The AARTO Act
AARTO is getting serious. It will have a major impact on every driver and vehicle
owner soon!
The Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (“AARTO Act”) has been a topic of discussion for a few years now regarding planned national roll-outs. Until now, the AARTO Act has only applied in the cities of Johannesburg and Tshwane. On 1 August 2025, a proclamation was published in the Government Gazette indicating a phased roll-out plan across South Africa.
Phase 1 will commence on 1 December 2025, which will see the AARTO Act being applied to an additional 69 municipalities.
Phase 2 will commence on 1 April 2026, which will expand the application of the AARTO Act to the rest of South Africa by adding another 144 municipalities.
Phase 3 deals with the demerit points system, however, this will only come into effect on 1 September 2026.
Whether you are travelling to a district where the AARTO Act is applicable during the holidays or wondering what the implications of the AARTO Act are, this article aims to answer some of the questions you may have.
Will road and traffic violations still be considered as criminal offences under the AARTO Act?
Currently, with the exception of Tshwane and Johannesburg, all road and traffic violations are dealt with as criminal offences and the general criminal procedures will apply. Road and traffic violations would be prosecuted by the National Prosecuting Authority in the Magistrates' Courts.
The AARTO Act classifies road and traffic violations under two categories of “infringements” and “offences”. The AARTO Act has made strides in decriminalising less serious road and traffic violations. This means that such less serious “infringements” will be subjected to an administrative process rather than a criminal process. However, the AARTO Act does not take away criminal consequences completely. Serious violations continue to be regulated by the criminal procedures and will be considered as “offences”. An example of a serious offence that will still be dealt with in terms of the criminal procedures is driving under the influence of alcohol and excessive speeding.
Under the AARTO Act, infringements are handled through administrative processes, which will start with an infringement notice being issued under the AARTO Act. An infringement notice will set out the details of the infringement and will usually contain the option to pay a fine. There are certain ways to deal with the fine, which must be done within a certain period:
> Pay the fine at a discounted rate as prescribed from time to time.
> Apply to pay the fine in instalments.
> Make written representations indicating why you should not be held liable for the alleged infringement.
> If you were not the person driving the car, nominate the driver of the car in order for the infringement notice to be allocated to the correct person.
Failure to respond to the fine in one of the ways outlined above (or otherwise set out in the infringement notice) will result in a courtesy letter being issued to the motorist or registered owner of the vehicle. The consequences of a courtesy letter are that the discount will be removed and an additional fee can be added to the total amount due. A further period of 32 days will be allowed to respond to or attend to the courtesy letter.
Failure to act within 32 days of the courtesy letter will lead to an enforcement order. Once this process is initiated, the infringer will be barred from making any licensing transactions on the eNaTIS system and the infringer will not be able to renew their licence, permit or licence disc until the enforcement order has been attended to or cancelled. An additional fee will also be payable once an enforcement order is issued. The infringer may apply for the enforcement order to be withdrawn within 32 days of the date reflected on the order.
If the enforcement order is not attended to accordingly, a warrant will be issued that will lead to the attachment and selling of personal belongings (to pay the fine), removal of licence disc from your vehicle and so on.
Where does the demerit points system fit in?
In essence, the demerit points system has a person start at zero and that person will be allocated demerit points (ranging from one to six) linked to road and traffic violations. Road users may incur up to 12 points (proposed amendments might increase it to 15 points) without yielding any consequences. Once the threshold is exceeded, the infringer's licences or permits will be suspended for three months for every demerit point in excess of the threshold.
The demerit points will only accrue in certain instances, such as:
> when a fine is paid;
> the fine is elected to be paid in instalments; and
> an enforcement order has been issued or the infringer has been found guilty by a court.
It will be a criminal offence for a person to drive while their driver's licence, operator card or licence disc is suspended, which will be punishable by a fine or direct imprisonment. The infringer may also not apply for the renewal of any licences or permits during the suspension period. If a driver's licence or permit is suspended more than once, it will be cancelled. This means that a person must start from scratch to obtain a new driver's licence (getting a learner's licence and taking the driver's licence test again).
The demerit points system is not yet in effect and the anticipated date of it becoming a reality is 1 September 2026.
Conclusion
With the national roll-out of the AARTO Act, it will have an impact on every driver and vehicle owner. It is important to make sure that you understand the principles of the AARTO Act and that if you get an infringement notice, you follow the correct steps as indicated in the notice.
Did you know…The demerit points system for traffic infringements will come into effect on 1 September 2026.