“The one thing that unites all human beings, regardless of age, gender, religion, economic status, or ethnic background, is that, deep down inside, we all believe that we are above-average drivers” (humourist Dave Barry)
AARTO (the Administrative Adjudication of Road Traffic Offences Act) has been partially in force for years, but its demerit provisions have been on ice for so long now that many of us have lost sight of just how seriously it will impact both ourselves as individuals, and our businesses.
Every individual and every business is at risk
Law-abiding motorists will no doubt welcome the crackdown on serial traffic offenders, but we also need to manage the risks.
Every motorist, every vehicle owner, every professional driver and every transport operator will be at serious risk of losing their licences/permits/operator cards. Even businesses outside the transport sector will need to manage this – what happens if your sales people are grounded or your office staff can’t drive to work?
The wheels are turning fast now, with amendments to the Act at long last passed by Parliament, and set to come into law when signed by the President.
Will it be delayed yet again?
The demerit proposal has been bouncing around for a decade, with several false starts and there is talk of court challenges, plus the commencement date may or may not be delayed.
But at long last the wheels are definitely turning, and turning fast.
Unlucky 13 – easier to reach than you thought
The demerit system is complicated, but in a nutshell you will in addition to paying a fine incur demerit points for a whole range of offences.
And anyone with 13 or more demerits will have their driver’s licence/professional driving permit/operator card automatically suspended (3 months’ suspension for every point over 12). And 3 suspensions will result in full cancellation.
Don’t think that 13 demerits will necessarily take the average driver a long time to accumulate. Consider the demerit points applicable to some sample offences (there are many thousands of them – the table below gives just a few examples).
Sample offences and demerit points
Reducing demerit points, and discounts on fines
You are also rewarded for obeying the law –
Businesses and employers – manage your risks
Think now about how you will manage the risk of your employees (especially those employed as drivers) repeatedly offending –
This article is for general information purposes 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 us At DKVG Attorneys for specific and detailed advice.
For more information, contact our Litigation & Arbitration department.
© DotNews, 2005-2019. 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)