5 proposed changes to SA driving laws you need to know about
The “B” version of the 2015 Administrative Adjudication of Road Traffic Offences (Aarto) Bill is scheduled for discussion in the National Assembly on Tuesday.
According to an analysis by Legalbrief’s Pam Saxby, the amendment goes far beyond the scope of the version tabled in Parliament more than two years ago, suggesting the provision for rehabilitation programmes for habitual infringers, and changes to how warrants are issued.
“If adopted by the House, the Bill will be referred to the NCOP and could well be in force before the end of the 2017/18 financial year, as last week’s Department of Transport media statement predicted,” said Saxby.
“Should that be the case, the long-awaited demerit system could soon be implemented countrywide, and might even help reduce the carnage on SA’s roads,” she said.
Below are some of the biggest changes in the Aarto Bills.
Demerit system
Under the new system, every person starts with zero points and the maximum number of points a driver can earn is 12. A person is allowed to drive until he/she has 12 points, with every point exceeding that number resulting in a three-month suspension of a licence.
Demerits are given per violation, not per incident, so it’s possible to rack up many points in any one incident. A licence will be cancelled when it has been suspended for the third time.
A person who has had their licence suspended needs to hand it in at the ‘issuing authority’, where it will be held for the duration of the suspension, and they will not be able to apply for any new licences.
The table below details the applicable fines and demerits for infringements:
| Infringement | Fine amount | Demerit points |
|
Licences and miscellaneous
|
||
| Driving an unregistered vehicle | R500 | 1 |
| Driving an unlicensed vehicle | R500 | 1 |
| Driving a vehicle with licence plate not visible | R500 | 1 |
| Driving without a driving licence | R1,250 | 4 |
| Driving without a seat belt | R250 | 0 |
| Driving under influence of intoxicating substance | Determined by court | 6 |
| Driving while holding and using a cellphone | R500 | 1 |
|
Failing to stop
|
||
| Skipping a stop sign (light vehicles) | R500 | 1 |
| Skipping a stop sign (buses, trucks) | R750 | 2 |
| Skipping a red light (light vehicles) | R500 | 1 |
| Skipping a red light (buses, trucks) | R750 | 2 |
| Failing to yield to a pedestrian | R500 | 1 |
|
Overtaking and overloading
|
||
| Overtaking across a barrier line (light vehicles) | R500 | 1 |
| Overtaking across a barrier line (buses, trucks) | R750 | 2 |
| Overloading a vehicle with max 56,000kg combination mass by 12-13.99% | R1,500 | 5 |
|
Speeding
|
||
| 81-85km/h in a 60km/h zone | R750 | 2 |
| 100km/h+ in a 60km/h zone | Determined by court | 6 |
| 106-110km/h in an 80km/h zone | R1,000 | 3 |
| 120km/h+ in an 80km/h zone | Determined by court | 6 |
| 121-125km/h in a 100km/h zone | R750 | 2 |
| 131-135km/h in a 100km/h zone | R1,250 | 4 |
| 140km/h+ in a 100km/h zone | Determined by court | 6 |
| 131-135km/h in a 120km/h zone | R250 | 0 |
| 141-145km/h in a 120km/h zone | R750 | 2 |
| 151-155km/h in a 120km/h zone | R1,250 | 4 |
| 160km/h+ in a 120km/h zone | Determined by court | 6 |
Everything will be centralised
One of the key objectives of the Bill is the creation of a ‘National Road Traffic Offences Register’.
The regulations will be administered by this authority, and will ensure that the details of infringements and offences of every infringer are recorded.
Addressing parliament earlier this year, transport law expert Alta Swanepoel said that the new system would handle charging people in much larger volumes.
This would include charging offenders driving foreign-owned cars, she said, adding that South Africa’s laws lagged behind those of its SADC neighbours in this regard.
“If you’re found guilty of a traffic offence in many of our neighbouring countries, you get charged immediately. However, if offenders were not formally charged within 40 days, the charge would fall away to clear up backlog.”
Read: South Africa’s answer to the ‘banning’ of petrol cars: more taxes
There will be a special appeals tribunal
A big change introduced in the latest amendment is the introduction of an appeals tribunal.
The functions of this tribunal include adjudicating; hearing appeals; and making judgements based on any legitimate grievances motorists may have.
Should an infringer still feel aggrieved by a decision of the tribunal, they may still appeal its decision in the High Court.
New rules on letting others drive
In line with similar laws currently in place, the registered owner of the vehicle is liable for the punishment and payment of any fine while someone else is driving their vehicle.
Under the new amendments, this is always the case, unless the owner or operator of the vehicle ascertained the “full names, identity document, residential, postal, and applicable business and e-mail addresses of an infringer.”
Some of the harsher punishments are gone
Another of the biggest changes introduced by the “B” amendment is the complete removal of Section 21 of the Act.
“Some members of the Transport Committee were concerned about the use of section 21 to impose a combination of harsh penalties,” said Saxby.
These included seizing a non-compliant infringer’s driving licence; removing his/her vehicle’s licence disc; and immobilising the vehicle concerned.
You can find the full “B” amendment Bill here. You can find the original Bill here.
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