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Transport Minister Fikile Mbalula has released new information on South Africa’s administrative adjudication of traffic offenses (Aarto) regulations and the introduction of the country’s driving demerit system.
The 540-page directive states that the new Aarto Law must be implemented nationally in July 1, 2021.
The demerit point assignment will then be entered in three phases ensure that road users gradually become aware of the implications of the demerit point system.
This will avoid a situation where many vehicles are suspended and numerous drivers are disqualified shortly after the system is implemented, the Department of Transportation said.
He said the regulations will have a “great impact on the economy” as well as on the social welfare of road users.
At the same time, it is necessary to change the behavior of drivers and create a safer road environment. The phased approach seeks to create this balance, the department said.
Phase one
Phase one will allow demerit points for speeding, dangerous overtaking, and other dangerous driving behaviors, such as failing to stop at traffic lights and stop signs, other traffic sign violations, as well as traffic condition violations and violations. on the brakes, lights, etc.
It will also include crimes and offenses for not driving with a valid driver’s license or professional driving license and not having a certificate of fitness to circulate for a vehicle.
Phase two
Phase two will be introduced once the Traffic Violation Agency (RTIA) has evaluated the effect of the demerit point allocation.
Demerit points will be assigned to crimes and infractions of economic importance and will include the protection of roads and bridges through the control of surges, cross-border road transport permits and operating licenses in terms of national land transport legislation.
Vehicles that do not meet the requirements for maximum dimensions and projections will also receive demerit points in phase two.
Failure to pay license fees will also be added to the list of crimes and infractions that carry demerit points.
Phase three
The third phase will add relevant crimes and infractions to the failure to update addresses and other relevant information of owners, operators, drivers, holders of cross-border road transport permits and holders of operating licenses.
All infractions and infractions processed through cameras and infractions and infractions related to parking will carry demerit points for the vehicle of the corporate owner, when said owner does not designate the driver in terms of section 17 (5) and regulation 5 of the Aarto Law and regulations.
This will encourage corporate vehicle owners to nominate the drivers who commit crimes and infractions rather than paying for the notices on behalf of the corporate entity and not identifying the driver who committed the crime or infraction, the department said.
“Driving without a driver’s license and operating a motor vehicle without being registered and without licenses are criminal offenses. This principle also applies to the lack of an operator card, cross-border road transport permit or operating license.
“These documents are extremely important and in terms of article 25 of the Aarto Law, they are suspended when the maximum of 15 demerit points is exceeded.”
Points of demerit
The Aarto Law provides for a system by which a person, operator or company (legal entity) pays the penalty and incurs points when a traffic offense is committed.
Demerit points are assigned to motor vehicle owners and operators. If a vehicle is suspended, it cannot be sold or used on public roads.
If an operator or legal entity sells a vehicle or scraps or exports said vehicle, the demerit points will remain against the operator / legal entity registration and will be assigned to the next vehicle purchased by the company.
However, vehicles are not punished by the system, only the driver / legal person is responsible for the use of their vehicle.
The points will work as follows:
- The offender / offender receives a penalty and, in addition to the penalty, also receives the demerit points assigned to the specific offense or infraction.
- If the demerit points exceed the maximum points (15 points), a person will be disqualified from driving or using the vehicle for a period of time (three months for each point that exceeds 15 points);
- Points for crimes and infractions range between six and one;
- The maximum for a person or operator card or a license disk for a legal person that is not an operator is 15 points;
- The maximum for a learner driver is six points;
- The time value of each point is three months for the purposes of disqualification or reduction;
- If demerit points are assigned to the registration of a person or vehicle and no further demerit points are accumulated within three months after receiving the previous demerit point, a reduction of one point in the total number of demerit points will be recorded in the system.
- A person’s driver’s license card and a motor vehicle operator’s card must be surrendered for the disqualification period;
- After a third disqualification, the licenses will be canceled. A person must apply for a new learner’s license and a new driver’s license after the disqualification period is over.
‘Legal person’
Provisions for a ‘legal person’ that is not an operator were added to the Aarto draft in 2019.
The term refers to companies, closed corporations, trusts, etc. who have motor vehicles licensed in the name of the legal entity but do not require operator cards.
Generally, group vehicles, delivery vehicles, and representative vehicles are included in this category.
Subject to the above, the license disk of these vehicles will be suspended if the vehicle accumulates more than 15 demerit points.
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