This points-based system will allocate points to drivers who commit traffic offences. These will be added to their permanent record and at a set number of demerits, drivers will lose their licences. The system is set to be rolled out this year (2015).
The agency’s Japh Chuwe says, “We will be starting the national roll out in this particular year, 2015. The exact date which the minister will be pronouncing herself.”
How does the point-based “demerit system” drivers licencing in South Africa work?
According to Gage Car Hire, this is what they could establish:
In addition to a normal fine (we are used to those) demerit points are recorded against offending drivers. Every person starts with zero points and the maximum permissible number of demerit points is twelve. When twelve points are reached, the driver’s licence will be suspended for three months for every demerit point exceeding the twelve point threshold. Law abiding road users are rewarded by seeing the demerit points reduced by one point every three months down to zero if no contraventions occur during that period. A licence will be cancelled when it has been suspended for the third time.
On receiving an infringement notice via registered mail or in person, the driver will be advised of the number of demerit points earned and have the following options, which they must attend to within the first 32-day period:
- Pay a discounted penalty (50 per cent).
- Make a representation to the Road Traffic Infringement Agency.
- Arrange to pay in instalments.
- Nominate the driver of the vehicle.
- Elect to be tried in court.
Should the matter not be settled per above within 32 days from the date of the infringement notice, you will be served with a courtesy letter, requesting you to take action within 32 days from date thereof. You no longer have the option of a discounted penalty and you will have to pay a courtesy letter fee. On receipt of the courtesy letter you may:
- Make a representation to the Road Traffic Infringement Agency.
- Arrange to pay in instalments.
- Nominate the driver of the vehicle.
- Elect to be tried in court.
Should you not respond to the courtesy letter, you will be served with an enforcement order. The order will demand that you pay the penalty, the courtesy letter fee, plus an additional enforcement fee within 32 days from the date of the letter of enforcement. Once the enforcement order has been served, the previous options are no longer available to you. Your only option is to apply for the revocation of an enforcement order.
Should you not respond to the enforcement order in a satisfactory manner, a warrant will be issued and handed to the sheriff for immediate execution. The warrant may allow the sheriff to:
- Seize and sell your movable property to defray the penalty, fees and costs applicable.
- Seize and deface your driver’s licence and/or professional driving permit.
- Remove and deface the licence disks of all your vehicles.
- If applicable, seize and deface the operator cards of all the vehicles for which you are the registered operator.
- Immobilise all your vehicles.
When you receive an infringement notice, a courtesy letter or when your representation for an infringement fails, you may elect to go to court. To elect to go to court you have to give notice by completing form AARTO 10 and submit to the Road Traffic Infringement Agency in the prescribed manner indicated on the form. Upon receipt of your notification, the agency will cancel the infringement notice and issue and serve on you a summons to appear in court. You will also receive a form AARTO 05 acknowledging receipt of your notification.
If you don’t sign for infringement at the Post Office
In terms of the AARTO Act, a document that is sent by registered mail is deemed to have been served on the infringer on the tenth day after the date of postage that appears on the registered slip. It is therefore assumed that you have received the infringement and if you fail to collect same from the post office, the process will continue and you will be sent a courtesy letter.
The Administrative Adjudication of Road Traffic Offences Act 1998 is currently in its pilot phase in Tshwane and in the Johannesburg municipal area. It is envisaged that it will be rolled out nationally during 2015 to replace the current systems which falls under the Criminal Procedure Act. The Road Traffic Infringement Agency has confirmed that it will be implementing the points demerit system across the country this year.
While this system in theory should result in benefits for law abiding individuals in real first world countries, this system will only arm corrupt cops with more ammo to exploit the public and increase bribes as corruption seems to become the national sport in South Africa under Jacob Zuma. You will also see the same situation as in the UK where your insurance will go up if you have points on your license.
As published on arrivealive.co.za
Guideline to the points to be deducted (these have not be finalised as yet):
- Owning an unregistered vehicle: penalty (fine) of R500 and 02 demerit points;
- Leaving your licence at home: penalty (fine) of R500 and 02 demerit points;
- Not wearing your seatbelt: penalty (fine) of R250 and 01 demerit point;
- Skipping a stop sign: penalty (fine) of R750 and 03 demerit points;
- If you overload your vehicle by more than 25%: penalty (fine) of R1250 and 03 demerit points (eg taxi drivers cramming 20 people into a 16 seater vehicle).
Deductions for speeding:
- Going over the limit by no more than 20%: penalty (fine) of R500 but no demerit points (eg 72 kph in a 60 zone, 120 kph in a 100 zone, and 144 kph in a 120 zone);
- 21% to 30% over the limit: penalty (fine) of R500 and 01 demerit point (eg 121 kph in a 100 zone or as much as 156 kph in a 120 zone);
- 31% to 45% over the limit: penalty (fine) of R750 and 02 demerit points (plus an immediate suspension of the licence for three months) – driving 87 kph in a 60 zone, as little as 131 kph in a 100 zone, or up to 174 kph in a 120 zone.
- The next level is between 46% and 60% over the limit: penalty (fine) of R1250 and 03 demerit points (plus an immediate suspension of the licence for six months) – driving 96 kph in a 60 zone or 192 kph in a 120 zone;
- Should you go further over the limit, you’ll have to explain to the nearest magistrate, who will impose a hefty fine if you’re found guilty. You’ll also automatically receive 04 demerit points.
It is further important to note that:
- You will only be allowed to drive once you have got back to 12 points (or below) – at this stage a three month waiting period based on one point (times each point over 12 by three months);
- If you lose your licence a second time, you might have to make representation to the Department motivating why you deserve to have your licence returned.
Again South Africa is forced into a new system, same as e-tolls, that they don’t want and did not vote for. We will have to wait to find out what the final details will be.
