Both individual employees and entire businesses are likely to suffer the effects of the latest AARTO amendment and incoming demerit system.<\/p>\n
This is according to Beata Warnich, associate at SchoemanLaw, who notes that the new system will introduce a ‘point system’ which will penalise drivers for traffic violations.<\/p>\n
Traffic violations result in points being allocated to a driver\u2019s licence. Once 12 points have been allocated, a driver\u2019s license will be suspended.\u00a0Should a driver\u2019s licence be suspended three times, the license will be permanently revoked.<\/p>\n
However, should no violations occur within a period of three months, 1 point will be deducted.<\/p>\n
As a result, the AARTO amendment has serious implications for the South African transport industry and will affect all employees from senior management to even an entry-level driver, said Warnich.<\/p>\n
“Should a driver in the transport industry violate a traffic offence and his\/her license is suspended, the business suffers loss in being unable to deliver on time.<\/p>\n
“However, the business is not the only one that suffers loss. The driver would normally either be given a warning for his\/her misconduct, be demoted for being unable to drive, be dismissed for incapacity and\/or retrenched for failing to comply with the operational requirements of the business.<\/p>\n
“This system could have devastating effects on owner-driver employees in that they may stand to lose their livelihoods once their licenses have been suspended which could result in fleet operations being grounded.”<\/p>\n
Warnich added that drivers need to be aware of the demerit point system to avoid disciplinary action, either being suspended or dismissed.<\/p>\n
“It should be noted that it is possible to incur several demerit points in a single incident as the points awarded is per violation and not per incident,” she said.<\/p>\n