The national rollout of the system officially starts on 1 December 2025.
The AARTO Act “decriminalises” all, but the most serious traffic offences and subjects them to administrative processes. These “infringements” or “offences” will be dealt with administratively. The more serious offences are criminal offences which will be prosecuted in criminal courts.
There is an “infringement penalty levy” (IPL) of R100 payable on every infringement notice the Road Traffic Infringement Agency (RTIA) issues. The IPL must be paid in full and is not subject to any discount.
Documents may be served in person, electronically or by post. Issuing authorities will have a period of 60 days to serve an infringement notice. If it is not delivered before that time, the countdown to further processes automatically starts after 60 days from the alleged infringement.
The processes are:
1. Infringement notice – this sets out the details of the alleged infringement and provides various options, which may be exercised within 32 days of the actual or presumed service of the infringement notice, which options are:
• Pay the penalty (fine) at the 50% discounted rate;
• Apply to pay in instalments, over a maximum term of six months and in so doing, to forfeit the discount;
• Make a written representation to the RTIA setting out why one should not be held liable for the alleged infringement; or
• In the case of infringement notices issued to registered owners of vehicles, to nominate the driver if he or she was not the driver.
2. Courtesy letter – the alleged infringer is again provided various options which may be exercised within 32 days of the actual or presumed service of the courtesy letter. These are:
• Pay the full penalty, together with the R100 for the courtesy letter and R100 for the IPL; or
• To make a written representation to the RTIA setting out why one should not be held liable for the alleged infringement.
• Notably absent from these options is the ability to nominate the driver or to apply to pay in instalments. The requisite demerit points will be applied against the registered owner’s driving licence (natural persons) or licence disc (juristic entities).
3. Enforcement order – If you fail to act within 32 days of the actual or presumed service of the courtesy letter, an enforcement order will be issued. The effect of this order is:
• It applies demerit points to the alleged infringer’s driving licence, operator card or vehicle licence disc.
• It electronically blocks licensing transactions on eNaTIS, meaning that no driving licence, professional driving permit or vehicle licence disc may be issued.
• The enforcement order attracts a further R100 fee which is added to the total payable. It may only be complied with by paying 100% of the penalty, together with R100 for the IPL, R100 for the courtesy letter and R100 for the enforcement order (R300 over and above the original fine amount).
• The alleged infringer may apply to the RTIA for the enforcement order to be revoked, but only if he/she does so within 32 days of the actual or presumed service of the enforcement order.
An infringement notice may be issued directly to the driver at the time of the alleged offence or mailed later to the vehicle’s registered owner. This notice initiates legal proceedings against the person identified in it.
Issuing authorities like SANRAL, SAPS, Metro Police, local- and provincial traffic departments are not mandated to force anyone to pay fines at a roadblock.
The points demerit system
- Every driver, operator or juristic entity starts with zero points with the threshold currently being 15 points;
- As infringements are incurred by drivers or vehicles, the demerit points are associated with that violation. They are applied when the fine is paid, whether at the discounted stage or not; when an enforcement order is issued; or when a person who is charged with a crime is convicted in court.
- If the threshold is exceeded, the relevant driving licence card, operator card, vehicle licence disc or operating permit is suspended for three months for each demerit point by which the threshold is exceeded, eg if 19 demerit points are incurred, the said document will be suspended for a year.
- Driving or operating a vehicle during the prohibition period is a criminal offence, subject to a fine or imprisonment and a further six demerit points on conviction.
- Once a driving licence card, operator card or vehicle licence disc has been suspended twice, again exceeding the threshold for a third time will result in it being cancelled.
- This means that, in the case of driving licenses, the person will have to start from scratch, with a learner’s licence if he or she wishes to drive again after the lapse of the prohibition period.
- In the case of operator cards and vehicle licence discs, the draft regulations do not make it clear how or if the relevant document can be reinstated.
- Demerit points are forgiven and diminished by one point every three months.
- Differing demerit points for each violation are prescribed in Schedule 3 to the AARTO regulations (https://www.aarto.co.za/schedule-3/current-schedule-3/) some of which are;
Offence — 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 — Court — 6
Furnishing false information — Court — 6
Do not disobey traffic laws and if you do get a fine, pay it immediately upon becoming aware thereof.
You can reach out to RW Attorneys here, should you have any questions or concerns.
You can also check your fines finessa.co.za.