AARTO officially gazetted: How the points system will work

The national rollout of the Administrative Adjudication of Road Traffic Offences Amendment Act (AARTO) has been officially gazetted, after President Ramaphosa signed the Proclamation on Friday.

According to the Government Gazette issued on August 1, most sections of the act will come into effect in major municipalities across the country on December 1, 2025, followed by the remaining municipalities on April 1, 2026. The remaining sections of the AARTO Act (26 to 28), which are believed to include the dreaded demerit points, are set to take effect on September 1, 2026.

A total of 69 municipalities will implement AARTO from the beginning of December, Johannesburg, Pretoria, Ekhuruleni, Mbombela, Polokwane, Durban, Newcastle, Ladysmith, Bloemfontein, Qgeberha, East London, Cape Town, Stellenbosch, George and Beaufort West.

From April, the rollout will extend to 75 smaller municipalities, including Musina, Umdoni,  Lepelle, Okhahlamba, Richmond, Kokstad, Blouberg, Great Kei and Sundays River.

In July, the Road Traffic Infringement Agency (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.

RTIA Spokesperson Monde 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.

So far this new process has only been applicable to Johannesburg and Pretoria, which formed part of the pilot phase for AARTO.

How the points system will work

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.

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.

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.

“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.

Cape Argus