What the 2024 AARTO delay means for South African motorists

Just this morning (Wednesday 6 February 2024), the Road Traffic Infringement Agency (RTIA) announced a new 2024 AARTO delay. What this next roadblock to the controversial laws means practically for South African motorists is anyone’s guess.

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However, since the Administrative Adjudication of Road Traffic Offences (AARTO) act was approved by the Constitutional Court last year, we’ve been trying to prepare motorists for how the driver demerit and fines system will actually work.

2024 AARTO DELAY

Essentially, there are two main elements South African motorists need to be aware when AARTO does eventually come online. Firstly, the serving of traffic fines under AARTO takes the form of a three-step process:

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An infringement can either be written and issued to the infringer on the side of the road or affixed to the vehicle at the time of the offence. In the case of a camera-recorded infringement, it can be legally served to the infringer by email now.

OPTIONS TO PAY FINES

Furthermore, on the infringement itself, you will see an admission of guilt fine applied to give an alternative, discounted rate (usually 50%). Moreover, the fine notice will also state the number of penalty points incurred from the infringement.

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Once received you have 32 days in which to do the following:

• Pay the traffic fine at the discounted rate. The demerit points against your driver’s license will still apply.
• You may pay the traffic fine in instalments. In which case the discounted rate falls away. Demerit points still apply.
• You may submit a written appeal contesting violation or refuting liability. Download the relevant form HERE.
• If you’re a juristic person/motor vehicle operator and not the driver, there’s the option to nominate another driver for the fine. Download the relevant form HERE.  

WHAT HAPPENS AFTER 32 DAYS?

If the infringer/recipient does not respond within 32 days, a courtesy letter will be issued reminding them of the outstanding fine. Thereafter, the following applies for the next 32 days (64 days in total since the fine was first received):

• You are liable for the full fine plus a R200 late fee. The applicable demerit points still apply.
• If you do not respond within 64 days, an enforcement order will be issued.
• If this is the case, the infringer/recipient is blocked from performing any license transactions on eNATIS.
• This includes driver’s license, PrDP or vehicle license transaction.
• You then have a further 32 days to pay the full fine plus R300. Only then will the enforcement order be removed from your record.
• Moreover, if the infringement is serious enough to be considered a criminal offence, you will be prosecuted under the Criminal Procedure Act.

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Are you happy about the 2024 AARTO delay? Or do you feel a driver demerit system would actually make South African roads safer? Be sure to share your thoughts with our audience in the comments section below. And don’t forget to follow us @TheSANews on X and The South African on Facebook for the latest updates.

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