regulations.

This will encourage the owners of corporate vehicles to nominate the drivers who commit offences and infringements instead of paying the notices in the corporate body’s name and failing to identify the driver who committed the offence or infringement, the department said.

‘Driving without a licence and operating a motor vehicle without it being registered and licenced are classified as offences.

‘These documents are extremely important, and in terms of section 25 of the Aarto Act are suspended when the maximum of 15 demerit points is exceeded.’

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