Aarto explained: Fines, demerit points and what it means for South African drivers

With SA road fatalities running at more than 32 per day and serious injuries, many life-changing, estimated at more than 100 000 annually, we should all welcome any measures introduced to curb this terrible toll. The Administrative Adjudication of Road Traffic Offences, commonly referred to as Aarto, has been introduced with the stated intention of reducing road accidents and the resulting fatalities and injuries by modifying driver behaviour and encouraging compliance with traffic laws. With an estimated 87% of accidents attributed to human behaviour, the adoption of a demerit system similar to those in other countries should improve driver behaviour and encourage compliance.

However, the legislation also introduces significant changes to the current administration and adjudication of offences. Some changes were challenged by the Organisation Undoing Tax Abuse on the basis that they were unconstitutional, but an initial ruling in their favour by the Gauteng High Court was subsequently overturned by the Constitutional Court.

The new administrative system

Under the current system, violations are regarded as criminal offences. They are prosecuted under the Criminal Procedure Act 51 of 1977 (CPA), whether they involve fines for less serious offences or court appearances for more serious ones. Notices must be served by registered mail, and offenders are presumed innocent until proven guilty by a court.

Aarto categorises road traffic violations as either ‘infringements’ or ‘offences’. Most violations will be regarded as infringements and will no longer be prosecuted under the CPA. Instead, they will be subjected to ‘administrative processes’. More serious violations will continue to be regarded as offences and prosecuted in criminal courts under the CPA.

Key steps in the administrative process:

• Infringement notice: Must be served within 60 days of the violation. Once served, the infringer has 32 days to pay the fine at a 50% discount. Unlike the previous CPA requirement that notices not served in person may only be sent by registered mail, infringement notices may now be served electronically – typically via SMS, email or WhatsApp. When served in person, a signature confirms receipt; when served electronically, a system-generated delivery report or certification of delivery serves as proof.
• Courtesy letter: If the first 32-day deadline is missed, a courtesy letter is issued. The 50% discount falls away and an administrative penalty is added; the full amount must be paid within 32 days.
• Enforcement notice: If the second deadline is missed, a further administrative penalty is imposed, and demerit points are applied. Once the enforcement notice is in effect, motorists are blocked from NaTIS transactions, including vehicle licence disc, driving licence and professional driving permit renewals.

A key difference from the CPA process is that the motorist is not presumed innocent, as they are not an ‘accused person’ but a ‘participant’ in this administrative process. They may either pay the penalty or submit a written representation explaining why they should not be held liable. The submission must be made on a specific Aarto form and clearly outline their defence and any mitigating circumstances. If unsuccessful, the motorist may appeal to the Aarto Tribunal, and if still dissatisfied, approach the Magistrate’s Court within seven days to appeal or review the Tribunal’s decision.

Identifying the driver

At a traffic stop, the infringement notice is served on the driver, however, with many infringements captured on camera, these are served electronically or by registered mail to the vehicle’s registered owner. If the owner was not the driver, the fine will be redirected to the driver, provided the owner submits the required Aarto driver nomination form and a copy of the driver’s licence within 32 days of receiving the infringement notice.

If the owner or proxy fails to nominate the driver within this period, the fine and any applicable demerits apply to the owner. For company-owned vehicles, demerits apply to the vehicle licence disc and for operator vehicles, to the operator card. Vehicle owners must therefore maintain accurate records of who is driving their vehicles and ensure copies of drivers’ licences are held.

The demerit system

While the new administration system will improve revenue collection from traffic fines, the demerit system has greater potential to change repeat offenders’ driving habits. From September 1, 2026, all drivers will start with 0 demerit points and incur points for violations according to the demerit system. Points accumulate with each violation but are reduced by one point every three months. Aarto regulations list more than 2 600 violations, with points linked to severity. Examples include two points for failing to stop at a stop street line and six points for driving without a licence.

When the 15-point threshold is exceeded, a driver’s licence is suspended for three months per point over the threshold. For example, a driver with 14 demerit points receiving three more (total 17) will have their licence suspended for six months. A third suspension leads to licence cancellation, requiring the driver to apply for a learner licence and pass the full driving test before driving again.

For company-owned vehicles, the owner must monitor drivers’ demerit status and ensure they do not drive while suspended. Non-compliance may attract fines, affect insurance and have HR implications if the employee cannot perform their role.

The Aarto process will improve fine collection and provides serious consequences for repeat offenders. However, its success will ultimately depend on policing, especially for moving offences. Without stricter enforcement of life-threatening behaviour such as skipping red lights and illegal overtaking, it is unlikely to significantly reduce road deaths.

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