This is how the demerit system will work for drivers without number plates – and 5 other things you need to know

The latest Administrative Adjudication of Road Traffic Offences (AARTO) amendment bill was passed in the National Assembly last week, which will bring a major overhaul to the country’s current driving system – including a new demerit system; a centralised traffic body; the end of roadblocks; as well as a dedicated rehabilitation programme.

While some analysts have slammed the new system, others have praised it for its tough stance on poor drivers and attempts at rehabilitation.

Because of the suddenness of the bill, which some analysts believe could be implemented as early as the end of this year, it has also raised many questions.

The Road Traffic Infringement Agency answered several questions put to them by BusinessTech on some of the technological aspects of the new demerit system.

Q. The Demerit system is designed to send infringement notices via electronic means. Can you explain how this process will work?

“The electronic service of notices means that the notices maybe sent with electronic platform that the alleged infringer has access to.

“It is intended that the notices be sent through email or Facebook where the infringer prefers so.

“The SMS option would be used to inform the infringers that there are notices on their names and have been sent either through email or the traditional registered mail of the Post Office.

“Motorists will be given an opportunity to select the preferred manner of service however where it is clear that an infringer is evading service, the state may source address details of an infringer, in the interest of public safety, from any database available to serve the infringer.”

Q. What are the measures in place for those South African motorists that do not have regular internet access?

“As indicated above, the intention is not to do away with the traditional Post Office registered mail.

“Notices may be sent via any available platforms that suit a specific motorists, the current Post Office/registered mail option will still be available and other hand delivery/courier options will be explored to ensure safe and fast ways of getting notices to the people.”

Q. What are some of the ways motorists will be able to check their current demerit points?

“The law dictates that the demerit points record may only be made available to the concerned individual.

“A prescribed form has been published with the regulations that will be used to apply for the statement of the demerit points.

“Such application may only be made to the RTIA and not any other authority will have access to this information.

“It is important to note that every notice of a transgression or a penalty will indicate on the notice itself the number of demerit points applicable to that infringement.

“As a result, once you pay or an enforcement order is authorised or found guilty in a court of law for an offence, the requisite number of demerit points as indicated in the Notice in question will be incurred.”

Read: National Assembly has passed new traffic laws – and it will hit motorists hard: JPSA

Q. How do you plan to identify and deal with motorists who remove or purposely deface their number plates?

“It was always anticipated that motorists would engage on such an illegal activity in an effort to circumvent the effects of AARTO in relation to speed transgressions.

“It should be noted that, firstly, a vehicle that is operated on a public road without number plates or defaced number plates is regarded, in terms of the law, not roadworthy and maybe discontinued.

“This means such a vehicle has to go for testing before it can be licensed again.

“Secondly, in terms of classification of the transgressions under the AARTO, if a vehicle is found to be driving without number plates or defaced number plates or number plates not relevant to such a vehicle, the driver will not receive a penalty but will be charged criminally as such a transgression is classified as an offence to be dealt with under the Criminal Procedure Act and may attract a criminal record.”

Q. What measures are in place to ensure that points are not awarded unfairly and will there be a system to remove unfairly awarded points?

“The AARTO process caters for elective options for infringers to challenge the alleged contravention through application for a representation.

“Should the infringer feel that such an infringement was not dealt with satisfactorily, the bill before parliament caters for an appeal process to the tribunal to either overturn the decision of the representations officer or confirm such decision.

“In terms of the constitution of the country as well as administrative law, the decision of the appeals tribunal may be reviewed by the high court.”

Q. Will drivers be able to remove demerits/re-qualify for after having their licence revoked?

“The bill makes provision for a rehabilitation process for those motorists who wish to be rehabilitated and reduce their demerit points to undergo the rehabilitation process.

“Those whose driving licences have been suspended would have to go through a compulsory rehabilitation process to be eligible to drive on South African roads again.”

Read: South Africa’s plan to scrap roadblocks: 6 more things you need to know