Demerit licence system on the way for Nelson Mandela Bay motorists

A new driving licence scheme will be introduced in Nelson Mandela Bay on December 1, paving the way for the demerit system to follow 10 months later.

The city falls into the second phase of the rollout along with several other municipalities in the Eastern Cape.

When the demerit system kicks in, repeat traffic offenders could be off the roads for up to two years, as the new Administrative Adjudication of Road Traffic Offences (Aarto) system introduces tougher penalties for reckless driving.

Road Traffic Infringement Authority (RTIA) spokesperson Monde Mkaliphi said the 10 months between the two systems would also be used to clear the backlog of offences incurred before December 1, which fall under the Criminal Procedure Act.

“In terms of the Criminal Procedure Act, traffic violations were categorised as major and minor offences.

“Minor offences will be decriminalised and classified as infringements.

“Management of all traffic fines will now be recorded under one national contravention register,” he said.

The national Aarto register will be integrated into the national administration traffic information system (Natis).

Aarto will decriminalise most traffic violations and subject them to administrative processes under the control of RTIA.

Infringements (decriminalised violations) will be dealt with administratively, and offences under the Criminal Procedure Act.

Mkaliphi said that while the system was going to be more regulated, it was expected to process fines quickly.

For initial infringements, drivers will have the option to resolve them within 32 days and benefit from a 50% discount or choose other options such as submitting a representation or paying in instalments.

This may include nominating the driver who was using the vehicle.

This will be done with the local traffic department. However, failing to do this, the case will be referred to RTIA.

“An official at the traffic department will load onto the RTIA, and then we will send the courtesy letter to inform you.

“The 50% discount falls away, but the right to dispute still stands.

“They can also arrange instalments, but the right to nominate a driver falls away,” he said.

Should another 32 days pass with the driver failing to comply, RTIA will issue an enforcement order.

This means the driver will be blocked from accessing Natis services like renewing their licence discs, licence and public driving permit.

Those unhappy with the outcome can approach an appeals tribunal, an independent body accountable to the department of transport.

Mkaliphi said municipalities selected for the initial phase two rollout were based on readiness.

“There has been a process of assessing the state of readiness.

“We have what we call Aarto provincial co-ordinators who have been updating us in terms of equipment, training of officers, and connectivity to Natis.

“We had a checklist and were working with them on the information the municipalities provided, which is how the state was determined,” he said.

The other Eastern Cape municipalities which will go online from December are King Sabata Dalindyebo, Chris Hani, Buffalo City, Matatiele, Elundini, Umzivumbu, Dr Beyers Naude and Walter Sisulu.

From September 2026, RTIA will then introduce the demerit system that will tally points against the driver’s licence for each traffic violation.

The points are in addition to a penalty fee imposed for the infringement or the requirement to go to court for more serious offences.

A driver may accumulate up to 15 demerit points without losing their driving privileges.

The licence of a driver is suspended for three months for each demerit point above the threshold.

One demerit point is deducted for every three months the driver does not incur any additional demerit points.

Four points can be reduced on completion of a rehabilitation programme.

Driving a motor vehicle during a disqualification period is a criminal offence.

A conviction can result in a fine or imprisonment for up to one year, or both.

A driver’s licence may be suspended twice in the lifetime of its holder.

If the threshold is again exceeded after two suspensions, the driver’s licence is cancelled.

In the case of a cancelled licence, the driver will have to start with a learner’s licence once the disqualification period has lapsed.

Examples of fines and demerit points allocation:

• Exceeding speed limit 11km/h-15km/h: R250 and zero points;
• Exceeding speed limit 16km/h-20km/h: R500 and one point;
• Exceeding speed limit 21km/h-25km/h: R750 and two points;
• Exceeding speed limit more than 40km/h: Court and six points;
• Failing to keep left: R1,000 and three points;
• Failing to use indicators: R500 and one point;
• Vehicle not registered or licensed: R1,000 and three points;
• Vehicle with no number plates: Court and six points;
• Vehicle with only one number plate: R500 and two points;
• Driver not licensed: R1,250 and four points;
• Driver’s licence not in vehicle: R1,250 and four points;
• Disobeying stop sign or robot: R750 and two points; and
• Driving under the influence of alcohol: Court and six points. — Additional reporting by TimesLIVE

The Herald