This week, the National Department of Transport made headlines with its announcement to delay the expanded implementation of the Administrative Adjudication of Road Traffic Offences (AARTO) Act until July 2026.
The decision, attributed to concerns regarding municipalities’ readiness and the potential implications for road safety, has ignited a fiery debate across the nation regarding the Act’s viability and necessity.
The AARTO system, which threatens to revoke drivers’ licences for accumulated infringement points, was initially scheduled to be fully operational by December.
However, Minister of Transport, Barbara Creecy, alongside Deputy Minister, Mkhuleko Hlengwa, decided to defer the rollout amid increasing criticism.
The Public Servants Association (PSA) welcomed the announcement, stating that it has consistently raised concerns about the practicality and fairness of the AARTO system.
“The repeated delays since its inception underscore the PSA’s warnings that the system is unworkable, administratively burdensome, and risks creating more confusion than compliance,” said PSA spokesperson Reuben Maleka.
He added that while the postponement offers temporary relief, the government should scrap the AARTO demerit system completely.
“The model prioritises revenue collection over real road safety improvements and introduces complex administrative processes that will strain municipalities and inconvenience the public,” he said.
Instead of implementing a flawed system, the PSA appealed to the Department of Transport to focus on strengthening law enforcement capacity, improving road infrastructure, and investing in public education campaigns to promote safe driving behaviour.
“These measures will deliver real, sustainable improvements in road safety without imposing unnecessary penalties and bureaucratic hurdles,” said Maleka.
MasterDrive, which provides specialised and advanced driver training, noted that while there was some expectation that the Act would become less onerous, this is not true for businesses.
MasterDrive CEO Eugene Herbert explained that removing a proxy (who acts as a designated contact person for administrative matters) initially alleviates significant administrative load, but this change introduces new requirements.
“If fines are not settled within 30 days, the discount is lost and consequences escalate. With unpaid fines, businesses cannot renew vehicle licences, transfer ownership, or register new vehicles. This requires appointing someone to trace and settle fines,” he said.
Herbert stated that a business could be incapacitated, preventing legal operation, should the organisation fail to comply, resulting in unpaid fines.
This represents a significant shift for organisations that currently fail to pay traffic fines, he noted, adding that under the existing law, fewer than 20% of fines were settled in 2023.
“The new AARTO Act makes avoiding non-compliance impossible. The eNatis system can trace fines using the Business Registration Number. It necessitates tracking fines internally and instituting verified payment systems immediately to avoid costly downtime,” said Herbert.
He advised that any organisations without formal processes to manage traffic violations should change this immediately.
“Others, despite the continued delays, have embraced the change and are preparing for implementation. Additionally, these organisations train their drivers to avoid committing an infringement or offence. It places direct accountability — and administrative responsibility — squarely on organisations.
“Failing to adapt can result in operational disruptions that could halt business entirely. The message is clear: proactive compliance is no longer optional; it is essential for continued operations,” said Herbert.
Freedom Front Plus MPL, Advocate Anton Alberts from Gauteng, viewed the postponement as a sign that AARTO was beginning to collapse, much like the e-toll system.
“Much like the e-toll system in Gauteng, AARTO, currently active only in Johannesburg and Tshwane metros, appears to be slowly nearing the end of the road,” he said.
Alberts noted that Gauteng seems to be where sophisticated systems meet their end, either due to a lack of legitimacy or managerial competence required to sustain them.
He stated that AARTO’s decline began slowly with years of legal challenges, problematic legislation, and extremely flawed implementation to the public’s detriment.
Moreover, AARTO systematically developed a legitimacy crisis in Gauteng due to its failure to make roads in Johannesburg and Pretoria safer.
“Given the numerous problems with integrating AARTO with municipal systems nationwide, it appears that the only option remaining is to prepare for its final collapse,” said Alberts.
He mentioned that AARTO’s Gauteng pilot was glitch-ridden from the start, with escalating problems.
He pointed out that traffic policing in Johannesburg and Pretoria is no longer strictly enforceable under the Criminal Procedure Act, primarily due to late or unissued fines and maladministration that invalidates them.
Alida Venter, a founding member of the non-profit organisation Drive More Safely, stated that the organisation has long opposed AARTO due to numerous points within the Act that they do not agree with.
However, Venter said as an activist, she believes that AARTO will have a positive impact on road user behaviour.
What is of concern, said Venter, is that AARTO is opening up a door for corruption.
“Once you have lost your points, and you’re going to lose your licence, you are going to do anything possible to not lose your licence,” she said.
In addition, Venter said, it seems like every time the government just tries to “reinvent the wheel”.
“So something does not work, and they go back to the drawing board, and they don’t really get the expertise to help them change things that are not right. Come the new festive season, then the old wheel is just being reinvented.”
According to Venter, implementing AARTO sooner rather than later is necessary to determine its effectiveness.
