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Two-fine systems to police SA roads

South Africa’s traffic-fine landscape is set to become more complex as the Administrative Adjudication of Road Traffic Offences (AARTO) system expands alongside the existing Criminal Procedure Act (CPA) process.

According to Fines SA, one of the biggest misunderstandings around AARTO is that it will immediately replace the current traffic fine system across the country. In reality, motorists should understand that traffic fines may continue to be administered under different legal frameworks depending on jurisdiction and implementation status during the rollout period: the existing CPA process in some areas; and the AARTO administrative process in others.

This means that how a fine is handled may depend on where the offence took place, which authority issued the notice, and whether that authority has moved onto the AARTO framework.

“This is where many motorists may get caught out,” says Barry Berman, Fines SA CEO. “A fine issued in one municipality may follow the current CPA process, while another may fall under AARTO. The practical risk is that people may ignore or misunderstand notices because they assume all fines work the same way.”

Barry Berman, Fines SA CEO. Photo supplied.

Under the current CPA system, many traffic fines are handled through the criminal-law process and, if ignored, may eventually lead to summonses, warrants or other legal consequences.

AARTO moves many traffic infringements into an administrative process, with set steps for notices, representations, enforcement orders and administrative penalties. The system includes a national demerit points system, where repeat infringements can result in points against a licence and, if thresholds are exceeded, possible suspension or cancellation.

“AARTO changes traffic fines from being a once-off payment issue into something that can affect a person’s ability to drive,” says Berman. “That is why motorists need to understand which system applies to their fine and what action is required.”

System difference: CPA vs AARTO

Criminal Procedure Act systemAARTO system
Fines are generally handled through the criminal-law process.Infringements are handled through an administrative process.
Unpaid fines can lead to summonses or warrants.Unpaid infringements can lead to enforcement orders and licence-related blocks.
Disputes may move through court-related processes.Motorists can make representations through the AARTO process.
No national demerit points system currently applies.Demerit points may apply once implemented.
The main risk is financial and legal escalation.The risk can include fines, admin penalties, licence consequences and demerit exposure.

Berman says this distinction matters because motorists may receive different types of notices depending on where they are fined.

“A speeding fine issued in one municipality may still follow the CPA process, while another infringement in a different area may fall under AARTO. For consumers, this can become confusing very quickly if they are not actively checking and managing their infringements.”

Under AARTO, ignoring infringement notices could lead to administrative penalties, enforcement orders, licence renewal blocks and, once the demerit system is active, points against a driver’s licence.

“Motorists can no longer afford to treat traffic fines as something to deal with once a year when renewing a licence disc. The enforcement environment is becoming more data-driven, more integrated and more difficult to ignore.”

Fines SA says motorists should start preparing now by:

Businesses operating vehicle fleets will also need to prepare, as fines may be linked to company records, operator cards, driver nominations and business registration numbers.

“For businesses, traffic fines are no longer just an admin issue. They can become a compliance and governance risk if they are not properly monitored.”

Berman says the immediate priority for both motorists and businesses is to become more organised before the system is fully implemented.

“AARTO is not simply another traffic fine update. It changes how compliance is managed. The best thing motorists and businesses can do now is stay informed, check their fines regularly and avoid letting infringements escalate.”

* The Fines SA portal is available on the website here, as well as via the iOSAndroid, and Huawei apps.

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