Latest news with #AdministrativeAdjudicationofTrafficOffencesAct
IOL News
2 days ago
- Automotive
- IOL News
Here's what companies with vehicle fleets need to do to prepare for AARTO in December
Corporate fleet will need to train their drivers on AARTO and also amend contracts. Image: Newspress Following countless delays, the Administrative Adjudication of Traffic Offences Act (AARTO) is now scheduled to launch nationally from December 2025. The Road Traffic Infringement Agency (RTIA) announced last week that the new system would be rolled out in 69 municipalities across the country from December, with the remaining areas to follow in early 2026. However, it appears that the demerit points system, a core feature of AARTO, will only be phased in from September 2026. The demerit system could present numerous administrative challenges for businesses that run vehicle fleets, and managers have been urged to prepare for the ins and outs of AARTO ahead of the implementation date. Organisations in affected municipalities should have driver management systems, relevant training programmes and administrative processes in place to handle the complexities of AARTO by December, MasterDrive CEO Eugene Herbert advises. Given widespread concerns about corruption affecting AARTO, businesses should also identify how they will respond if they encounter corruption. 'Rather than protesting AARTO by refusing to prepare due to corruption concerns, there should be well-established mechanisms from day one to manage this. A lack of preparation is not an effective way to protest but will further reduce your ability to adapt should the implementation date remain on track,' Herbert said The Retail Motor Industry Organisation (RMI) said companies need to understand their responsibilities and consider ways to protect themselves from possible liability relating to employees' driving offences. Although there is no proxy system when it comes to the demerit system, organisations are responsible for their vehicle fleets and should therefore ensure that a system is in place for company drivers to comply with AARTO. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading 'In many cases business owners serve as the representatives of the company on behalf of their fleet. While the AARTO Amendment Bill is quite clear that company representatives cannot lose points on behalf of company drivers, they have to ensure demerits accrue to the correct person,' the RMI said. Businesses must nominate the employee who drove the vehicle at the time of the alleged infringement within 32 days of the infringement notice being served. Failure to do so within this time frame will see the nomination option falling away. To that end, every company should appoint a person to take responsibility for traffic fine issues as well as licencing and roadworthiness. Companies will also be obliged, under law, to keep a register of the driver or person in control of their vehicles at all times. Importantly, AARTO clauses should also be included in the employment contracts of all employees who will be exposed to the demerit system, the RMI advises. This clause should also allow the company to access the employee's demerit history. While this might seem invasive, corporations can be held responsible if one of their employees drives a company vehicle after their license has been suspended due to them exceeding 12 demerit points. It's also worth noting, however, that there is currently no system in place whereby accrued demerit points can be monitored in a real-time database. 'Where an employee driver's licence has been cancelled, the employer may be able to institute disciplinary proceedings or incapacity proceedings against the employee where there is an appropriate policy in place,' law firm Bowmans advises. 'AARTO has significant ramifications for employers' business operations, and it becomes necessary for employers to understand the risks that could lead to them suffering loss and damages. It is imperative for employers to review and amend their policies and contracts of employment to accommodate the implications of AARTO,' the firm added. Regarding the nitty gritty, companies should review their insurance policies to understand how demerits might affect coverage, the RMI concludes. They should also ensure that address details on the eNatis record are correct and up to date so that infringement notices can be delivered to the correct person. IOL Motoring
IOL News
6 days ago
- Automotive
- IOL News
Understanding the AARTO Act: Delays and implications for motorists
The AARTO system will decriminalise minor traffic infringements. Image: Ayanda Ndamane / Independent Newspapers The national launch date for the Administrative Adjudication of Traffic Offences Act (AARTO) has been pushed back to December 2025, the Road Traffic Infringement Agency (RTIA) confirmed. RTIA spokesperson Monde Mkalipi confirmed that 69 municipalities throughout the country's nine provinces will implement the AARTO system from the start of December, with the remaining municipalities set to follow in 2026. This follows a week after a previous announcement that the launch would take place in October. However, the controversial demerit points system that is the core feature of AARTO will only come into effect from September 2026 when the new enforcement framework enters its fourth and final phase, Mkalipi confirmed. The RTIA said service outlets had been created across the country and over 25 000 traffic officers were currently being trained to implement the new system. Mkalipi said AARTO would decriminalise minor traffic offences in order to take strain off the courts. Rather than sending summonses to those who failed to pay their fines, which often do not even reach the courts, the new system would encourage compliance by blocking the renewal of vehicle and driving licences for those with outstanding fines. Motorists who pay their fines within 32 days will receive a 50% discount. If not paid during this initial period, the fine is elevated to RTIA level, where a courtesy letter is sent to remind recipients of their rights. Motorists then have a further 32 days in which to dispute the infringement or transfer it to another driver. However, once the 64 days are up, an enforcement order may be issued, which blocks transgressors from renewing their licences. So far this new process has only been applicable to Johannesburg and Pretoria, which formed part of the pilot phase for AARTO, but the new laws will also affect the 69 additional municipalities from December 2025. The RTIA has not named these towns and cities as yet. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Advocacy organisations such as the Automobile Association (AA) and the Organisation for Undoing Tax Abuse (OUTA) have challenged and criticised the AARTO system, with the latter initiating a court case in 2022. The AA believes AARTO will not save lives as it is geared towards revenue collection rather than promoting safer roads. 'Introducing legislation will not solve the country's road safety crisis. This merely creates an impression of action while nothing will change on the ground, where it is needed. As part of our contention, we point to the fact that there is no evidence that the AARTO pilot project saved a single life,' the AA said. Get your news on the go, click here to join the Cape Argus News WhatsApp channel. Cape Argus
IOL News
7 days ago
- Automotive
- IOL News
AARTO launch set for December 2025, demerits to follow later: What you need to know
The AARTO system will decriminalise minor traffic infringements. Image: Timothy Bernard / Independent Media The national launch date for the Administrative Adjudication of Traffic Offences Act (AARTO) has been pushed back to December 2025, the Road Traffic Infringement Agency (RTIA) has confirmed. RTIA spokesperson Monde Mkalipi confirmed to IOL that 69 municipalities, throughout the country's nine provinces, would implement the AARTO system from the beginning of December, with the remaining municipalities set to follow at the beginning of 2026. This follows a week after a previous announcement that the launch would take place in October. However the controversial demerit points system that is the core feature of AARTO will only come into effect from September 2026 when the new enforcement framework enters its fourth and final phase, Mkalipi confirmed. The RTIA said service outlets had been created across the country and over 25,000 traffic officers were currently being trained to implement the new system within the confines of the law. Mkalipi said AARTO would decriminalise minor traffic offences in order to take strain off the courts. Rather than sending summonses to those who failed to pay their fines, which often do not even reach the courts, the new system would encourage compliance by blocking the renewal of vehicle and driving licences for those with outstanding fines. Motorists who pay their fines within 32 days will receive a 50% discount. If not paid during this initial period, the fine is elevated to RTIA level, where a courtesy letter is sent to remind recipients of their rights. Motorists then have a further 32 days in which to dispute the infringement or transfer it to another driver. However, once the 64 days are up, an enforcement order may be issued, which blocks transgressors from renewing their licences. So far this new process has only been applicable to Johannesburg and Pretoria, which formed part of the pilot phase for AARTO, but the new laws will also affect the 69 additional municipalities from December 2025. The RTIA has not named these towns and cities as yet. How the demerit system works Every motorist begins with zero demerit points on their driving licence, with different demerit points prescribed for various offences. If a total of 15 points is exceeded, the licence will be suspended for three months for each point over this threshold. These rules also apply to vehicle operator cards. More than two suspensions will lead to the licence being cancelled altogether, and the driver will then need to redo the entire licensing process, starting with a learner's licence. According to previously released information, minor speeding infringements will result in the loss of one to two demerit points, while disobeying a stop sign or robot, or missing one number plate will see two points being deducted. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Although numerous offences will be 'decriminalised' under AARTO, such as minor speeding infringements and failure to wear a seatbelt, more serious offences will result in criminal procedures. These include driving under the influence, driving with a suspended licence and 'excessive' speeding, in which you exceed the limit by more than 40km/h. These 'criminalised' offences, which will be handled by the courts, will still result in the loss of demerit points, with six deducted in the case of drunk driving, driving with no number plates or failing to stop at an accident. The AARTO system has been delayed numerous times, with the legislation having been in development since 1998. It has also faced numerous legal hiccups, culminating in it being declared unconstitutional by the Pretoria High Court in January 2022. This was effectively overturned by the Constitutional Court of South Africa in July 2023, paving the way for its implementation. However, advocacy organisations such as the Automobile Association (AA) and the Organisation for Undoing Tax Abuse (OUTA) have challenged and criticised the AARTO system, with the latter initiating the aforementioned 2022 court case. The AA believes AARTO will not save lives as it is geared towards revenue collection rather than promoting safer roads. 'Introducing legislation will not solve the country's road safety crisis. This merely creates an impression of action while nothing will change on the ground, where it is needed. As part of our contention, we point to the fact that there is no evidence that the AARTO pilot project saved a single life,' the AA said. However, the RTIA believes strengthening laws for road traffic compliance was paramount, as research shows that more than 80% of road crashes are a result of human error. It said the department was moving closer to implementing 24-hour visible traffic law enforcement. IOL
