SA is infamous for traffic infringements, reports of corruption among traffic officials, and high accident rates. As a result, road fatalities remain a significant cause of death in the country. But even as motorists continue to break the law and place the safety of those around them at risk, initiatives seeking to change driver behaviour have been largely unsuccessful.
In 1998, the Administrative Adjudication of Road Traffic Offences (Aarto) Act was introduced with a points demerit system to enforce traffic rules and prevent drivers from disregarding traffic regulations.
After 25 years of implementation and pilot projects in Johannesburg and Tshwane, the rollout of the demerit system commenced nationally in collaboration with local municipalities and traffic agencies in July. This decision was made after the Constitutional Court ruled in favour of the validity of the system.
And despite some trepidation from the public, the system has the potential to enhance road safety, significantly decrease road fatalities, and save lives.
Our system is fraught with bribery and illegal practices. Motorists do not adhere to traffic laws, causing collisions and a high mortality rate. This combination of unsafe roads and unskilled drivers have contributed to unacceptably high road fatality statistics that costs the lives of about 12,000 people per year.
The act places the responsibility on drivers to comply with traffic laws, as failure to do so could result in them losing their driver’s licences or receiving heavy fines.
More severe consequences such as licence suspension and possible cancellation will make drivers more careful and make it easier for our traffic officers to enforce the law. This will help to create a new culture of voluntary compliance with traffic laws among drivers. Additionally, while under suspension, reckless drivers will not be allowed on the roads, making it safer for others.
It is important to note that driving with a suspended or cancelled licence is a criminal offence and transgressors will be prosecuted.
The points demerit system will operate in a similar manner to the frameworks applied in Australia and New Zealand. Motorists will begin with zero demerit points and will then receive points for every transgression according to its severity. Once a driver reaches 15 demerit points or exceeds this number, your driver’s licence card, vehicle licence disc, or operating permit will be suspended for three months. Driving with a suspended licence is a criminal offence, and drivers will be subject to fines or imprisonment while receiving an additional six demerit points.
If your licence is cancelled, you will need to begin the process of obtaining a driver’s licence again after the suspension period is over. Demerit points will be forgiven only if you avoid infringing any traffic laws again during a set timeframe. But repeat offenders will eventually be unable to apply for a driver’s licence again.
The act was initially met with some public criticism, especially regarding concerns over the administrative burden it represents. Motorists and other parties have also voiced concerns about corruption in the new system and warned that the system will focus on revenue generation rather than changing behaviours.
But the reality is that we need to make roads safer and implement traffic rules more strictly. Previous attempts through education and awareness campaigns have not been successful, and drastic changes are needed to improve road safety and curtail road deaths.
The demerit points system will complement traditional traffic enforcement as a remedial process that encourages motorists to become more law abiding. But traffic officials will still play a crucial role in implementing this system and ensuring its efficiency.
The scale of implementation will be immense as the system rolls out, and traffic officials will need to manage this to ensure a smooth transition. This will mean a possible increase in workload and may require the appointment of additional traffic officials to ensure the system is comprehensively enforced.
We need to remain vigilant to make our roads safer and make drivers accountable for their actions, and the demerit system represents an important weapon in this fight. We all need to work together to better protect our roads and those who travel it.
• Dr Cebekhulu-Makhaza is the president of the Police and Prisons Civil Rights Union
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