The new law that could stop people from selling their car in South Africa
The new Administrative Adjudication of Road Traffic Offences (AARTO) Act could stop motorists from selling their cars if they have unresolved fines.
This is according to Michael Pashut, founder and CEO of ChangeCars, an online vehicle marketplace for new and used cars in South Africa.
Pashut warned that the AARTO Act, when fully implemented, will link outstanding fines to the vehicle owner in a way that directly affects their ability to transfer ownership.
The Department of Transport recently published new commencement dates for the AARTO rollout, which will happen in phases between December 2025 and September 2026.
Despite the many concerns around the new driving licence laws, Pashut stressed that one of the most significant consequences for motorists will be how AARTO affects car buying and selling.
According to Pashut, Traffic fines and demerit points are linked to the vehicle’s owner, not just the driver.
“If you try to sell a car with unresolved AARTO infringements, you could be prevented from doing so,” he said.
This means sellers will need to ensure all fines are cleared before they can transfer ownership. Businesses will also face new requirements.
“Companies must now officially nominate the driver responsible for an infringement, or the company itself will be liable for the fine and demerit points,” Pashut explained.
This could create complications for fleet vehicle sales if fines are left unresolved. The introduction of AARTO could reshape driver behaviour, vehicle sales, and even the corporate fleet industry.
By linking fines and demerit points directly to ownership, the system ensures that unresolved infringements cannot simply be ignored or passed on to the next owner.
“AARTO could put a real spanner in the works for unsafe drivers, from costing them their licences to making it difficult to sell their vehicles,” said Pashut.
“Naturally, the easiest way to avoid these consequences is to drive responsibly. It would also be advisable to get familiar with the demerit system and to keep an eye out for infringement notices should there be any.”
The official launch timeline
The first stage will begin on 1 December 2025 in 69 metros and municipalities, followed by 144 more municipalities from 1 April 2026.
The final step, which is the launch of the national driving demerit system, is set for 1 September 2026.
While AARTO has been running in Johannesburg and Tshwane for years without the demerit system, the government has long planned to extend it nationwide.
The demerit system aims to improve road safety by penalising repeat offenders. “Every driver starts with zero demerit points.
When you commit a traffic violation, you get a fine and a set number of demerit points based on the severity of the offence.
If you accumulate 15 or more points, your licence will be suspended. If your licence is suspended multiple times, it can be permanently cancelled.
Points decrease by one every three months if the driver does not commit further violations. Additionally, fines will be served electronically, through email and other digital channels, not just by registered mail.
While some South African drivers have opposed the system, Pashut pointed out that it has been effective elsewhere. “It is a well-tested system, with several countries employing their versions.”
He explained that Australia started in the 1960s, New Zealand in 1967, the UK in 1982, and France in 1992.
He added that a 2024 study showed that these systems have reduced overall negative outcomes related to traffic by around 21%, fatalities by 10%, and non-fatal injuries by 9%.
However, the national rollout has been coming for a long time. Several delays have pushed back the launch, and Pashut said there are still hurdles to clear.
The Road Traffic Infringement Agency announced in June that it had begun linking Aarto to the eNatis system and training the country’s 25,000 traffic officers.
Additionally, an AARTO Appeals Tribunal must be created before the rollout can commence. RTIA has said that the members’ appointment process is at an advanced stage.
However, it remains to be seen whether this process will be completed in time for the project’s launch.
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