Motorists are facing major changes to how traffic fines and road infringements are handled after the latest phase of the Administrative Adjudication of Road Traffic Offences (AARTO) system came into effect on July 1.

However, motorists should take note: this does not mean the long-awaited points demerit system has immediately been activated nationwide.

The latest rollout follows the publication of presidential proclamations and new AARTO regulations shortly before the July 1 implementation date.

According to the Road Traffic Infringement Authority (RTIA), Phase 2 is now being rolled out across 62 local and metropolitan municipalities, building on the AARTO system already implemented in Johannesburg and Tshwane.

The AARTO Act is intended to create a more uniform system for dealing with traffic infringements, discourage motorists from repeatedly breaking traffic laws and move the adjudication of many traffic infringements into an administrative process.

Here is everything you need to know.

Is AARTO now active across South Africa?

Not yet.

The July 1 rollout is Phase 2 of the national implementation process.

The RTIA said AARTO is now being rolled out across 62 local and metropolitan municipalities.

Johannesburg and Tshwane were already operating under the AARTO system, while the latest proclamations extended the system to dozens of additional municipalities.

Further rollout is planned for 2027, with nationwide implementation and the points demerit system expected as part of the next stages.

Here are the areas where it has been implemented:

• Gauteng: Merafong/Carletonville; Mogale City/Krugersdorp; Lesedi/Heidelberg; Rand West City; Midvaal/Meyerton; City of Ekurhuleni; Emfuleni/Vereeniging; City of Johannesburg; City of Tshwane/Pretoria.
• North West: City of Matlosana/Klerksdorp; JB Marks/Potchefstroom; Mahikeng; Ditsobotla/Lichtenburg; Rustenburg; Madibeng/Brits.
• Eastern Cape: King Sabata Dalindyebo/Mthatha; Enoch Mgijima/Queenstown; Buffalo City/East London; Nelson Mandela Bay/Gqeberha; Matatiele; Elundini/Maclear; Umzimvubu; Dr Beyers Naudé; Walter Sisulu.
• Free State: Matjhabeng/Welkom; Moqhaka/Kroonstad; Maluti-a-Phofung/QwaQwa and Harrismith; Mangaung/Bloemfontein; Dihlabeng; Mohokare; Metsimaholo.
• KwaZulu-Natal: Alfred Duma/Ladysmith; Newcastle; City of uMhlathuze/Richards Bay; eThekwini/Durban; KwaDukuza/Stanger; Msunduzi/Pietermaritzburg; Ulundi/Mahlabathini; Ray Nkonyeni/Port Shepstone; Jozini; Mtubatuba.
• Limpopo: Polokwane; Thulamela/Thohoyandou; Fetakgomo Tubatse/Burgersfort; Mogalakwena/Mokopane; Greater Tzaneen; Makhado; Greater Giyani; Elias Motsoaledi.
• Mpumalanga: City of Mbombela/Nelspruit; Steve Tshwete/Middelburg; Govan Mbeki/Bethal and Secunda; Emalahleni/Witbank; Thaba Chweu/Mashishing; Lekwa/Standerton; Thembisile Hani; Nkomazi/Malelane.
• Northern Cape: Dawid Kruiper/Upington; Ga-Segonyana/Kuruman; Sol Plaatje/Kimberley; Emthanjeni/De Aar; Nama Khoi/Springbok.

Are motorists already losing demerit points?

This is one of the biggest areas of confusion for motorists in South Africa.

The answer is no – according to SA News, the July 1 implementation does not mean motorists across the country immediately started accumulating demerit points.

It said the demerit points system forms part of the broader AARTO framework, but further national rollout, including the system, is planned for 2027.

Once operational, demerit points will be allocated according to the seriousness of an infringement.

According to the RTIA, infringements may carry up to 5 demerit points, while offences may carry up to 6 points following a court conviction.

How many points can you get before being disqualified from driving?

Under the AARTO framework, the threshold is 15 points.

A driver is disqualified from driving once the 15-point threshold is exceeded.

The suspension period is set to 3 months for each point above the threshold.

This means a motorist who reaches 16 points would face a three-month disqualification, while reaching 17 points would result in a six-month disqualification.

Again, motorists should note that the national demerit points system has not yet been fully activated as part of the July 1 Phase 2 rollout.

Can your points decrease?

Yes.

Once the demerit system is operational, one point will be deducted for every three-month period during which a motorist does not incur any further demerit points.

The AARTO framework also makes provision for rehabilitation programmes.

According to the RTIA, motorists who qualify and successfully complete an approved rehabilitation programme may have four points deducted.

An infringer may generally attend an approved rehabilitation programme once in a 12-month period.

How will traffic fines will be dealt with administratively?

One of the most significant changes under the amended AARTO system is the administrative process used to deal with infringements.

The RTIA describes AARTO as an administrative system designed to adjudicate road traffic infringements and enforce penalties outside the traditional criminal court process for infringements.

The amended framework repeals the automatic option for an alleged infringer to elect to be tried in court for an AARTO infringement.

Instead, motorists can make representations and, if unsuccessful, use the AARTO Appeals Tribunal process. A Tribunal decision can ultimately be challenged through a designated Magistrate’s Court.

Can you challenge an infringement?

Motorists do not simply have to accept an infringement if they believe it was issued incorrectly.

An alleged infringer can submit a representation to the RTIA.

If the representation is unsuccessful, the person can apply to the AARTO Appeals Tribunal for an appeal or review.

According to the RTIA, an application to the Tribunal must generally be made within 30 days of the representations officer’s decision.

The Tribunal may confirm, vary or set aside the decision being challenged.

A person affected by a Tribunal decision can approach a designated Magistrate’s Court to appeal or review the decision, subject to the applicable process and time limits.

Can traffic notices be served electronically?

The amended AARTO framework expands the methods by which documents can be served on motorists.

Previously, service largely relied on registered mail or personal service.

The amended system provides for electronic service.

The RTIA’s strategic documentation states that electronic platforms such as email may be used to serve documents, while SMS, Facebook and WhatsApp may be used to remind an infringer of documents that have been served.

The RTIA’s current FAQ states that registering an email address on the AARTO website does not automatically constitute consent to receive infringement notices by email, and that express consent is required for email service.

Can a sheriff take your furniture over traffic fines?

The amended system also removes certain enforcement provisions.

According to the RTIA’s strategic plan, provisions involving sheriffs and warrants of execution have been repealed.

The agency says this removes the threat of movable property being confiscated over outstanding AARTO penalties and means warrants of execution will no longer be issued under that process.

Parking and municipal road traffic fines can be included.

Is AARTO limited to speeding fines?

According to the RTIA, road traffic and transport-related municipal by-law contraventions may be included in Schedule 3 of the AARTO regulations and charge book.

This can include applicable parking-related infringements.

What happens if someone else was driving your car?

The AARTO regulations provide for the nomination of a driver or person who was in control of a vehicle.

This is particularly important for camera infringements where a notice may initially be linked to a vehicle owner.

The new regulations include a specific process and prescribed form for the nomination of the driver or person in control of the vehicle.

Motorists should therefore not simply ignore an infringement issued in connection with their vehicle if another person was driving.

Can employers check a driver’s demerit points?

Once the demerit points system is operational, drivers will be able to request their infringement history and demerit point status.

According to the RTIA, employers may also check the points history or status of their drivers, but only with the driver’s consent.

This could be particularly important for people whose jobs require them to drive.

How do you check your AARTO fines?

Motorists can check their infringement status through official AARTO channels.

The RTIA says motorists can use the AARTO website’s fine enquiry service, contact its call centre on 086 122 7861, use the AARTO mobile application or visit an AARTO service outlet.

Motorists should have their ID number or infringement notice number available when making an enquiry.

The biggest change from July 1 is the expansion of the AARTO administrative traffic infringement system to dozens of additional municipalities.

Motorists need to become familiar with a system that provides for administrative representations, an Appeals Tribunal and expanded methods of serving documents.

But despite widespread claims that South African drivers are already losing licence points, the national demerit points system has not simply been switched on for every motorist from July 1.

Further rollout, including nationwide implementation and the points demerit system, is planned for 2027.

For motorists, the message is simple: do not ignore traffic infringement notices, check that your contact details are up to date and understand the AARTO process and the options available to challenge an infringement.

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