{"id":757805,"date":"2024-03-06T09:21:54","date_gmt":"2024-03-06T07:21:54","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=757805"},"modified":"2024-03-06T09:22:01","modified_gmt":"2024-03-06T07:22:01","slug":"how-far-above-the-speed-limit-you-can-drive-before-getting-fined-in-south-africa","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/motoring\/757805\/how-far-above-the-speed-limit-you-can-drive-before-getting-fined-in-south-africa\/","title":{"rendered":"How far above the speed limit you can drive before getting fined in South Africa"},"content":{"rendered":"\n

South Africa’s new Administrative Adjudication of Road Traffic Offences (AARTO) driving laws give some leniency when it comes to speed limits in the country – allowing for a 10kmph ‘grace’ before fines and demerit points kick in.<\/p>\n\n\n\n

The Department of Transport and the Road Traffic Infringement Agency (RTIA) are in the process of rolling out the new driving system across the country.<\/p>\n\n\n\n

Phase 1 of the AARTO rollout started back in 2021 and has already been completed. Phase 2 \u2013 which is supposed to include the introduction of AARTO in 69 municipalities across the country \u2013 was expected to begin in February 2024 but has been postponed until further notice.<\/p>\n\n\n\n

Phase 3 will see the phasing in of AARTO in the remaining 144 jurisdictions, and phase 4 is the final step that will see the introduction of the points demerit system<\/strong> and the rehabilitation programme.<\/p>\n\n\n\n

Despite delays, the department has not mentioned any change to the target of having the system fully implemented by July 2024.<\/p>\n\n\n\n

Demerit system<\/strong><\/p>\n\n\n\n

The AARTO system is not entirely new to South Africa, with the road rules having been in effect in the City of Joburg and City of Tshwane since 2008.<\/p>\n\n\n\n

The points demerit system, however, is entirely new, and will be a significant change to all motorists in the country.<\/p>\n\n\n\n

Under the demerit system, vehicles are not punished by the system, but the operator\/juristic person is held responsible for the use of the vehicle.<\/p>\n\n\n\n

Upon implementation of the demerit system, everyone will commence with zero points, and each infringement will carry a ‘demerit point’ value that accrues on the licence of whoever was operating the vehicle at the time of the violation.<\/p>\n\n\n\n

If the demerit points exceed the maximum 15 points, a person, operator or juristic person who is not an operator will be disqualified from driving or using the vehicle for three months for every point surpassing the 15 points.<\/p>\n\n\n\n

There are well over 2,000 different violations for which demerit points apply. According to the available details on demerit points and penalties – as scheduled for Joburg and Tshwane – points for offences and infringements range between one and six. <\/p>\n\n\n\n

What’s notable is that the fines and demerit points in the schedules only kick in when travelling more than 10kmph over the speed limit in each zone<\/strong>.<\/p>\n\n\n\n

According to TopAuto<\/strong><\/a>, this 10kmph ‘grace’ is in place to accommodate minor calibration errors in vehicle speedometers between the many manufacturers of cars on the road and to avoid prosecuting persons for exceeding the speed limit by only 2 or 3km\/h and clogging up the legal system.<\/p>\n\n\n\n

The 10km\/h grace does not apply to average speed-over-distance prosecutions, though, which is more accurate and does not need to account for manufacturer or camera differences.<\/p>\n\n\n\n

In practice, this means that the minimum fine of R250 is only applicable when a driver is travelling between 71kmph and 75kmph in a 60kmph zone, for example.<\/p>\n\n\n\n

The first instance of a demerit point (and R500 fine) kicks in when the motorist travels between 76kmph and 80kmph in a 60kmph zone. This same pattern is apparent across the schedules. <\/p>\n\n\n\n

Demerits<\/strong><\/td>40 zone<\/strong><\/td>60 zone<\/strong><\/td>80 zone<\/strong><\/td>100 zone<\/strong><\/td>120 zone<\/strong><\/td>Fine<\/strong><\/td><\/tr>
0<\/td>51 to 55<\/td>71 to 75<\/td>91 to 95<\/td>111 to 115<\/td>131 to 135<\/td>R250<\/td><\/tr>
1<\/td>56 to 60<\/td>76 to 80<\/td>96 to 100<\/td>116 to 120<\/td>136 to 140<\/td>R500<\/td><\/tr>
2<\/td>61 to 65<\/td>81 to 85<\/td>101 to 105<\/td>121 to 125<\/td>141 to 145<\/td>R750<\/td><\/tr>
3<\/td>66 to 70<\/td>86 to 90<\/td>106 to 110<\/td>126 to 130<\/td>146 to 150<\/td>R1 000<\/td><\/tr>
4<\/td> 71 to 75<\/td>91 to 95<\/td>111 to 115<\/td>131 to 135<\/td>151 to 155<\/td>R1 250<\/td><\/tr>
5<\/td>76 to 80<\/td>96 to 100<\/td>116 to 120<\/td>136 to 140<\/td>156 to 160<\/td>R1 500<\/td><\/tr>
6<\/td>80+<\/td>100+<\/td>120+<\/td>140+<\/td>160+<\/td>***<\/td><\/tr><\/tbody><\/table><\/div>
*** at this level it becomes a criminal offence and the driver will face charges<\/figcaption><\/figure>\n\n\n\n
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How fines will work<\/strong><\/p>\n\n\n\n

Getting fined under the AARTO is also different. You can get one of two kinds of fines under AARTO, regardless of the traffic violation:<\/p>\n\n\n\n