D-day for South Africa’s strict new driving rules coming soon

A decision on the constitutionality of South Africa’s Administrative Adjudication of Road Traffic Offences (Aarto) Act and the introduction of strict new driving rules nationwide is expected before the end of the month.

According to the Road Freight Association (RFA), the Constitutional Court ruling on the laws, which was heard in November, was reserved, but “there are indications that the judgement should be handed down before the end of May 2023,” it said.

Whilst this is awaited, the Road Traffic Infringement Authority (RTIA) has been at pains to make it clear that it will continue with the preparatory tasks required for a national roll-out – looking at full implementation across the country within three years of the initial roll-out phases.

The Aarto Act has been in effect in some cities in South Africa – specifically Johannesburg and Pretoria – for some time, but the amendments allow the system to be launched across the country.

It’s this rollout that has been challenged in court.

Opponents to the laws, including civil rights groups, industry bodies and political parties, have argued that the laws unlawfully intrudes upon the exclusive executive and legislative competence of the local and provincial governments envisaged in the Constitution, preventing local and provincial governments from regulating their own affairs.

This was successfully argued in the High Court, with the Constitutional Court set to either confirm or reject this.

Demerit system

However, one of the biggest issues with the new laws is the introduction of the ‘demerit system’, which groups like the RFA say is “unimplementable”.

The RFA said that it has interacted with both the Department of Transport (DoT) and the RTIA since the first publication of the draft AARTO Act and the resulting regulations, dating back to 1997.

“We have placed on record that, despite well-substantiated motivation for serious adjustment to both the manner of implementation of a demerit system, as well as the ability for law-abiding citizens to access and manage their proposed demerit points, the department has not amended the regulations in any way to ensure that the compliance costs do not become a serious burden on law-abiding citizens – whether fleet operators or individuals,” said RFA CEO, Gavin Kelly.

In addition, the RFA noted that the issuing of points to vehicles is unfounded; will have a serious impact on the vehicle supply sector – both new and used; the sustainability of fleets and individuals with regard to personal transport needs (there is no reliable, efficient, safe and affordable public transport system available in the country); and, not have the effective and sustainable behavioural change required to improve road traffic legislative compliance.

The demerit system would see drivers start with zero points and they will “earn” demerit points as and when applicable through the Aarto process, where demerit points are allocated.

Currently the threshold is a maximum of 12 points, and the proposed amendment recommends 15 points From point 13, the various sanctions of suspension or cancellation of a driving licence will occur, as defined in the Aarto legislation.

The RFA said there are numerous challenges to this system: the scourge of corruption and poor traffic policing have not been addressed nor resolved, neither has the process to ensure that manipulation of the system through targeting of certain fleet operators or individuals can be prevented, it said.

“In addition, the proposed Tribunal System has a number of flaws that leave prospective procedural queries hanging, and the whole rehabilitation programme has more queries than answers, there are numerous charges relating to taxis that carry no demerit points and the addition of extra levies to cover administration processes point to revenue generation.”

The RFA added that the process of addressing the comments received from the last round of public comment has not been completed – and a final proposal relating to the proposed regulations was not completed before the current impasse was created through the legal process, which now awaits the decision from the Constitutional Court.

“The RFA trusts that, once the Constitutional Court has handed down its judgement either way that the Department of Transport and the RTIA will carefully consider and apply the comments from all parties that submitted comments and take special note of the comments from the Association which cover the impact this legislation will have on fleet operators,” Kelly said.

“In its last iteration/form, the RFA is of the opinion that Aarto will not be implementable without the comments and proposals it tabled in 2019. The Association is aware that the RTIA has taken many of these into consideration, and that another draft of the proposed regulations is ready for public circulation – pending the judgement from the Constitutional Court.”

The group said that it is crucial that a sustainable, fair, reliable and manageable system is introduced to change and improve road user behaviour and that this does not become a huge financial millstone around the necks of compliant fleets or individuals.

Read: Strict new driving rules for South Africa on shaky ground