How fast you can speed before losing your driver’s licence in South Africa

The Western Cape High Court recently ruled that it is unlawful for the police to arrest and detain motorists caught speeding in the absence of any reasonable grounds to suspect they had committed a Schedule 1 offence.

This follows an incident where a person was arrested and detained by police in 2019 after the car they were travelling in was recorded doing 188km/h in a 120km/h zone.

However, the person who was arrested was not the one who was driving at the time the speeding infraction was recorded, and they later challenged the arrest in court.

The High Court ultimately ruled that the individual’s arrest and detainment were unlawful, as speeding is not a Schedule 1 offence and the police did not have a warrant.

While this ruling sets a legal precedent for speeding-related arrests in South Africa, drivers can still face severe consequences for speeding.

As stipulated in the National Road Traffic Act, it’s possible for motorists to lose their licence for exceeding the speed limit.

This is particularly relevant given that the Administrative Adjudication of Traffic Offences (Aarto) Act is set to take effect from 1 July 2026.

Aarto will introduce a new demerit system where motorists will accumulate points on their licences for various driving offences, including speeding.

Once a person receives 15 points on their licence, it will be suspended for three months. If a person’s licence is suspended three times, it will be cancelled, and they will have to apply for a new one.

When you can lose your driver’s licence for speeding

Driving.co.za managing director Rob Handfield-Jones recently told MyBroadband that the recent High Court ruling won’t affect Aarto or the National Road Traffic Act.

“The court just found that summary arrest wasn’t justified for this particular category of offence,” Handfield-Jones said.

“In case potential offenders believe that such offences will now be treated more leniently, they would do well to read Section 35 of the National Road Traffic Act.”

Section 35 states that motorists who are caught driving recklessly will have their licences suspended.

“Reckless driving” in this instance includes speeding, with different thresholds for each road type.

In urban areas, which typically have a speed limit of 60km/h, the threshold for reckless speeding is 30km/h or more over the limit.

This increases to 40km/h for rural roads with a limit of 100km/h, as well as freeways with a 120km/h limit.

“If a driver is convicted of exceeding the posted speed limit by more than the specified margins, their driving licence will be suspended for ‘at least’ six months for a first offence,” said Handfield-Jones.

A second offence will elevate the suspension to a minimum of five years, which doubles to “at least” 10 years for third and subsequent offences.

The act states that the suspension is calculated from the date of the sentence. However, courts may refuse to enforce a licence suspension in unique circumstances.

It notes that if a court is satisfied that circumstances exist which do not justify a suspension, it may order that the suspension or disqualification shall not take effect or be enforced for a shorter period.