With South Africa set to roll out its controversial traffic offences demerit system in December, tourism sector leaders maintain that the new system could be a minefield for operators with vehicle fleets.
The Department of Transport will roll out the Administrative Adjudication of Road Traffic Offences (AARTO) Act in phases, starting with 69 municipalities – including major metros such as Cape Town, Durban and Johannesburg – from December 1.
Originally proposed in 1998, AARTO introduces a demerit points system for traffic violations. Accumulation of too many points can lead to licence suspension or cancellation.
In 2023, Onne Vegter, Chairman of SATSA’s Transport Committee, expressed concern that the legislation – in its then form – did not adequately differentiate between drivers and vehicle owners as demerit points accrued to the latter, unfairly penalising wheels operators.
The finalised legislation now provides the option for vehicle owners to nominate a driver after receiving an infringement notice. But Vegter said this has done little to allay concerns.
“The ability to nominate a driver is now at least an option but this must happen within 32 days. With our dysfunctional post office, there is no guarantee that vehicle owners will even receive a notification at all, let alone in time to respond and nominate a driver,” he said.
The nomination procedure places an onerous administrative burden on vehicle owners while the full adjudication process by the Road Traffic Infringement Agency (RTIA) remains unclear, added Vegter.
“After nominating the driver, it is up to the RTIA to accept or reject the nomination. The appeals process, if they reject the nomination, is not clear. This does not give me confidence that operators will not unfairly accumulate demerit points.”
He voiced doubts that the system will be effectively managed by the RTIA.
“Most of my concerns remain valid such as poor capacity and the demonstrated administrative incompetence of the state. Many different commentators have pointed out that South Africa simply does not have the administrative capacity and infrastructure to effectively administer a system like AARTO,” said Vegter.
Bodies including the Organisation Undoing Tax Abuse and the Automobile Association have consistently opposed the new legislation for, among other concerns, its potential to exacerbate bribery and corruption.
NPTR dysfunction further dents confidence
Ongoing issues with the renewal of tourism transport operating licences at the National Public Transport Regulator (NPTR) also dent wheels operators’ confidence, added Vegter.
“This has completely eroded the trust of the tourism transport sector in government’s ability to effectively regulate road transport. I am concerned that AARTO will be no different.”
Infringements racked up by operators who are unable to obtain their transport licences could pose additional problems, according to Francois Collin, Media Liaison at the National Federation of Tourist Guides and Affiliates South Africa.
“Will wheels operators, who have been unable to renew their licences due to the NPTR’s dysfunction, accrue demerit points? What will happen to existing infringements that were accrued due to the NPTR issue? This remains unclear and a cause for concern,” said Collin.
