Here’s how Aarto’s demerit system could affect company fleets and their drivers

Employees have been advised to refuse to drive an unroadworthy company vehicle as they will risk not only losing their driver’s licences, but potentially their jobs as well.

The warning comes as the Administrative Adjudication of Road Traffic Offences (Aarto) system’s demerit-points phase takes effect on 1 September.

Under the system, traffic infringements committed while driving a company vehicle can result in demerit points being recorded against the driver’s licence.

Drivers accumulate points for traffic infringements, with a driver who reaches 15 points facing a three-month driving suspension.

The system also provides for points to fall away over time if a driver avoids further infringements, but three suspensions can ultimately lead to the cancellation of the driver’s licence.

Concerns for employees

For employees whose jobs require them to hold a valid driver’s licence, the costs of accumulating demerit points could extend well beyond a traffic fine.

According to Sonja Carstens, spokesperson for the Motor Industry Staff Association (Misa), which represents about 80 000 staff in the retail motor industry, employees needed to take responsibility for protecting their licences.

She told the National Press Club in Pretoria yesterday, workers needed to understand that traffic compliance was increasingly becoming a workplace issue, rather than simply a matter between motorists and traffic authorities.

“The onus is on you to make sure that you do not lose points, that your driver’s licence remains in good standing and that you are able to drive,” Carstens said.

She said this warning was particularly significant for employees whose employment contracts specify that they must have a valid driver’s licence to perform their duties.

“If the conditions of your employment is that you must have a valid licence and you lose it, or get suspended for three months, your employer can hold a disciplinary hearing against you and you can be dismissed,” Carstens said.

One of the biggest risks, she said, arises when employees were instructed to drive unroadworthy company vehicles.

Carstens warned employees not to allow pressure from employers to override their responsibility to protect their driving licence.

“You can lose a point for a cracked windshield,” Carstens said. This, she said, makes an employee’s driving record increasingly important to their continued employment.

Knowing your status key

Carstens urged employees to regularly check their traffic fines and keep their employer informed about their demerit status.

She also advised employees to seek assistance, rather than face disputes with employers alone. “It is difficult to stand for rights alone,” she said.

Cornelia van Niekerk, owner of Fines4u, said companies must ensure their fleets are roadworthy and must know who is driving each vehicle.

Defects like an oil leak on a company vehicle could get the driver docked points and that the employee must refuse to drive such a vehicle, she said.

“You must refuse to drive because you, as a driver, are going to lose a point and get a fine, but the company will also get a fine and lose a point,” Van Niekerk said.

She, however, said while employees face personal consequences, companies cannot simply shift all responsibility onto their drivers.

Companies therefore need systems that establish who was driving a particular vehicle when an infringement occurred.

“All fines to the company must be nominated to the driver,” Van Niekerk said.

Carstens agreed that employers needed proper fleet-management systems to identify the driver who was fined.