AARTO and the Demerit Points System: What Is Actually in Force

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa (0800 110 110) if you cannot afford one. Information last verified on 23 July 2026.

AARTO's demerit points system has been announced, postponed, and withdrawn more than once, and it is easy to come away with the wrong impression of what is currently in force. This guide sets out the honest timeline, exactly what is and is not live as of July 2026, and how the demerit system is set up to work once a start date is finally gazetted.

The AARTO Timeline: What Actually Happened

The Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (AARTO) and its 2019 Amendment Act were challenged as unconstitutional, and a Pretoria High Court ruling in January 2022 agreed, declaring both Acts invalid. The Constitutional Court reversed that ruling on 12 July 2023, in Organisation Undoing Tax Abuse v Minister of Transport [2023] ZACC 24. The Court's order was unanimous: the High Court's declaration of invalidity was not confirmed, the appeal was upheld, and the underlying application was dismissed. The judgment also confirmed that electronic service of AARTO notices is constitutionally valid, as an additional method alongside personal service and registered mail, not a replacement for them.

With the constitutionality question settled, the rollout moved forward in stages. Presidential Proclamation 274 of 2025, along with related Proclamations 272 and 273 of 2025, published in Government Gazette 53099 on 1 August 2025, set out a schedule bringing further sections of the AARTO Act into operation on 1 December 2025, 1 April 2026, and 1 September 2026 in specific municipal areas. That schedule, including the 1 September 2026 date, was then withdrawn. Government Gazette 53746, dated 28 November 2025, records the withdrawal of Proclamation 274 of 2025. Whatever demerit points start date you may have seen reported for September 2026, it no longer applies.

What Is Actually Live as of July 2026

On 1 July 2026, AARTO Phase 2 extended the Act's administrative machinery to a total of 62 municipalities across the country (Johannesburg and Tshwane, where the pilot had run since 2008, plus 60 more). The Road Traffic Infringement Agency (RTIA) confirmed the rollout was proceeding as scheduled, stating that the system was 'now being rolled out across a total of 62 local and metropolitan municipalities, building upon the initial implementation already underway in Johannesburg and Tshwane.' No Western Cape municipality is included in the 62.

This is the administrative side of AARTO: infringement notices, courtesy letters, and enforcement orders. It does not include the demerit points system. A challenge to the rollout by the South African Local Government Association (SALGA), which had filed an urgent High Court application on 23 June 2026 and declared an intergovernmental dispute days earlier, was struck from the roll on 30 June 2026, with the court finding SALGA had not shown urgency or proven it was authorised to act for the municipalities involved.

Are Demerit Points Live Yet? Not Anywhere

The demerit points system, sections 24 to 28 of the AARTO Act, has not commenced in any municipality, including Johannesburg and Tshwane, where the rest of AARTO has operated the longest. RTIA itself flagged this well before the July 2026 rollout, in a June 2025 media statement warning against inaccurate reporting on the rollout, confirming that preparations for the points system and a related rehabilitation programme were underway as a separate, later phase. Legal analysis of the actual proclamations that brought Phase 2 into force is consistent with this: the demerit points sections were left out of the July 2026 proclamations and are widely reported to be intended for a further phase now expected in 2027, though no gazetted date exists for it. Treat any specific date you see reported for demerit points as unconfirmed until RTIA or a Government Gazette says otherwise.

How the Demerit System Is Set Up to Work, Once It Starts

The Point Threshold Is Not Yet Settled

There is a genuine discrepancy in how many demerit points will trigger disqualification once the system goes live, and no single number should be treated as settled. The original 2008 AARTO Regulations set the threshold at 12 points. RTIA's current public FAQ instead states the threshold is 15 points, in four separate answers. New AARTO Regulations were published on 30 June 2026 alongside the Phase 2 proclamations, but since the demerit provisions themselves were not commenced by those same proclamations, it is not clear that any revised threshold in those regulations is yet legally operative. The most accurate statement available is that RTIA's current guidance points toward a 15-point threshold once the system activates, up from the 12-point threshold under the original 2008 regulations, and the final figure will only be certain once the demerit phase is formally gazetted.

Suspension for Exceeding the Threshold

Once the threshold is exceeded, RTIA's guidance sets a suspension period of 3 months for every point above the threshold. A driver who accumulates points 3 over the threshold would face a 9 month suspension once the points system is active.

Points Reduction Over Time

A driver's demerit points reduce over time once the system is live. RTIA's guidance provides that 1 point is deducted for every 3 months that pass without a further infringement.

Cancellation After a Third Exceedance

The AARTO Amendment Act defines a habitual infringer as someone who incurs demerit points resulting in disqualification more than two times, meaning a third exceedance. RTIA's guidance confirms that once an infringer exceeds the threshold for the third time, their driving licence, vehicle licence disc, and other transport related permits are cancelled, not merely suspended again.

The Rehabilitation Programme

A driver whose licence has been suspended, a habitual infringer, or a driver who has built up 4 or more points and wants to reduce that standing, will be able to apply for the AARTO rehabilitation programme on form AARTO11A. Successful completion deducts 4 demerit points, and the programme can only be used once in any 12 month period. It covers legislation, driver and operator responsibilities, a driving simulator test, and a psychologist evaluation.

Disqualification Timing

Under the AARTO Amendment Act, disqualification for exceeding the demerit threshold does not take effect immediately. It takes effect within 32 days of the excess points being incurred, and the driver then has a further 32 days from that point to hand in the relevant licence, permit, or disc to the issuing authority.

What This Means for Drivers Right Now

As of July 2026, no driver anywhere in South Africa is accumulating demerit points, and no licence can currently be suspended or cancelled under the points system, because it has not commenced. What is live is the administrative side of AARTO in the 62 municipalities described above, meaning infringement notices, discounts, courtesy letters, and enforcement orders. If you have received an AARTO notice, see Got an AARTO Fine? Your Options Explained for how to respond to it. For how AARTO compares with the older Criminal Procedure Act system that still applies outside the 62 municipalities, see How Traffic Fines Work in South Africa. For the wider traffic law picture, see Traffic and Driving Laws in South Africa.