Widespread confusion erupted across South Africa last week when several media agencies reported that the Administrative Adjudication of Road Traffic Offences (AARTO) Act would be implemented nationwide on 5 June. The news caused significant public concern, as the legislation promises to introduce dramatic changes to the country’s traffic-enforcement system.
Subsequent reports then stated that the national roll-out would be 1 October 2025, but this also seems not to be the case.
The Road Traffic Infringement Agency (RTIA), AARTO’s appointed administrator, has categorically dismissed these reports as “fake news” through multiple official statements and social media posts. Its spokesperson, Monde Mkalipi, confirmed on national radio that “there is currently no established timeline for a national AARTO roll-out.”
“We wish to clarify that, at this stage, no official confirmation has been provided by the Department of Transport – AA
Despite being in development for years, AARTO’s nationwide implementation is still in its early stages. The system was originally planned to roll out in four phases, beginning in 2021:
Phase 1 (Originally planned for September 2021): Establishing service outlets, enabling the NaTIS system to collect AARTO payments, allowing processing of elective options, and conducting awareness campaigns. This phase is still in progress.
Phase 2 (Originally planned for December 2021): Bringing 67 local and metropolitan municipal areas into the AARTO system, establishing more service outlets, implementing the adjudication process across all provinces, and bringing the Appeals Tribunal into full operation. This phase has not yet started.
Phase 3 (Originally planned for June 2022): Including the remaining 144 local municipal areas. This phase has not yet started.
Phase 4 (Originally planned for July 2022): Implementing the points demerit system, introducing the rehabilitation programme and establishing AARTO self-service kiosks. This phase has not yet started.
Based on the original timeline, there is a 10-month gap between the start of Phase 2 and the full implementation of AARTO with the points demerit system. Even if Phase 2 were to begin immediately, full implementation would not occur until at least April 2026.
What steps remain before AARTO can be implemented?
According to RTIA, several critical steps must still be completed before AARTO can be implemented nationwide:
– The proclamation of an implementation date, which lies with President Cyril Ramaphosa
– Finalisation of “documentation” and regulations by the RTIA and Department of Transport
– Appointment of an Appeals Tribunal to handle disputes
What AARTO will mean for the public
Once fully implemented, AARTO will introduce significant changes to how traffic violations are handled in South Africa:
Key changes under AARTO:
• Demerit Points System: Drivers will receive demerit points for traffic violations. Accumulating too many points could lead to license suspension.
• Classification of Violations: Traffic violations will be categorised as either “infringements” (less serious) or “offences” (more serious).
• New Adjudication Process: A new administrative process for handling traffic violations, reducing the burden on courts.
• Appeals Tribunal: A dedicated tribunal will handle disputes related to traffic violations.
• Stricter Penalties: Enhanced penalties for common offences including speeding, drunken driving, reckless driving, using mobile phones while driving, ignoring traffic signals, not wearing seatbelts and operating unroadworthy vehicles.
The authorities claim that AARTO will substantially reduce the burden on South Africa’s already strained court system by creating an administrative process for handling routine traffic violations. Road safety is expected to improve through more consistent and stricter enforcement of traffic laws, with authorities hoping the deterrent effect of the demerit system will encourage better driving behaviour. The new system promises more efficient processing of traffic violations through streamlined procedures and standardised penalties. Additionally, the centralised electronic adjudication process aims to reduce administrative inefficiencies and create a more transparent system for handling infractions.
Critics have, however, voiced significant concerns about the implementation of AARTO, arguing that the new system may significantly complicate the process for motorists who wish to dispute unfair or incorrect fines. There are fears that law-abiding motorists could be unfairly penalised in an enforcement environment, where corruption remained a persistent problem, potentially creating opportunities for abuse of the system. The Road Freight Association has taken a firm stance against the current version of AARTO, asserting that it fails to provide benefits to any stakeholders in the transportation ecosystem; neither fleet operators nor private drivers, vehicle owners or the broader economy would see advantages from the system as currently designed.
Current implementation
AARTO has been in trial phases since 2008 in limited areas, primarily Pretoria and Johannesburg. However, the success of these trials has been mixed, with challenges in implementation and enforcement.
A significant development occurred in July 2023 when the Constitutional Court overturned a previous High Court ruling that had declared AARTO unconstitutional, clearing the legal pathway for broader implementation.
The Automobile Association (AA) of South Africa has urged caution regarding implementation rumours. Lebogang Kholoane, Marketing Manager of the AA, stated: “We wish to clarify that, at this stage, no official confirmation has been provided by the Department of Transport. While we continue to stand by our long-held position that the AARTO system, in its current form, is unlikely to achieve its stated objectives of improving road safety and significantly reducing road fatalities, we believe it is premature to comment further on any rollout until official communication is received from the relevant authorities.”
While AARTO remains a key initiative in South Africa’s efforts to improve road safety and traffic enforcement, its nationwide implementation appears to be at least a year away, if not longer. The public should be wary of unofficial implementation dates and should wait for formal announcements from the Department of Transport or the Presidency.
The RTIA and Department of Transport continue to work on finalising the necessary regulations and establishing the required infrastructure for AARTO’s implementation. When official dates are announced they will be communicated through proper government channels.
Meanwhile, motorists should familiarise themselves with the proposed changes under AARTO, a necessary preparation for when the system is eventually implemented nationwide.
