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

The Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (AARTO Act) is gradually redefining how traffic laws are implemented throughout South Africa. Following its implementation in urban municipalities such as Johannesburg and Tshwane, the Act is now being rolled out to other municipalities, including the George Municipality. Motorists, companies, and professional drivers in our area must grasp what AARTO means and how it will influence day-to-day driving.

What is AARTO?

The Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (AARTO Act) is more than a simple traffic Act. It reflects a complete transformation in how South Africa handles road traffic violations, from a traditional criminal law approach to an administrative one. Under the previous system, receiving a traffic fine amounted to being charged of committing a criminal offense. If you disregard the fine, it could lead to a criminal summons, compelling you to appear in court. In actuality, the courts got overloaded with small traffic cases, the most of which were never pursued. This meant that many drivers just ignored fines, knowing there was no likelihood of meaningful enforcement.  The end result was a system that was inefficient, costly, and ultimately ineffectual in influencing driver behaviour.

The AARTO Act was introduced to address these same issues. Its guiding idea is that the majority of traffic violations should be handled administratively rather than criminally. Instead of each fine resulting in a court case, AARTO implements a streamlined approach in which infringement notices are administered centrally by the Road Traffic Infringement Agency (RTIA). This means: Traffic fines are now mostly about administrative accountability rather than criminal punishment. Motorists are given three distinct options: pay, contest, or nominate the actual driver. Enforcement is strengthened because failure to act results in administrative penalties, not a criminal backlog. But AARTO goes one step beyond. It introduces the demerit points system, a viable method for tracking driving behaviour over time. The premise here is that while one error can be forgiven, persistent wrongdoing should result in severe consequences. The approach ensures that irresponsible or persistent offenders do not continue to drive unnoticed by directly tying infringements to the driver’s licence.

For motorists on the Garden Route and throughout South Africa, the idea of AARTO is clear: driving is a privilege, not a right, and that privilege is intimately linked to lawful, responsible road behaviour.

The approach is intended to promote compliance while punishing persistent lawbreaking, with the ultimate goal of minimizing accidents and saving lives.

Implementation

The AARTO Act is being implemented in two phases, with significantly different consequences for motorists. On 1 December 2025, some of the Garden Route municipalities, which include George and Mosselbay, will implement the administrative enforcement processes outlined in the Act. At this point, the focus is not on the demerit system, but on ensuring that traffic violations are handled quickly and efficiently through an administrative chain.

When an alleged infringement occurs, a motorist will first receive an Infringement Notice, which explains the offence and provides numerous choices, including paying the charge, making a representation, or appearing in court. If the motorist does not answer within the statutory time frame, a Courtesy Letter is sent, which not only acts as a reminder but also incurs additional administrative costs. Continued non-compliance results in the issuance of an Enforcement Order, which has binding consequences: the infringement becomes final, and car or driver license renewals may be restricted until the situation has been addressed. As a result, the December 2025 implementation prioritizes administrative responsibility, narrowing the gaps that previously permitted motorists to disregard traffic fines with little consequence.

The second major rollout phase of the AARTO Act implementation begins on 1 April 2026. This phase will expand the administrative enforcement framework to 144 remaining Municipalities that were not included in the previous rollout phase which Municipalities include Oudtshoorn, Knysna, Bitou, Hessequa and Kannaland. This implies that many of the smaller towns and rural communities along the Garden Route and elsewhere will fall under AARTO’s control beginning in April 2026.

Roll-out in September 2026

In contrast, starting 1 September 2026, the system will feature the widely discussed demerit points regime. While the administrative enforcement process will continue, each finalised violation will result in the application of demerit points to the motorist’s record. Accumulating more than 15 points will result in licence suspension, and consecutive suspensions may result in licence termination. The September 2026 phase moves the emphasis from administrative compliance to behavioural accountability, explicitly tying poor driving behaviour to the loss of the legal right to drive.

Conclusion

In conclusion, motorists on the Garden Route should be informed that the December 2025 rollout does not yet activate the demerit system, but it does mean that disregarding a traffic fee will no longer be without consequences.

By September 2026, however, the stakes will be much greater, as administrative non-compliance and illegal driving will result in not only fines but also the loss of drivers’ licenses.

Motorists should view this phased implementation not as a distant reform, but as an immediate call to compliance – because under AARTO, safe and responsible driving is no longer optional; it is the only way to secure both your license and your freedom on the road.

The above article outlines the framework and the roll out stages of the AARTO Act. Should you need assistance or more information, kindly contact our offices to schedule an appointment in this regard.

Written by: Treveno Hendricks – Candidate Legal Practitioner (Raubenheimers Incorporated)