AARTO Act

Since it was first established, JPSA has taken a keen interest in the Administrative Adjudication of Road Traffic Offences (AARTO) Act, 46 of 1998 and not without good reason.

Background

The AARTO Act was assented to in Parliament in September 1998. Section 36(2) of the Act prescribes that “Different dates may be determined under subsection (1) in respect of different provisions of this Act and different areas of the Republic” and as a result, the AARTO Act was proclaimed to be in force in the jurisdictions of the Cities of Tshwane and Johannesburg with effect from 1 July 2008 and 1 November 2008 respectively, ten years after the AARTO Act became law.

Since that time, and although the Act was later proclaimed to be in force from 1 June 2010 in the Cities of Ekurhuleni, eThekwini (Durban) and Cape Town, these proclamations were withdrawn at the last minute and as a result, the provisions of the AARTO Act only apply in the Cities of Tshwane and Johannesburg to this very day.

Regulation 24 of the AARTO Act, which gives effect to the points-demerit system has not been proclaimed to be in force and therefore, demerit points on driving licenses and operator cards are not yet in force anywhere in South Africa.

The currently promulgated, and therefore applicable version of the AARTO Act can be viewed at the Acts Online website.