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The Citizen
7 days ago
- Automotive
- The Citizen
Aarto implementation date of 1 December ‘still tentative'
Is your municipality one of the 69? Serial offenders will be at risk of losing their driver's licences. Picture: Moneyweb Road Traffic Infringement Agency (RTIA) spokesperson Monde Mkalipi says the 1 December date for implementing the Administrative Adjudication of Road Traffic Offences (Aarto) Amendment Act in 69 municipalities countrywide, and the names of those municipalities, is still tentative. The current list of municipalities – which you can view here – includes all the metro councils and the larger towns and cities in all provinces. The RTIA, an agency of the Department of Transport (DoT), administers the Aarto Act and its amended version. It became operational in 2010 but the RTIA has been unable to implement parts of Aarto beyond Johannesburg and Tshwane. Several deadlines for countrywide implementation have been missed and postponed. The Aarto Amendment Act, which was presented as making necessary changes to enable countrywide implementation, has been signed by President Cyril Ramaphosa, but he has yet to promulgate the date on which it becomes operational. Before that can happen, he must also appoint an Appeals Board as required by the act. ALSO READ: Aarto demerit points system to be implemented by mid-2025 – Nada Confusion around timing Confusion followed Deputy Minister of Transport Mkhuleko Hlengwa's announcement during his budget speech earlier this month that Aarto will be implemented in 69 municipalities on 1 October and the other 144 on 1 February next year. His speech has since been 'corrected' on the DoT website to change the October date to 1 December. The February date for the final roll-out remains unchanged. However, Mkalipi says there will only be certainty once the promulgation has been made and announced in the Government Gazette. He says consultation must still be finalised, 'including with the municipalities'. Hlengwa's published statement now reads that Aarto 'will be rolled out in different phases according to municipal readiness from 1 December 2025 for the 69 municipalities that are ready for the rollout'. 'This is Phase 2 of the Aarto rollout programme, while Phase 3 will be rolled out on 1 February 2026 for the 144 municipalities that will only be ready then.' ALSO READ: Driving licence points demerit system still 'a long way off' The legislation has been in operation in Tshwane and Johannesburg since 2008. Still, the points demerit system provided for in the legislation will only be operational once Aarto is in effect countrywide. This will constitute the fourth and final stage, says Mkalipi. Once the act is in full operation, serial offenders will be at risk of losing their driver's licences if they exceed a certain number of demerit points and fail to mend their ways. If the rollout progresses according to the deputy minister's target dates, it will only be after a long series of false starts. Initially, municipalities and other stakeholders expressed considerable resistance, often accompanied by threats of litigation. There were also concerns about the readiness of municipalities to administer the complex system. Some of the concerns seem to have been addressed in the Amendment Act – and Hlengwa seems confident that the 69 municipalities are now ready for implementation on 1 December. ALSO READ: RTIA says Aarto Act implementation will increase municipalities' income 'No point without points demerits' JP Smith, Cape Town MMC for safety and security, says the city will have no choice but to implement Aarto if it is included in the proclamation. However, he is very critical of its implementation without the points demerit system. 'This is the only useful part of the act. Implementing without it will be an impediment to law enforcement. 'It is like me giving you an ice cream, but I only hand you the cone.' Smith says the city is relying on the fact that it can still use its current bylaw to prosecute traffic transgressions. ALSO READ: Court misconstrued Aarto Act when declaring it unconstitutional, says RTMC Unresolved issues Gavin Kelly, CEO of the Road Freight Association, says much discussion still needs to happen before the Aarto Amendment Act can be implemented. 'We sent a lot of comments when new regulations were issued for comment in 2019, and they haven't come back to us about it. Maybe they will go ahead anyway,' he says. The points demerit system is the essence of Aarto. Kelly says implementing without it will change how municipalities issue contravention notices. 'If the authorities start issuing Aarto paperwork, they will still be accountable in court if they don't follow due process – and we don't see that [due process] in Johannesburg and Tshwane.' He says issues about how vehicle fleets are dealt with in the Aarto process, including attaching points to vehicles, have not been resolved. ALSO READ: Like it or not, demerit points are coming 'You cannot change the behaviour of vehicles. You must change the behaviour of drivers.' Kelly says the authorities are trying to make money by, for example, charging fees to access the status on the points demerit system. 'In other countries, anybody can at any time access the points free of charge.' Employers must also be allowed to see how many points have been awarded against their drivers, but with the fees that have been proposed 'some companies will go bankrupt by paying access fees'. Advocate Stefanie Fick, executive director for accountability at Organisation Undoing Tax Abuse, says transitional measures must be published to guide stakeholders when the Aarto Amendment Act becomes operational, and regulations governing the act must determine how it will operate. This article was republished from Moneyweb. Read the original here.
IOL News
15-07-2025
- 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
11-07-2025
- 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
10-07-2025
- 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
IOL News
05-07-2025
- Automotive
- IOL News
AARTO rollout set for October 2025 in 69 municipalities
The Administrative Adjudication of Road Traffic Offences system will be rolled out in phases according to municipal readiness from October 1, 2025, for the 69 municipalities that are ready for the rollout. Image: Ayanda Ndamane / Independent Newspapers The Transport Department has announced October as the new date for the national rollout of the Administrative Adjudication of Road Traffic Offences (AARTO) system in 69 municipalities. This was announced by Transport Deputy Minister Mkhuleko Hlengwa during the department's budget vote debate in Parliament earlier this week, when he said 69 municipalities will be ready to implement AARTO, and 144 were not yet ready. 'The AARTO will be rolled out in different phases according to municipal readiness from October 1, 2025, for the 69 municipalities, which are ready for the rollout,' Hlengwa said. 'This is Phase 2 of the AARTO rollout programme, while Phase 3 will be rolled out on February 1, 2026, for the 144 municipalities that will only be ready then,' he said. 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 ✕ The AARTO Act was confirmed as constitutional by the apex court, and the department intends to use it to change the behaviour of motorists. Hlengwa said research has shown that more than 80% of road crashes were due to human error, and that was why there was a call for behaviour-changing efforts on their part. 'To ensure positive changes in road user behaviour, the department will roll out the Administration and Adjudication of Road Traffic Offences (AARTO) Act, central to which is the demerit system that systematically aims at containing road user behaviour,' he said. The new date for the national roll out of AARTO comes a month after a fake report suggested the imminent roll out of the demerit system that will see motorists lose points for offences and stand to have their driving licence suspended or cancelled should they lose many. In June, the Road Traffic Infringement Agency (RTIA) dismissed any claims suggesting an imminent wider national rollout as incorrect. However, RTIA confirmed that AARTO was currently operational only in Johannesburg and Tshwane. The agency said it was working with the Department of Transport on a draft proclamation of the AARTO Amendment Act. While the draft AARTO regulations have been developed, a selection process towards the appointment of members of the public to serve in the AARTO Appeals Tribunal was at an advanced stage. RTIA also stated that service outlets have been created across the country, and education and community awareness have been ongoing in all nine provinces and on all digital platforms. 'AARTO connectivity of issuing authorities to the e-Natis is under way. Training of the more than 25,000 traffic officers across the country is under way. Preparations to implement the Points Demerit System and the AARTO rehabilitation programme as part of Phase 3 are under way.' According to RTIA, strengthening laws for road traffic compliance was paramount, and the AARTO Act was a vital tool in achieving this. 'Its effective implementation will play a critical role in enforcing these laws and ultimately making our roads safer for all road users.' Meanwhile, the department is moving closer to implementing the 24-hour campaign of visible traffic law enforcement. Hlengwa reiterated the department's commitment to accelerating the implementation of a 24-hour campaign of visible traffic law enforcement across all three spheres of government, aiming to change road user behaviour towards greater compliance with road rules. He said the visibility of law enforcement has proven to be a major contributor to recent achievements in the reduction of road deaths. 'We have thus worked to speed up the resolution of most issues that have delayed the implementation of a 24-hour, seven-day a week and 365 days a year campaign of visible traffic law enforcement,' he said. 'While the country waits for all remaining provinces to finalise their processes and implement a 24-hour shift traffic law enforcement system, the National Traffic Police (NTP) will continue to be deployed to provide support to provinces and ensure greater traffic law enforcement operations across South Africa.' Hlengwa also said the department was reviewing the National Road Safety Strategy that will be submitted to the Cabinet by the end of this financial year. 'The revised strategy will inform engineering interventions, such as the development and promotion of safer road infrastructure designs, safer vehicle technologies, and continuous improvements in traffic management systems. The overall reviewed strategy will include the implementation of stricter traffic laws, vigorous law enforcement operations, and comprehensive road safety education campaigns.' He also said their approach was to improve harmonisation of operations between the three spheres of government through joint planning, inter-agency collaboration, consistency, and shared resources and services throughout the year. 'This will be supported by visible policing through force multiplication and smart deployments on critical routes, focusing on top traffic offences and violations, while intensifying partnerships and collaboration with civil society and media influencers.'
