The implementation of the Administrative Adjudication of Road Traffic Offences (AARTO) Act is officially underway, but its most radical aspect has yet to be implemented.
President Cyril Ramaphosa proclaimed key provisions of the AARTO Act into law in 62 major municipalities on 1 July 2026.
The new regulations were also published. These regulations form phase two of the legislation, which has been repeatedly delayed over the years.
AARTO was previously set to launch on 1 December 2025, but was postponed at the last minute because several municipalities weren’t ready to implement it.
Amandlaka Thixo Magubane and Chloë Loubser from Bowmans said that AARTO was originally enacted in 1998 to promote road safety by creating a scheme for managing road traffic infringements via:
The Amendment Act, which was assented to in 2019, introduced major reforms to the laws, including the concept of a ‘habitual infringer.’
These infringers would be prescribed a new rehabilitation programme. The reforms also established a new Appeals Tribunal with national jurisdiction.
AARTO was first implemented in a pilot phase in the Tshwane and Johannesburg metros in 2008. It was supposed to be introduced nationwide years ago, but has been delayed by several court challenges.
Magubane and Loubser said that recent proclamations are the most significant national expansion of the scheme to date.
It brings key aspects of AARTO and the provisions of the Amendment Act, with one exception, into effect across the 62 municipalities.
The provisions concern infringement notices, courtesy letters and enforcement orders. There are also provisions for representations from the infringer’s perspective.
“These constitute the operative core of the AARTO administrative adjudication scheme, meaning that the new enforcement regime can now commence in practice in the affected areas,” said Loubser.
What’s still to come
While the nationwide AARTO rollout has begun, one major aspect that has yet to be implemented is the driver licence demerit point system.
This system is not included in the latest proclamation notices. When it is finally launched, all drivers in South Africa will start with a clean profile with zero points.
Various driving violations will then incur points on their licence. The number of points received ranges from 1 to 6, depending on the severity of the action.
Once a person exceeds 15 points on their licence, it will be suspended for a period of three months for every point over the limit.
During this time, the individual is not allowed to drive, and doing so will be considered a criminal offence.
A licence can only be suspended twice. If a repeat offender exceeds the limit a third time, their licence will be permanently cancelled.
They will therefore be required to retake their learner’s test and driver’s test once the suspension period is over.
Section 2(g) of the Amendment Act empowers the relevant road authority to administer rehabilitation programmes for habitual infringers.
Individuals who complete the programme can reduce their suspension period. However, this system has also yet to be implemented
The experts said that both the demerit system and the rehab programme are set to launch in Phase 4 of the rollout, which is currently scheduled for 2027.
Phase 2, meanwhile, has already affected major cities in every province with the exception of the Western Cape, which has been temporarily excluded.
Major municipalities affected include:
- Buffalo City (East London),
- Nelson Mandela Bay (Gqeberha);
- Mangaung (Bloemfontein);
- City of Ekurhuleni, City of Johannesburg, City of Tshwane;
- eThekwini (Durban),
- Msunduzi (Pietermaritzburg);
- Polokwane;
- City of Mbombela (Nelspruit);
- Sol Plaatjie (Kimberley); and
- Rustenburg
The remaining 151 municipalities will be incorporated into AARTO in Phase 3 of the rollout later this year.
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