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What does AARTO stand for?
It is an acronym for ‘Administrative Adjudication of Road Traffic Offenses. The AARTO Amendment Act aims to create a safer driving environment for all motorists and pedestrians and to ensure that offences are dealt with fairly. It is administered by the “Road Traffic Infringement Authority” (RTIA), which is a State-Owned Entity funded almost solely by traffic fines.
What is this Act used for?
The AARTO Act does not deal with serious road traffic offences like reckless, negligent or drunken driving, these offences are still dealt with criminally. However, it replaces the Criminal Procedure Act in prosecuting road traffic offences.
How does AARTO differ from the Criminal Procedure Act?
Although it may differ in many ways, one of the most important ways is by removing the authority of the Magistrates Courts to prosecute criminal trials for so-called “minor” road traffic offences.
It employs an administrative system to escalate traffic fines from issuing to finality. The Criminal Procedure Act applies everywhere in South Africa except Johannesburg and Tshwane !!!
Is the AARTO Act a points-demerit system?
Yes, it is, the AARTO Act has a points-demerit system which again has not been applied in Johannesburg or Tshwane over more than 12 years of implementation. The legislation’s main purpose is to migrate traffic fines out of the courts and into an administrative scheme.
Administrative scheme
An administrative scheme is one where the motorist must act or react, if / when you
stand accused of committing an infringement. If you fail to act, this will not stall the
system, it will ensure that it progresses to finality and additional amounts are added
to initial fine.
Ignoring a traffic fine will cause serious consequences. Points will be applied, and
licensing transactions will be blocked if you fail to act if / when you receive a
traffic fine.
The AARTO Act has three stages:
The AARTO Amendment Act aims to create a safer driving environment for all motorists and
pedestrians and to ensure that offences are dealt with fairly.
The AARTO Act replaces the Criminal Procedure Act in prosecuting road traffic offences which are
categorised as infringements (misdemeanours).
It is administered by the “Road Traffic Infringement Authority” (RTIA), which is a State-Owned
Entity funded almost solely by traffic fines.
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The Three Stages of AARTO
Stage 1 - Infringement Penalty Levy (IPL)
R100 will be added when an infringement notice is issued.
No discount applies to the IPL – it must be paid in full.
Stage 2 - The courtesy letter
If you do not react to an infringement notice within 32 days, a courtesy letter will be issued. The letter removes the discount and adds R60 to the total payable by way of a fee for the letter.
It further removes the ability for you to nominate the driver if you were not driving the vehicle at the time of the alleged infringement. Within 32 days of the actual or presumed service of the courtesy letter, pay the full penalty together with the IPL fee and courtesy letter fee. No discount applies on the IPL or the courtesy letter fee.
Stage 3 - The enforcement order
If you do not react to a courtesy letter within 32 days of its actual or presumed service, an enforcement order will be issued. An additional R100 is added to the cumulative penalty, IPL, and fee for the courtesy letter when this is issued.
When an enforcement order is issued, the demerit points are applied to your driving licence (natural persons) or vehicle licence disc (juristic persons). It also blocks all licensing transactions such as driving licence issuing or card renewal, professional driving permit-issuing or renewal and vehicle licence disc issue or renewal. You may pay the full amount applicable on the enforcement order.
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CHECK MY FINESThe Demerit System
| Violation | Fine | Points |
|---|---|---|
| Vehicle not registered | R1 000 | 3 |
| Vehicle not licensed | R1 000 | 3 |
| Vehicle with no number plates | Court | 6 |
| Vehicle with only one number plate | R500 | 2 |
| Driver not licensed | R1250 | 4 |
| Driver's licence not in vehicle | R1250 | 4 |
| Disobeying stop sign or robot | R750 | 2 |
| Exceeding speed limit 11-15km/h | R250 | 0 |
| Exceeding speed limit 16-20km/h | R500 | 1 |
| Exceeding speed limit 21-25km/h | R750 | 2 |
| Exceeding speed limit > 40km/h | Court | 6 |
| Failing to keep left | R1 000 | 3 |
| Failing to use indicators | R500 | 1 |
| Failing to stop at an accident | Court | 6 |
| Driving under the influence to stop at an accident | Court | 6 |
| Furnishing false information | Court | 6 |
How does it work?
Demerit points are applied when the fine is paid, an enforcement order is issued, or the person who was charged with a criminal offence is convicted by a court of law. Paying the fine does not prevent the imposition of demerit points. It causes them to be applied.
Demerit points are applied to learners’ licences, driving licenses, vehicle licence discs, operator cards or road transport permits. A learner driver may accumulate up to 6 demerit points without losing his or her driving privileges. A fully licensed driver may accumulate up to 15 demerit points without losing his or her driving privileges.
A juristic entity that fails to nominate the driver of a vehicle it owns accumulates demerit points against the relevant vehicle’s licence disc. Juristic entities’ vehicle licence discs may accumulate up to 15 demerit points before the vehicle’s licence disc is suspended. An operator accumulates demerit points on its operator card and may accumulate up to 15 demerit points before it is suspended. A road transport operating permit accumulates demerit points on its operating permit. An operating permit may accumulate up to 15 demerit points before it is suspended.
Demerit points are reduced at a rate of one point every three months until they again reach zero. When the threshold specified above is exceeded, the relevant document is suspended for three months in respect of each demerit point that has been accumulated, which is over the threshold.
During the suspension period, the affected person may not drive, or the affected vehicle may not be driven. Doing so is a criminal offence.
Allowing another person, who’s driving licence has been suspended, to drive your vehicle is subject to a fine of R3,500.
During the suspension period, a person, operator or juristic person may not apply for a driving licence, professional driving permit, motor vehicle licence disc, operator card or any other permit, card or licence disc issued in terms of road traffic legislation or transport legislation.
Except for a vehicle licence disc and an operating permit, the relevant document may be suspended twice in the lifetime of its holder. Except for a vehicle licence disc and an operating permit, if the demerit points threshold is again exceeded after two suspensions have already occurred, the relevant document is cancelled.
