Now that AARTO fines have been declared lawful by the Constitutional Court, South Africans are asking for clarification. How will the laws will be implemented and policed? More specifically, do AARTO fines apply to the vehicle or driver?
DO AARTO FINES APPLY TO THE VEHICLE OR DRIVER?
The clear answer is, first and foremost, the 2 659 AARTO fines listed on its website apply to the driver of the vehicle and not the vehicle itself. However, provision is made for AARTO fines to apply to a motor vehicle operator/juristic person when applicable. For example, vehicles owned by a company and driven by others.
WHAT IS A JURISTIC PERSON?
In the event of a traffic infringement, AARTO fines and demerit points are applied to the motor vehicle operator/owner of the vehicle. So, if it’s a work/fleet vehicle and the driver/infringer is not the owner of the vehicle, the penalties will go to whomever the car is registered to.
ALSO READ: 15 of the strictest new AARTO penalties
The AARTO act was amended back in 2019 to make provision for a juristic person, who is not the driver/infringer but is the motor vehicle operator responsible for the vehicle.
This refers to a company, closed corporation, trust, etc. that has motor vehicles licensed in their name. Delivery vehicles, rental cars, minibus taxis and other fleet vehicles fall into this category.
AARTO FINES: DRIVER VS. VEHICLE LICENSE
If the vehicle is in your name, AARTO fines and driver demerit points apply to you. However, in line with the provision for a juristic person, the license disc of the vehicle will be suspended if the fleet/pool vehicle accrues more than 15 demerit points.
Demerit points are applied as follows:
DRIVING LICENSES
- The driver/infringer receives an AARTO fine and driver demerit points allocated to that specific infringement or offence.
- Demerit points are reduced on the AARTO fines system by one point every three months – allocated to a driver/infringer/vehicle – but only if no further demerit points accrue. If you drive well, they will come off your name.
- The maximum demerit points allowed for a learner driver is 6.
- If the driver/infringer’s demerit points exceed the maximum allowable 15 points, that driver/infringer will be disqualified from driving.
- A disqualification lasts three months for every point exceeding 15 points accrued by the driver/infringer/vehicle.
- The driver/infringer’s driving license card must be handed in for the disqualification period.
- If you are disqualified twice, your driver’s license is cancelled. You must then apply for a new learner’s/driver’s license and complete the full test process once the disqualification is over.
ALSO READ: Expired license? Here are all AARTO fines for license violations
VEHICLE LICENSES
- If the license disc of the motor vehicle operator/juristic person exceeds the maximum allowable 15 points, that license disc is disqualified and the vehicle is suspended.
- If a vehicle is suspended, it may not be used on a public road or sold.
- If the motor vehicle operator/juristic person sells/scraps/exports the vehicle the demerit points will remain against the record of the operator/juristic person and be allocated to the next vehicle the company purchases.
ALSO READ: Here are the 25 strangest AARTO violations you can be fined for
The points you will accrue for AARTO fines range between 1 and 6. We’ve made a comprehensive list of major violations and how much they will cost you in money and demerit points:
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