Articles

The Implementation of the AARTO Act in the Garden Route: What Motorists Should Know

Updated July 2026

The Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (the AARTO Act) is redefining how traffic laws are enforced across South Africa. The Act has operated on a pilot basis in Johannesburg and Tshwane, and from 1 July 2026 it was extended to a further group of 62 municipalities nationally. Currently AARTO is not applicable to George and the rest of the Garden Route municipalities yet.

What is AARTO?

AARTO reflects a complete transformation in how South Africa addresses road traffic violations, which was previously based on a “criminal-offence” approach which is now being replaced by an administrative process. Currently, receiving a traffic fine amounts to being charged with a criminal offence. If a motorist disregards the fine, it can lead to a criminal summons and bringing the offender before court.

In practice, the courts became overburdened with minor traffic matters, most of which were never prosecuted, meaning many drivers simply ignored fines, knowing there was little likelihood of meaningful enforcement. This resulted in a system that was inefficient, costly and, unsuccessful at changing driver behaviour.

AARTO was introduced to address these problems. The guiding idea is that most traffic infringements should be dealt with on an administrative basis. Instead of each fine potentially resulting in a criminal court case, AARTO establishes a centralised administrative process, run by the Road Traffic Infringement Agency (RTIA).

Under this model, motorists are provided clear options on an alleged transgression: Pay the fine or make a representation, or (where relevant) nominate the actual driver. Enforcement is strengthened and failing to act leads to further administrative penalties, rather than simply adding to the criminal court backlog.

AARTO introduced a points-demerit system tracking driving behaviour over time. Accordingly, an occasional infringement can be tolerated, but persistent infringements and poor driving carry serious consequences, and can include the suspension of a driver’s licence. The system directly links repeated infringements to a motorist’s licence.

Implementation: what has actually happened, and when

AARTO’s national roll-out was postponed several times over the past year and was well documented in the general media.

The roll-out was originally intended to extend to 69 municipalities from 1 December 2025, with the remaining municipalities to follow shortly afterwards.

Several municipalities in this region, including George and Mossel Bay, requested exemption from the roll-out and remain excluded from the application of AARTO.

The postponed roll-out eventually proceeded on 1 July 2026. This proclamation brought AARTO into force in a revised list of 62 municipalities, including metros such as Buffalo City, Nelson Mandela Bay, Mangaung, Ekurhuleni and eThekwini, in addition to Johannesburg and Tshwane, where the system was already operating.

The Minister of Transport has confirmed that the Western Cape’s non-participation in this phase has been formally accepted, following an intergovernmental dispute raised by the City of Cape Town, with the province’s inclusion now provisionally targeted for around January 2027. That target has not yet been fixed by proclamation, and the roll-out generally has been the subject of repeated delay, so it should not be relied upon as a firm date.

Accordingly, AARTO is operational in 62 municipalities, but the points-demerit provisions of the Act (section 24) were expressly excluded from the 1 July 2026 proclamation. The demerit system itself is not yet in force in any Municipal area, and current indications point to a further proclamation, at the earliest, some time in 2027.

Where does this leave George, Mossel Bay and the rest of the Garden Route?

On the information currently available, none of the seven local municipalities that make up the Garden Route District, that being George, Mossel Bay, Knysna, Bitou, Oudtshoorn, Hessequa and Kannaland, forms part of an AARTO implementation area.

Traffic infringements in these municipalities continue to be dealt with under the ordinary criminal justice system, principally the Criminal Procedure Act 51 of 1977 and the National Road Traffic Act 93 of 1996, in the same way as before AARTO’s national expansion began.

The position is different for drivers in one of the 62 municipalities where AARTO already applies. Fleet operators, sales representatives, tour operators and other frequent long-distance drivers based in this region should be aware that an infringement committed in, for example, Nelson Mandela Bay or Buffalo City will be handled under AARTO, even though their home municipality is not yet included.

Readers should also bear in mind that this framework remains legally unsettled. The South African Local Government Association’s urgent application to halt the 1 July 2026 roll-out was dismissed by the North Gauteng High Court on 30 June 2026, but only on procedural grounds, and SALGA has indicated that it intends to pursue the underlying funding dispute on the merits. Separately, the Organisation Undoing Tax Abuse (OUTA) has since lodged a further application seeking to suspend the roll-out and review the legality of the 2026 proclamations and regulations. Either matter could, in principle, affect the framework described in this article.

Conclusion

AARTO has not yet reached our region and fines and infringements continue to fall under the ordinary criminal-law process for now. This is a markedly different position from the one purported when AARTO’s arrival in George and Mossel Bay appeared to be imminent. That earlier timetable did not materialise, and the Western Cape’s position within the national roll-out remains provisional and subject to an ongoing intergovernmental process, as well as pending litigation.

This does not mean the position is settled for good. Government has indicated an intention to extend AARTO to the Western Cape in due course, and the demerit-points system is still expected to follow at a national level once the necessary provisions are proclaimed.

Motorists and businesses in this region should treat the current position as a pause rather than a permanent exemption, and should continue to drive responsibly in the meantime.

We will continue to monitor the Government Gazette and will update this article again once there is a confirmed date for AARTO’s extension to George, Mossel Bay and the wider Garden Route.

Written by: Dawid Fölscher (Candidate Attorney)

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E & OE).

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