The Road Freight Association (RFA) has raised concerns about the nationwide expansion of the Administrative Adjudication of Road Traffic Offences (AARTO) system, warning that while the goal of improving road safety is commendable, the current model is overly complex and could place significant pressure on businesses, municipalities and drivers.
AARTO officially entered its second phase on 1 July 2026, expanding to 62 municipalities across South Africa. However, the Western Cape has been excluded for now.
The RFA says one of its biggest concerns is the administrative burden that could result from appeals against traffic infringements. The association argues that a single national appeals tribunal may struggle to cope with the volume of cases generated by the new system.
“The intentions are noble – but the scope is too vast and the structure and processes far too intricate,” said RFA CEO Gavin Kelly. “From the beginning, the Association has said – make it simpler, make it focused and make it accessible.”
It is also strongly opposed to demerit points being allocated to vehicles, saying this could negatively affect fleet operators, vehicle sales and business operations. The association argues that roadworthy vehicles should be allowed back onto the road once defects have been repaired, rather than being penalised through a demerit system.
“The Association cannot say it loudly enough, or repeat it enough times – Scrap points on vehicles!”
The RFA further questioned whether AARTO’s demerit-point system will successfully change driver behaviour, particularly in a country where public transport alternatives remain limited.
AARTO explained: Your questions answered
What is AARTO?
AARTO stands for the Administrative Adjudication of Road Traffic Offences Act. It was introduced to move traffic infringements out of the criminal court system and into an administrative process aimed at improving road safety and compliance with traffic laws.
How is it different from the current system?
Under the existing Criminal Procedure Act system, unpaid traffic fines can ultimately be dealt with through the courts. AARTO replaces this with an administrative process involving infringement notices, representations, appeals and, eventually, demerit points for repeat offenders.
Are demerit points already in force?
No. Although AARTO’s administrative processes came into effect on 1 July, the demerit points system has not yet been implemented. Government is expected to introduce demerit points in a later phase, currently planned for 2027.
What is the demerit points system?
The demerit points system is designed to discourage repeat traffic offenders by putting their driving privileges at risk. Although it has not yet been introduced in South Africa, this is how it is expected to work:
- Every driver starts with zero demerit points.
- Different traffic offences carry different point penalties.
- Points are added when a fine is paid, a court finds a motorist guilty, or an enforcement order is issued.
- Drivers can accumulate up to 15 points before facing suspension.
- For every point above the 15-point limit, a licence is suspended for three months.
- A driver who reaches 18 points, for example, would face a nine-month suspension.
- A licence can only be suspended twice. A third breach could result in the licence being cancelled, requiring the driver to start the licensing process again from scratch.
- Driving while your licence is suspended is a criminal offence.
The demerit points system is expected to form part of a later phase of AARTO’s national rollout, currently planned for 2027.
Why is the Western Cape not part of the rollout?
The City of Cape Town formally objected to the implementation of AARTO, arguing that several legal and operational requirements had not yet been met. Concerns included problems with registering enforcement officers on the National Traffic Information System (NaTIS), the absence of supporting legislation, reliance on postal services for notices, training requirements and the potential financial impact on municipalities.
What happened after the City objected?
Following a formal dispute process, Transport Minister Barbara Creecy agreed to suspend Phase 2 implementation in the Western Cape while discussions continue. Cape Town says it is not opposed to AARTO itself, but believes the system should not be introduced until key concerns have been resolved.
What system applies in the Western Cape for now?
Motorists in the Western Cape remain under the existing Criminal Procedure Act traffic-fine system. Traffic fines continue to be processed through the current court-based framework rather than the new AARTO administrative system.
When could AARTO arrive in the Western Cape?
Government has indicated that a further implementation phase is planned for 2027, which is expected to extend AARTO to the remaining municipalities, including those in the Western Cape.
Which parts of South Africa are using AARTO now?
The system is now operating in 62 municipalities across all provinces except the Western Cape, including major metros such as Johannesburg, Tshwane, Ekurhuleni, eThekwini, Mangaung, Buffalo City and Nelson Mandela Bay.
