Overview
The points demerit system
The points demerit system
The AARTO Act seeks to introduce a points demerit system.
Simply put, points demerit systems worldwide are intended to discourage motorists from disobeying the law by putting their privilege to drive in jeopardy if they flout the law. If applied properly, this concept is arguably a good one.
| Violation | Penalty | Demerit Points (Natural Person) | Demerit Points (Juristic Entities) |
|---|---|---|---|
| Driver is unlicensed to drive the class of vehicle he/she is driving | CRIMINAL OFFENCE | 6 | - |
| Driving at more than 90 km/h in a 60 km/h zone | CRIMINAL OFFENCE | 6 | 6 |
| Failed to licence a vehicle | CRIMINAL OFFENCE | 6 | 6 |
| Reckless or negligent driving/driving under the influence of alcohol | CRIMINAL OFFENCE | 6 | N/A |
| Refused or failed to comply with a lawful order given by an authorised officer | CRIMINAL OFFENCE | 6 | 6 |
| Failed to carry a warning triangle (excl. motor car registered before 1 July 2006) | R1000 | - | - |
| Failed to pay ordinary or e-toll fee – operator class vehicles – per toll plaza/gantry | R1000 | - | - |
| Failed to proceed when a traffic light was green | R1000 | 1 | 1 |
| Inconsiderate driving | R1000 | - | 1 |
| Failed to stop behind the line at a stop street | R1500 | 2 | 2 |
| Skipped a red traffic light – motorcycle/light motor vehicle/bakkie, etc. | R1,500 | 2 | 2 |
| Failed to display a current licence disc | R2,000 | - | - |
| Skipped a red traffic light – operator class vehicles | R2,000 | 3 | 3 |
| Driver did not carry driving licence card with him/her or produced an expired driving licence card | R2000 | 3 | - |
| Driving at 89-90 km/h in a 60 km/h zone | R3,400 | 5 | 5 |
| Employed or permitted another person to drive such vehicle while the said driver did not have a valid driving licence. | R3,500 | - | - |
| Driving at 71-72 km/h in a 60 km/h zone | R400 | - | 1 |
| Failed to pay ordinary or e-toll fee – motorcycle/light motor vehicle/bakkie, etc. – per toll plaza/gantry | R500 | - | - |
Although it is not in force yet in South Africa, this is how the points demerit system is designed to operate:
Everyone starts with no (zero) demerit points on their driving licence.
Different demerit points for each infringement and offence are prescribed in Schedule 3 to the AARTO Regulations.
Demerit points are added to a person’s driving licence or a vehicle’s operator card when:
- The penalty (fine) is paid;
- If an alleged infringer applies to pay in instalments;
- If an alleged infringer or offender is found guilty in a Court of Law; or
- When an enforcement order is issued.
A threshold of demerit points that may be incurred before a driving licence or operator card is suspended is prescribed in the AARTO Regulations.
- The current prescribed threshold is 15 points.
When the threshold is exceeded, a driving licence will be suspended for 3 months for each demerit point over the threshold.
- This does not mean that a driving licence or operator card will only be suspended for 3 months.
- If the threshold is 12 points and 15 points are accumulated prior to suspension, the suspension period will be nine months.
- If the threshold is 15 points and 17 points are accumulated prior to suspension, the suspension period will be six months.
A driving licence or operator card may be suspended twice only.
- During the suspension period of a driving licence, its holder may not drive.
- During the suspension period of an operator card, the vehicle it applies to may not be driven.
- Driving whilst one’s driving licence is suspended is a criminal offence.
- Operating a vehicle whilst its operator card is suspended is a criminal offence.
If a driving licence or operator card has already been cancelled twice, and demerit points in excess of the threshold are again incurred, the driving licence or operator card will be cancelled.
- In the case of a driving licence, this means starting with a learner’s licence, once the ban period has lapsed.
- In the case of an operator card, it is not clear what this means because such cancellation may mean that the vehicle is scrapped.
Driver rehabilitation programme
The AARTO Amendment Act seeks to introduce a “driver rehabilitation programme” which is applicable to “habitual infringers” only. An “habitual infringer” is defined by the AARTO Amendment Act as “an infringer, operator or a juristic person who, in terms of section 25, incurs demerit points resulting in a disqualification more than two times”.
“More than two times” is obviously three times and therefore, this programme can only lawfully be applied to persons or entities whose driving licences and operating cards have been cancelled.
An undefined “rehabilitation program” is catered for in the AARTO Amendment Act. It is exclusively available available to persons, operators, or juristic entities whose relevant document has already been cancelled. It is not available to anyone at any time before their document has been cancelled. There is no indication how much it will cost anyone.
The so-called “rehabilitation program” is not aimed at assisting errant motorists to avoid having their driving licenses suspended by correcting their behaviour. In fact, it is not clear what it is aimed at, apart from giving the appearance that the authorities care whether your driving licence (or other document) is suspended, or indeed cancelled.
Successful completion of the rehabilitation program will diminish the demerit points on the successful candidate’s document by four points. In other words, in the case of a driving licence, it will knock a year off the prohibition period within which that person may not apply for a learner’s licence to start their driving privileges from scratch.
Driver Rehabilitation Program
An undefined “rehabilitation program” is catered for in the AARTO Amendment Act.
It is exclusively available available to persons, operators, or juristic entities whose relevant document has already been cancelled. It is not available to anyone at any time before their document has been cancelled. There is no indication how much it will cost anyone.
The so-called “rehabilitation program” is not aimed at assisting errant motorists to avoid having their driving licenses suspended by correcting their behaviour. In fact, it is not clear what it is aimed at, apart from giving the appearance that the authorities care whether your driving licence (or other document) is suspended, or indeed cancelled.
Successful completion of the rehabilitation program will diminish the demerit points on the successful candidate’s document by four points. In other words, in the case of a driving licence, it will knock a year off the prohibition period within which that person may not apply for a learner’s licence to start their driving privileges from scratch.
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