,and I quote the following:How does the demerit system work?
The draft regulations for the Aarto Act say that all drivers and cars will start with zero points. Points are allocated to drivers and cars based on infringements, and demerit points will be deducted at a rate of one point every three months provided no points have been incurred over that period.
Driving without a seatbelt and driving 131km/h-135km/h in a 120km/h speed zone: a R250 fine and no demerit points.
Offences including driving an unregistered or unlicensed vehicle; driving with no licence plate visible; holding and using a cellphone; skipping a stop sign and skipping a red light: a R500 fine and one demerit point.
Six demerit points will be given to drivers under the influence of alcohol; exceeding 100km/h in a 60km/h zone, 140km/h in a 100km/h zone, and 160km/h in a 120km/h zone. In addition, a fine determined by a court will be imposed.
1 The driver demerit system
As the previous draft stated, every driver will start with zero points to their name, and will face a three-month licence suspension if they exceed 12 points.
According to Advocate Jackie Nagtegaal from Law For All: "The updated version asserts that demerits will now be allocated per violation as opposed to per incident. This means that if you were speeding in an unregistered car, you will be penalised for both violations, for example.
"Your licence will also be cancelled if suspended three times."
There will also be a so-called "issuing authority" that will hold onto your licence if suspended.
2 The National Road Traffic Offences Register
In an attempt to centralise proceedings, the Bill calls for a designated authority to ensure that all the information and details of the infringements and violations of individuals are recorded.
According to various transport experts who worked on the Bill, this new system will facilitate charging much larger volumes of offenders.
3 The introduction of an Appeals Tribunal
One of the biggest changes to the Bill is the induction of an appeals tribunal.
Nagtegaal said: "This is a great addition because it means that motorists can challenge grievances as the panel will hear and adjudicate their appeals. Furthermore, if a still feels as though the tribunal’s decision is unjust, they can approach the High Court."
4 A car owner is also liable for the fine/punishment
This means that the registered owner of the vehicle will be responsible for any infringement even if someone else was driving the car.
The ONLY exception to the above is if the owner gathered all the personal information of the driver (full name, ID number, residential and business addresses and contact details).
5 The removal of Section 21 of the Act
"Previously, the Bill allowed for the imposition of a combination of harsh punishments for non-compliant offenders, which included seizing the driver’s licence, removing the vehicles licence disc and impounding the vehicle in question all at the same time," says Nagtegaal and adds "This will no longer be the case."
6 When will AARTO officially be implemented?
Should Parliament be satisfied with the proposed amendments, the Bill will then be handed over to The National Council of Provinces (NCOP). If the council gives it the greenlight, AARTO could be implemented as soon as the end of the 2017/2018 financial year.
Justice Project SA chairman Howard Dembovsky has vowed to challenge the controversial Aarto Amendment Bill in court once it has been signed into law.
The bill introduces a demerit system for road traffic offenders.
"Something is terribly wrong here. This not only violates the constitution but the principles of the justice system," Dembovsky told The Times.
The Administrative Adjudication of Road Traffic Offences (Aarto) Amendment Bill was passed in parliament this week, with only the endorsement of the National Council of Provinces and President Jacob Zuma's signature required for it to become law.
"The NCOP will open another consultative process for all stakeholders to [canvass] their opinions and make contributions to the Aarto Amendment Bill," said Road Traffic Infringement Agency spokesman Monde Mkalipi.
Regards.