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AARTO Demerit Points Explained

            

Demerit points


Under the AARTO Act a licence holder will accumulate demerit points for certain infringements (road traffic related offences). The demerit points that a driver incurs are reflected on the National Contravention Register and are recorded when;

  • The infringer pays the fine.
  • Partially pays the fine.
  • Infringer applies to pay the fine in instalments.
  • The payment of the infringer is dishonoured (rejected debit order).
  • The infringer elected to be tried in court and was unsuccessful in proving his case or an appeal is upheld.
  • The infringer did not pay the fine within a period of 32 days after the enforcement order was served.


If a person incurs demerit points which, when added to the points previously recorded against that person in the national contraventions register, exceed 12 points that person is disqualified from driving or operating a motor vehicle.

         

The licence of a driver is suspended for a period of 3 months for each demerit point above 12. If the licence holder already has 12 demerit points and a further 2 demerit points are allocated for i.e. failure to comply with the directions conveyed on a road traffic sign at a scholar patrol, then the licence of that driver shall be suspended for a period of 6 months (12 Points plus 2 = 14 – 12 points = 2 above 12 x 3 months = 6 months suspension). 1 Demerit point is deducted for every 3 months that the driver does not incur any additional demerit points.


The driver's licence, PDP or Operator Card of an offender is cancelled completely on the third occasion of suspension.


  • Each vehicle of the operator is allowed maximum of 12 demerit points and if exceeded will result in the suspension of the operator card of that vehicle for a period of 3 months.
  • Operators will also incur demerit points that, if exceeded, will result in the suspension of all the operator cards issued to the operator


Employers will have to plan ahead and decide how they will manage the risks associated with AARTO Act as well as the potential consequences of “incapacitated” drivers as a result of the cancellation or suspension of their licences.


 

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