Controversial new driving laws coming to over 60 municipalities in South Africa next month
The Administrative Adjudication of Road Traffic Offences (AARTO) system will expand to additional municipalities from 1 July 2026, but there are fears over procedural issues.
The system notably introduces a demerit point system. A driver’s license can be suspended if they exceed the maximum threshold. Multiple suspensions can lead to one’s licence being cancelled.
The AARTO system has been in a pilot in Johannesburg and Tshwane for years and was originally intended to launch in 2021/22.
Court challenges, systems integration issues, and the COVID-19 pandemic caused significant delays.
In 2023, the Constitutional Court gave the National Department of Transport and the RTIA the all-clear to implement the system, overturning lower court rulings regarding its constitutionality.
The Transport Department postponed the rollout in November 2025 after a readiness assessment flagged deficiencies in municipal integration.
The launch to an additional 62 municipalities will now take place on 1 July 2026. This brings millions of motorists into the new system’s purview.
However, traffic infringement management specialist Fines4U has written to the RTIA and to the Minister of Transport, Barbara Creecy, to address ongoing procedural compliance issues.
The company asked the RTIA and the Minister to address outstanding matters linked to a 2017 High Court order before the next phase of implementation.
Fines4U said that unresolved procedural shortcomings continue to create difficulties for motorists seeking to exercise their rights through the mechanisms provided for under the AARTO Act.
Concerns over implementation
Although most public attention has been centred on the practical implications of the rollout, Fines4U warned that more attention should be paid to the administrative procedures.
It argued that the provisions in the prescribed legislation must be applied consistently by all parties
responsible for enforcing the system.
Fines4U has sought to understand what happens when procedural requirements set out in the AARTO Act and Regulations are not complied with.
It argues that infringement notices and enforcement orders should not be permitted to proceed where the issuing authority or the agency has failed to comply with prescribed processes.
It added that such matters need to be cancelled or revoked where statutory requirements have not been met. These issues concern the legislation itself, not its application.
“The purpose of AARTO is to improve road safety, encourage accountability and create a more efficient administrative process,” said Cornelia van Niekerk, owner of Fines4U.
“However, confidence in the system depends on all parties adhering to the same legal and procedural standards.”
The company continues to encounter instances where prescribed procedures are allegedly not followed, meaning motorists experience difficulties exercising their rights.
This includes the ability to lodge representations and have matters considered through the prescribed administrative processes.
It also called on the RTIA and relevant authorities to provide clarity on how procedural irregularities will be addressed as implementation expands, and to ensure that outstanding compliance concerns are resolved.
Fines4U said that motorists and fleet operators should ensure that infringement notices are issued and processed in accordance with the prescribed processes.
“As South Africa enters the next phase of AARTO implementation, the focus should not only be on enforcement, but on ensuring that the system operates lawfully, consistently and fairly,” said Van Niekerk.
“Motorists are expected to comply with the law, and authorities should be held to the same standard.”
| Aarto Phases | Target | Date |
|---|---|---|
| Phase 1 | The establishment of AARTO infrastructure, including service outlets, and ensuring eNATIS could handle payments. | Completed |
| Phase 2 | Introduction of AARTO to 62 municipalities. | 1 July 2026 |
| Phase 3 | Introduction of AARTO to 151 municipalities. | Q3 (October-December 2026) |
| Phase 4 | Implementation of the demerit point system and rehabilitation programme. | TBA |
