New driving laws for South Africa still coming
The full implementation of the new driving laws and demerit system in South Africa, known as the Aarto Amendment Act, remains a work in progress, with officials and experts divided on when it will take effect.
Responding to questions by Moneyweb, The Road Traffic Infringement Agency (RTIA) has indicated that it is actively working with the Department of Transport (DoT) to finalise the necessary documentation for the proclamation of the Act.
Once this process is complete, the Department of Transport will submit the documentation to the Presidency, which will then decide on an official date for the national rollout of Aarto and ultimately publish this timeline in the government gazette.
Despite these assurances, the process has encountered significant delays, primarily due to various legal challenges against the Act.
Nevertheless, the RTIA has started a phased rollout of the system, beginning with the establishment of 40 Aarto service outlets across the country.
Alongside this infrastructure expansion, community education and public awareness initiatives are being implemented, and technical support, including computer equipment, is being distributed to issuing authorities, it said.
With assistance from the Road Traffic Management Corporation (RTMC), all relevant authorities are currently updating their connectivity with eNatis, the country’s traffic management system, it added.
According to the RTIA, the groundwork for a broader implementation is in place, pending the official proclamation of the Aarto Amendment Act.
The Aarto system has been trialled for several years in Johannesburg and Tshwane, introducing a demerit point system to complement existing traffic fines.
Under the system, demerit points are imposed once a fine is paid, an enforcement order is issued, or a conviction for a traffic offence is obtained.
The rules set strict limits on these points: learner drivers face license suspension after six points, while fully licensed drivers have a threshold of fifteen points before suspension.
Yet, the gradual progress toward nationwide implementation has left many questioning the feasibility of a full-scale rollout in the near future.
Some experts and stakeholders are sceptical about the RTIA’s readiness for national implementation, voicing concerns that the timeline remains overly optimistic.
Brandon Cohen, chair of the National Automobile Dealers Association (NADA), recently pointed out that the schedule for the Aarto system’s implementation has shifted multiple times and now extends well into 2025.
According to Cohen, DoT officials have indicated that onboarding municipalities and other authorities, crucial steps in Phases 2 and 3 of the rollout, are not expected to conclude until December 2024.
The demerit system itself, initially expected by September 2024, is now projected for April to mid-2025, further delaying this critical component of the legislation.
NADA doubts whether these new timelines are achievable, citing the administrative complexity and operational inefficiencies in the existing system as significant hurdles.
Other groups share NADA’s scepticism. The Organisation Undoing Tax Abuse (Outa) has raised concerns about resistance from municipalities, some of which, including the City of Cape Town, are reluctant to transfer their traffic fine management functions to the RTIA.
Outa CEO Wayne Duvenage argued that for the demerit point system to succeed, it must accommodate the needs and concerns of these municipalities.
While Duvenage acknowledged the potential benefits of a demerit system, he questioned whether the government possesses the necessary infrastructure and capacity to manage such a complex system effectively.
The Automobile Association (AA) also expressed reservations about Aarto’s effectiveness, especially regarding the resources required for a smooth rollout.
The AA has consistently critiqued Aarto as being more focused on revenue collection than on improving road safety.
According to the AA, introducing new legislation will not address South Africa’s road safety crisis unless more practical and systemic changes are implemented at the ground level.
The Association has pointed out the lack of evidence that the pilot phases of Aarto in Johannesburg and Tshwane have had any impact on reducing fatalities or injuries on the road.
While the RTIA continues to prepare for the full implementation of the Aarto Amendment Act, doubts remain among industry stakeholders.
Challenges range from administrative inefficiencies to a lack of local authority buy-in, with many fearing that the demerit system may ultimately fail to deliver meaningful improvements in road safety.
The coming years will determine whether the Act can overcome these obstacles to achieve its intended impact.
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