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be in force from 1 June 2010 in the Cities of Ekurhuleni, eThekwini (Durban) and Cape Town, these proclamations were withdrawn at the last minute and as a result, the provisions of the AARTO Act only apply in the Cities of Tshwane and Johannesburg to this very day.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

Where to get copies of legislation.

Free resources

All of the above national legislation is available at the SA Government website, however, we must warn you that since legislation is often amended, what you get from that website can be very outdated and piecing the various amendments together can be a laborious task.

For provincial legislation and municipal bylaws, you will need to consult the website of the appropriate provincial government or local municipality.

Commercial resources

Your task could be made a lot easier by using one of the commercial enterprises that provide consolidated versions of legislation, amongst whom are:

The services above vary in just how up to date they are with the currently applicable legislation, but share one thing in common. None of them are what could be described as cheap.