Calm before the storm for South Africa’s new driving laws
The AARTO Amendment Act’s driving laws have come into effect, but motorists should note that the controversial demerit point system is still not operational.
President Cyril Ramaphosa proclaimed key provisions of the Administrative Adjudication of Road Traffic Offences (AARTO) Amendment Act into law in 62 identified municipalities, with the amendments taking effect on 1 July.
New AARTO Regulations were also published. The new legislation and regulation forms phase two of the legislation, which was delayed from its originally planned launch at the end of December 2025.
Amandlaka Thixo Magubane and Chloë Loubser from Bowmans said that AARTO was originally enacted in 1998 to promote road safety by creating a scheme for managing road traffic infringements via:
The Amendment Act, which was assented to in 2019, introduced major reforms to the laws, including the concept of a ‘habitual infringer.’
It also prescribes a rehabilitation programme for said infringers and establishes a new Appeals Tribunal with national jurisdiction.
AARTO has faced a long, phased rollout amid several court challenges. It first commenced in 2008 as a pilot in the metros of Johannesburg and Tshwane.
Magubane and Loubser said that recent proclamations are the most significant national expansion of the scheme to date.
The notice brings into operation certain key sections of AARTO, as well as all provisions of the Amendment Act, with one exception, in the listed municipalities.
The new provisions relate to infringement notices, courtesy letters and enforcement orders. There are also provisions for representations from the viewpoint of the infringer.
“These constitute the operative core of the AARTO administrative adjudication scheme, meaning that the new enforcement regime can now commence in practice in the affected areas,” the experts said.
What is not yet in effect
However, one notable exception to the rollout is the demerit points system, which has not been included in the latest proclamation notices.
The points system sees all drivers start at zero, with infringements carrying points ranging from 1 to 6, ranked by severity.
Drivers start with 0 points, and suspension occurs after exceeding 15 points. Each point over this limit results in a 3-month suspension, during which driving is prohibited.
Licenses can only be suspended twice; after a third infraction, the license is permanently cancelled, requiring a complete restart of the testing process. This system has been highly controversial.
Section 2(g) of the Amendment Act, which empowers the Authority to administer rehabilitation programmes for habitual infringers, has also not yet commenced.
The experts said that both the demerit system and the rehab programme are expected to take effect in Phase 4 of the rollout, currently scheduled for 2027.
Nevertheless, the latest amendments massively extend the reach of the laws. Its scope currently encompasses all provinces, except the Western Cape. Major municipalities affected include:
- Buffalo City (East London),
- Nelson Mandela Bay (Gqeberha);
- Mangaung (Bloemfontein);
- City of Ekurhuleni, City of Johannesburg, City of Tshwane;
- eThekwini (Durban),
- Msunduzi (Pietermaritzburg);
- Polokwane;
- City of Mbombela (Nelspruit);
- Sol Plaatjie (Kimberley); and
- Rustenburg
Commencement in the remaining 151 municipalities is expected to take place in Phase 3 of the rollout, which should take place later this year.
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