South Africa’s Demerit System and Your Driving Licence

Globally, countries have adopted demerit systems to curb negligent driving. South Africa is following suit and has planned the national rollout of its demerit system for 1 July 2021. Here’s what you need to know.

How the demerit points system works

Penalty points will be systematically allocated against drivers for each recorded traffic offence. The points will work as follows:

1. Fines will be issued for road traffic-related offences. 

2. When the fine is paid for, demerit points will be added to the offender’s profile and reflected on the National Contravention Register. 

3. The offender will be disqualified from driving after receiving 15 demerit points. 

4. For every point exceeding 15 points, the offender’s license will be suspended for a period of three months.

5. After every three months, one point will be deducted if no other contraventions are incurred by the driver. 

6. Driver’s licence cards must be handed in for the disqualification period.

7. On the third disqualification, a motorist’s license will be cancelled. The driver will need to apply for a new learner’s and driving licence once the disqualification period is over.

8. Points for offences and infringements range between one and six.

9. Learner drivers are allowed a maximum of six points.

Phasing in the demerit system 

South Africa’s demerit system will be phased in using a three-phase approach as follows:

Phase 1

Demerit points will initially be assigned for the following contraventions:

1. Failing to stop at a traffic light, stop sign or other road sign infringements.

2. Dangerous overtaking and other hazardous driving.

3. Roadworthy offences include driving a car with under-inflated tyres and faulty brakes and lights. 

4. Driving without a license. 

Phase 2

Demerit points will be allocated to offenses and infringements of economic significance, including:

1. Protection of roads and bridges through overload control.

2. Cross-border road transport and operating licences in terms of the national land transport legislation.

3. Overloading vehicles 

4. Infringements relating to the transport of dangerous goods.

5. Vehicles that don’t comply with the requirements for maximum dimensions and projections

6. Failure to pay license fees

Phase 3

Further demerit points will be added during the final phase for the following offenses:

1. Failure to update address, proxy, and other relevant information of owners, operators, drivers, cross-border road transport permit holders, and operating license holders.

2. Offenses and infringements are prosecuted by means of cameras and parking-related offenses.

3. Other offenses and infringements, such as driving without a valid permit. 

Selling a vehicle

1. Selling a vehicle does not rid car owners of their demerits. Demerits remain on the person’s record and not on the vehicle. 

2. Vehicles belonging to owners with suspended licences may not be sold or used on a public road. 

The demerit system in the workplace

Privacy rules apply and employers will only be allowed to access an employee’s demerits after submission of an AARTO 27 form, completed by their employee. 

When an organisation becomes aware of an infringement against one of their vehicles:

1. The company will need to clarify which driver is responsible for it. 

2. To do this the company will need to submit an AARTO 07 form. 

3. Once processed, the notice will be withdrawn from the vehicle owner and issued against the driver. 

Employers will need to plan well ahead of the implementation of the demerit system to handle associated risks appropriately. This includes deciding on consequences for employees who drive to fulfil their duties and for those who simply travel to and from work.

Infringement disputes

After the demerit system has been implemented, infringement notices may be sent to offenders via SMS, email, social media and WhatsApp. Should you disagree with an infringement notice, you’ll be able to dispute it with the Road Traffic Infringement Agency. Should your appeal be unsuccessful you’ll be able to make representation at the Special Appeals Tribunal to have the offence set aside. It’s worth noting that you will no longer be able to appear in court to challenge the matter. 

More details can be found in the Administrative Adjudication of Road Traffic Offences (AARTO) Regulations Act 46 of 1998. Read it and ensure you’re always able to drive freely on South Africa’s roads. 

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