# summary

- Link: https://dearsouthafrica.co.za/aartoregs/summary/
- Published: 2020-10-06T13:59:28+02:00
- Author: dearSA

[ View the AARTO regulations participation campaign](https://dearsouthafrica.co.za/aartoregs/)

VISIT OUR AARTO WEBSITE FOR A FULL EXPLANATION AND SEARCHABLE LIST OF THE NEW CHARGE
CODES IN SCHEDULE 3

[click here to visit AARTO.co.za now ](https://www.aarto.co.za/schedule-3/draft-amended-schedule-3/)

VIDEO SUMMARIES

The points will work as follows:

 * The offender/infringer receives a penalty, and in addition to the penalty, they
   also receive the demerit points allocated to the specific offence.
 * If the demerit points exceed the maximum points (15 points), a person will be
   disqualified from driving or using the vehicle for a period of time (three months
   for every point exceeding 15 points);
 * The points for the offences and infringements range between six and one;
 * The maximum for a person or operator card or a licence disc for a juristic person
   who is not an operator is 15 points;
 * The maximum for a learner driver is six points;
 * The time value of each point is three months for disqualification or reduction
   purposes;
 * If demerit points are allocated to a person or vehicle record and no further 
   demerit points are accrued in three months after receiving the previous demerit
   point, a reduction of one point on the total number of demerit points will be
   recorded on the system.
 * A person’s driving licence card and the operator card of a motor vehicle must
   be handed in for the disqualification period;
 * Upon a third disqualification, the licences will be cancelled. A person must 
   apply for a new learner’s licence and driving licence once the disqualification
   period is over.

Originally passed into law in 1998, the AARTO Act has been in force for more than
eleven years in the jurisdictions of the Metropolitan Municipalities of Tshwane (
from 1 July 2008) and Johannesburg (from 1 November 2008).

It is now scheduled to be implemented nationally.

The draft regulations are a complete rewrite of the existing regulations.

Some notable points about the draft regulations are:

 * Removing an alleged infringer’s existing right to elect to be tried in court 
   and replacing it with written representations, a Tribunal and eventually, an 
   appeal or review application to the Magistrates Court.
 * Increasing the number of demerit points which may be incurred before a driving
   licence or operator card may be suspended from 12 to 15 and introducing demerit
   points on the licence discs of vehicles belonging to companies that are not operators.
 * Doubling the penalties (fines) which are currently payable.
 * Doubling the fines for failing to pay **e-toll and regular toll roads** while
   removing the demerit points from them.
 * Making it a criminal offence to drive if a driver does not possess a driving 
   licence.
 * Correcting the previous misinformation regarding the rehabilitation programme
   which only becomes applicable once a person’s driving licence has been **cancelled**.

Included herein are Explanatory Memorandums – which have no legal effect but are
meant to assist the members of the public in understanding the draft AARTO regulations
and Schedule 3 on the demerit point and penalties and are for information purposes
only:

**Memorandum 1**– Draft AARTO Regulations and

**Memorandum 2** – Draft Schedule 3 – Demerit points and Penalties .

### DOWNLOAD DOCUMENTS

 * [Government gazette 43758](http://www.gpwonline.co.za/Gazettes/Gazettes/43758_02-10_NationalGovernment.pdf)
 * [Memorandums](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2020/10/20190911/AARTO-memorandums-s.pdf)
 * [AARTO regulations Schedule 1](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2020/10/20190910/AARTO-regs-schedule-1-s.pdf)
 * [AARTO regulations Schedule 2](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2020/10/20190909/AARTO-regs-Schedule-2-s.pdf)
 * [AARTO regulations Schedule 3 (38mb)](https://drive.google.com/file/d/180HgRWt406opBUsfthiIlxVRwNSKdL6c/view?usp=sharing)
 * [AARTO regulations Schedule 4](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2020/10/20190909/AARTO-regs-Schedule-4-s.pdf)

### IN THE MEDIA

 * [listen] ChaiFM – [New Blue Review with Benji Shulman (Rob Hutchinson as guest)](https://www.chaifm.com/wp-content/uploads/2020/10/2020.10.12-Rob-Hutchinson-MD-of-Dear-South-Africa-a-nonprofit-which-facilitates-public-participation-in-government-decision-making-process.mp3)
 * BusinessTech – [New driving rules for South Africa in 2021 – what you need to know](https://businesstech.co.za/news/motoring/437979/new-driving-rules-for-south-africa-in-2021-what-you-need-to-know/)
 * BusinessTech – [South Africa’s new driving rules are coming – here’s what you will get demerit points for](https://businesstech.co.za/news/motoring/438653/south-africas-new-driving-rules-are-coming-heres-what-you-will-get-demerit-points-for/)
 * The South African – [AARTO: Here’s what you need to know about South Africa’s new traffic laws](https://www.thesouthafrican.com/news/aarto-traffic-laws-south-africa-amendment/)