South Africa’s new driving laws and demerit system are not live

Reports are circulating that the South African AARTO has become effective in South Africa, but the Road Traffic Infringement Agency (RTIA) says it is fake news.

The Administrative Adjudication of Road Traffic Offences (AARTO) is set to introduce a new demerit system where motorists would pay a penalty and incur demerit points when a traffic infringement occurs.

Motorists will begin with no points and accumulate demerits when necessary. As a driver reaches 13 demerit points, they will face penalties such as license suspension and require retraining.

It will not, however, absolve motorists from the responsibility of paying speeding fines that are lawfully issued to them.

The laws are similar to international systems like those in Australia and New Zealand, which have seen some success.

It is crucial to understand the difference between AARTO and fines by the authorities. With fines, you are innocent until proven guilty, while under AARTO, you are guilty until you prove your innocence.

While fines are seen as criminal matters via the courts, AARTO decriminalises speeding and makes it an administrative procedure.

Although the Gauteng High Court ruled that the AARTO legislation was unconstitutional and invalid, the Constitutional Court disagreed in a unanimous judgment, paving the way for the rollout of the AARTO.

The national rollout has been slow. However, a ‘news’ story emerged in the past week claiming that the system would suddenly launch on 5 June.

The story was carried by several respected news publications.

The RTIA has been dismissing the story has fake since at least 3 June, saying that there has been no pronouncement on the rollout.

“It has come to our attention that fake news about the AARTO rollout has been spread. RTIA assures the public that an official statement will be released when the next phase is implemented,” it said.

“AARTO is currently operational only in Johannesburg and Tshwane.”

Earlier, the RTIA said it is working on revisiting and reviewing AARTO regulations to improve road safety.

It added that it is preparing for the Act to be implemented nationally “to enhance the safety of road users in all jurisdictions under the 213 issuing authorities”.

However, the agency stressed that no pronouncement has been made.

The RTIA said that an official statement will be made when the next phase is underway, with only one of the four phases completed.

Phase 1 of AARTO saw the establishment of AARTO infrastructure, including service outlets, and ensuring eNATIS could handle payments.

Phase 2 will see the introduction of AARTO to 69 municipalities, while Phase 3 will be added to the remaining 144 municipalities.

The demerit point system and rehabilitation program will be implemented in Phase 4.