Point penalties awaiting drivers

From next year, licences will be suspended, revoked for contravening Aarto rules, writes Gareth Wilson

MOTORISTS will soon be penalised for shoddy driving, which could see their licences revoked or even cancelled if they fail to comply with traffic regulations. This is part of the Administrative Adjudication of Road Traffic Offences (Aarto), expected to be rolled out nationally next year, with the point demerit system.

The new regulations – which relate to more than 2 000 road traffic transgressions -– aim to clamp down on speeding and reckless drivers. This comes on the back of a recently introduced National Road Traffic Act amendment which now makes it compulsory for all vehicle owners to provide proof of residence when renewing or applying for licences.

The new demerit system could see a motorist’s licence suspended for three months for every point above the 12-point threshold per year. If the licence has been suspended three times, it will be permanently revoked. Once it is cancelled, the driver has to either go for special driving lessons or reapply for the driver’s licence from scratch.

If no infringements occur within a three-month period, a point will be deducted. Criminal offences, which would automatically score six points, include crossing a barrier line, drunk driving and exceeding the speed limit by more than 40km/h. “Minor infringements”, including not wearing seat belts, a cracked windscreen, faulty lights or exceeding the speed limit by 20km/h to 40km/h, would see certain points deducted and a fine issued.

Similar demerit systems are already in use in countries such as Australia and the UK. Nelson Mandela Bay municipal spokesman Mthubanzi Mniki failed to respond to several questions to ascertain the state of preparedness of the traffic department. To oversee the nationwide implementation of the act, the Transport Department established the Road Traffic Infringement Agency (RTIA).

Despite the national roll-out earmarked for April, RTIA spokesman Mthunzikazi Mbungwana said they would only be able to confirm an exact date once the Amendment Bill was approved by parliament and President Jacob Zuma had assigned a date. But Mbungwana confirmed next year was the planned time for the roll-out.

The Amendment Bill is before parliament after being tabled last week. Mbungwana said new regulations would replace the current fine amounts in all municipal districts across the country, ensuring a standard national norm. The Aarto Act and the points demerit system will be rolled out simultaneously.

Mbungwana said a delay had been caused due to consultations with stakeholders, including municipal authorities. Motorists will also have the option, upon either admitting guilt and paying a fine or being found guilty in court, to pay off the total amount in instalments. Asked if any glitches were being experienced as the project neared its roll-out stage, Mbungwana said: “This is an ongoing process. “Municipalities continue to upgrade their systems to ensure that everyone on the value chain is ready when the implementation stage arrives.”

Justice Project South Africa chairman Howard Dembovsky said glitches and possible resistance from local municipalities should be expected. “Like with any national roll-out of a project that is not only law, but is an IT-driven system, we do indeed envisage a few problems arising. One of the biggest problems we foresee, however, is the fact that very little education of members of the public and law enforcement officers has taken place.”

Dembovsky said the demerit and fine system was supposed to be dependent on the seriousness of an infringement. However, this was not reflected in the regulations. One example given is a R500 fine and one demerit point for speeding between 15km/h to 20km/h over the 120km/h limit on the freeway.

The same fine is given to motorists who jump red traffic lights, possibly causing fatal crashes. When asked if the Justice Project supported the legislation, Dembovsky said: “Firstly, a points-demerit system is way overdue in South Africa, despite the fact that it has been spoken of for more than 50 years. “Secondly, the prescribed procedures and timelines contained in the act benefit both the public and law enforcement agencies.”