FAQ: Do AARTO fines apply to the vehicle or driver? Illustration: Pixabay.
There is wide-spread confusion about whether AARTO fines apply to the vehicle or driver after they’re issued. We have clarification.
FAQ: Do AARTO fines apply to the vehicle or driver? Illustration: Pixabay.
Now that AARTO fines have been declared lawful by the Constitutional Court, South Africans are asking for clarification. How will the laws be implemented and policed? More specifically, do AARTO fines apply to the vehicle or driver?
The clear answer is that the 2 659 AARTO fines listed on its website apply to the vehicle’s driver and not the vehicle itself. However, provision is made for AARTO fines to apply to a motor vehicle operator/juristic person when applicable. For example, vehicles owned by a company and driven by others.
In the event of a traffic infringement, AARTO fines and demerit points are applied to the motor vehicle operator/owner of the vehicle. So, if it’s a work/fleet vehicle and the driver/infringer is not the vehicle’s owner, the penalties will go to whomever the car is registered to.
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The AARTO Act was amended back in 2019 to make provision for a juristic person who is not the driver/infringer but is the motor vehicle operator responsible for the vehicle.
This refers to a company, closed corporation, trust, etc., that has motor vehicles licensed in its name. Delivery vehicles, rental cars, minibus taxis and other fleet vehicles fall into this category.
If the vehicle is in your name, AARTO fines and driver demerit points apply to you. However, in line with the provision for a juristic person, the license disc of the vehicle will be suspended if the fleet/pool vehicle accrues more than 15 demerit points.
Demerit points are applied as follows:
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The points you will accrue for AARTO fines range between 1 and 6. We’ve made a comprehensive list of major violations and how much they will cost you in money and demerit points: