Three strikes and you’re out, beware of the demerit system

Thirteen demerit points, that’s all it will take for your driver’s licence to be suspended.

President Cyril Ramaphosa has signed the Administrative Adjudication of Road Traffic Offences Act (AARTO Bill) and exactly how the AARTO system will work has become clear.

Most importantly, licensed drivers should note that should their driver’s licence be suspended three times, it will be cancelled.

The system works on points which are added to the licence of traffic offenders and, each driver starts with zero points.

However, when an offence is committed, demerit points are added – these count up to a total of 12 points and, once more than 12 have accumulated the licence of that driver will be suspended for a period of three months.

Do take note, an additional three months will be added for every point over the limit. In other words, if you have accumulated a total of 16 demerit points, your licence will be suspended for a period of one year.

Demerit points are recorded when a driver settles fees and/or penalties, when a driver applies to pay in installments, when a driver is found guilty of an offence in court or, when an enforcement order has been issued against them.

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A demerit point against a driver will only be deducted for every three months in which a driver has not incurred an additional demerit point.

It should further be noted that fines will still be imposed for any infraction and, that under the Bill, drivers reserve the right to appeal or have demerits points recorded against them reviewed.

Motorists who have had their licences cancelled as a result of three suspensions, will have to reapply for a learner’s licence and redo their driver’s licence test.

Note that this will only be possible once your suspension period lapses. Previously, notices of infringements could only be delivered via registered mail. Now however, transgressors may be served with documents via SMS and email. Points also vary per offence.

Drivers under the influence face a penalty of six points and driving without a licence will result in four points being accumulated. Light vehicle users caught skipping a stop street will incur a fine of R500 and also have a point placed against them. For buses, taxis and trucks, two points will be allocated and a fine of R750 will be added.

Driving while holding and using a cell phone gets you a R500 fine as well as a single point. Below are further details regarding the demerit system.

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