South Africa’s new traffic laws, which include a demerit system, are standing on shaky ground as public entities await the Constitutional Court to rule on their validity.
The Road Traffic Infringement Agency is pushing ahead with the rollout of the Administrative Adjudication of Road Traffic Offences Act “in its current form” as the agency waits for the Constitutional Court to rule on the legality of the system.as the biggest risk for its rollout plans, which envisions the system being fully implemented over the MTEF period .
This includes running 270 awareness campaigns on the new laws this financial year and presenting a new revised adjudications framework. The three-year plan is to assess the readiness for the system in 2023/24, implement the system in 2024/25 and then assess the system’s implementation in 2025/26. Motorists will have a maximum of 15 points, and each infringement would remove points based on the severity of the violation. Once the points are all gone, the licence in question is suspended or disqualified and confiscated. Upon a third disqualification, the licences will be cancelled.
Most of the Aarto laws already apply in the City of Johannesburg and the City of Tshwane – excluding the demerit system linked to driving licences – but not in the rest of South Africa. The Aarto Amendment Act was intended to roll the law out across the country and add the demerit system.
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