The Department of Transportation just recently revealed the phased intro of the Administrative Adjudication of Roadway Traffic Offences (Aarto) guidelines, consisting of the intro of a points-based licence demerit system for traffic offenses.

The first stage introduced on 1 July 2021, with the facility of service outlets– nevertheless, the demerit system is just anticipated to come online in the 4th stage, beginning 1 July 2022.

While the demerit system and how it runs is well recorded, drivers need to understand modifications in how violation files are served, states Kirstie Haslam, partner at injury company DSC Attorneys.

” Currently, traffic infractions in South Africa are managed as criminal offenses. Fines are released and advanced in accordance with the Criminal Procedure Act, and offenses are prosecuted in court by the National Prosecuting Authority,” she stated.

The Aarto Amendment Act, which was passed in 2019, decriminalises most traffic infractions, and the changed procedure now includes 3 primary actions:

1. Issuing a violation notification

A chauffeur might be served with a violation notification on the area (roadside) or this notification might be provided after the reality to the signed up car owner.

The recipient then has 32 days to:

  • Pay a 50% affordable fine and sustain relevant demerit points;
  • Arrange to pay the complete fine in instalments and sustain appropriate demerit points;
  • Submit a composed representation to the Road Traffic Infringement Agency (RTIA) objecting to the supposed offense, or
  • Choose the chauffeur if this was another person.

2. Issuing a courtesy letter

If the recipient does not react within 32 days, a courtesy letter will be released.

The recipient then has a more 32 days to:

  • Pay the complete fine plus R200– including a so-called violation charge levy (IPL) of R100 plus a courtesy letter charge of R100– and sustain the suitable demerit points, or
  • Send a composed representation to the RTIA objecting to the fine.

3. Issuing an enforcement order

If the recipient does not react within a more 32 days, an enforcement order is provided.

The suitable demerit points are used and the recipient is obstructed from carrying out licensing deals on eNaTIS. This implies no driving licence, expert driving license or lorry licence disc might be released.

To abide by the order, the recipient will require to pay the complete fine plus R300– R100 each for the IPL, courtesy letter and enforcement order.

The supposed infringer has a last 32 days after the enforcement order is served to use to the RTIA for the order to be withdrawed.