Driving licence regulations in South Africa are about to change significantly as the government confirmed the nationwide rollout of the Administrative Adjudication of Road Traffic Offences (Aarto) Act from 1 December 2025. While this legislative move promises to tighten road safety and reduce reckless driving, experts and civil society organisations remain sceptical about its practical effectiveness.
Driving License Overhaul: Aarto System to Reshape Road Rules
President Cyril Ramaphosa recently announced that Aarto will initially be introduced across 69 metros and municipalities this December. The remaining 144 municipalities will join the system from 1 April 2026, ensuring full national coverage.
A core component of this law the driving licence demerit system will only take effect on 1 September 2026. This system aims to encourage safer driving by allocating penalty points to motorists for various infractions. The more serious the violation, the higher the number of demerit points. Accumulating 15 points or more will result in a licence suspension, lasting three months for every point over the limit.
Ideal in Theory, Problematic in Practice
Although the Aarto Act is positioned as a smarter, more efficient administrative process that avoids lengthy court procedures, many question whether it will deliver real results.
According to Advocate Stefanie Fick of the Organisation Undoing Tax Abuse (Outa), the concept may look good on paper, but implementation has been deeply flawed especially during pilot phases in Johannesburg and Pretoria.
“In theory, it’s about improving driver behaviour through penalties,” she said during an interview with 702. “But the rollout has been marred by administrative issues, lack of resources, and ineffective enforcement.”
Logistical and Financial Constraints
One of the key procedural requirements of the Aarto Act is that infringement notices must be delivered either in person or via registered mail. However, during early implementations, authorities reportedly ran out of funds and could not consistently meet this requirement.
Fick explained that if authorities fail to send a notice and a follow-up letter within 32 days, the offence cannot legally be enforced rendering the system ineffective from the start.
“Do you think people are driving better in Joburg?” she asked rhetorically. “No. The behaviour hasn’t changed because the process isn’t being followed properly.”
Double Trouble for Fleet Operators and Owners
One concern emerging from the demerit system is its impact on both drivers and vehicles. A single offence could result in points being assigned to both the person behind the wheel and the car itself.
“This is especially problematic for fleet companies,” said Fick. “If a vehicle is deemed unroadworthy, both the driver and the car may accrue points. Eventually, you could lose both drivers and usable vehicles.”
Additionally, South Africa’s ongoing issues with cloned or stolen vehicles may compound the challenges. Innocent motorists could face demerits or fines due to duplicated license plates or criminal misuse of their vehicles—potentially leading to licence suspensions for offences they never committed.
Legal Hurdles and Delays
Initially set to go live in July 2022, the Aarto Act faced multiple legal challenges that delayed its implementation. It was only in July 2023 that the Constitutional Court ruled the act to be valid and in line with the Constitution, clearing the path for its enforcement.
| Violation | Fine Amount | Demerit Points |
|---|---|---|
| Speeding by 11–15 km/h | R250 | 0 |
| Speeding by 16–20 km/h | R500 | 1 |
| Speeding by 21–25 km/h | R750 | 2 |
| Speeding over 40 km/h | Court Hearing | 6 |
| Ignoring a stop sign or traffic light | R750 | 2 |
| Failing to use indicators | R500 | 1 |
| Driving without a licence | R1,250 | 4 |
| Unregistered vehicle | R1,000 | 3 |
| No valid licence disc | R1,000 | 3 |
| One number plate only | R500 | 2 |
| No number plates | Court Hearing | 6 |
| Not keeping left | R1,000 | 3 |
| Failing to stop at accident scene | Court Hearing | 6 |
| Driving under the influence | Court Hearing | 6 |
| Providing false information | Court Hearing | 6 |
Reform or Futility?
While the nationwide rollout of the Aarto Act and its demerit system signals a bold step toward improving road discipline, doubts about its enforceability, fairness, and resourcing remain widespread. Until administrative shortcomings and infrastructure challenges are addressed, the system may risk becoming yet another well-intentioned reform that fails to deliver real change on South Africa’s roads.
Related article: Limited Validity on Driving Licence Cards Doesn’t Improve Road Safety – Experts Warn
