On 29 June 2026, the President issued two proclamation notices bringing key provisions of the Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (AARTO) and the AARTO Amendment Act, 2019 (Amendment Act) into operation in 62 identified municipalities with effect from 1 July 2026. The AARTO Regulations, 2026 were simultaneously published on 30 June 2026.
This signals the delayed implementation of Phase 2 of the roll-out of the legislation (originally planned for December 2025), with Phase 3 reportedly scheduled for later this year.
Although AARTO is not employment legislation per se, its provisions have significant implications for employers, particularly those who own or operate motor vehicle fleets, employ professional drivers, or require employees to hold valid driving licences as a condition of employment.
Background
AARTO was enacted in 1998 to promote road safety by establishing an administrative scheme for the adjudication of road traffic infringements. Its principal objects include:
- encouraging compliance with road traffic laws and improving road safety;
- diverting road traffic infringements from the criminal courts into an efficient administrative process;
- establishing a points demerit system under which persistent offenders may have their licences suspended or cancelled;
- establishing the Road Traffic Infringement Authority (Authority) to administer the scheme; and
- rewarding law-abiding behaviour by providing for the reduction of demerit points over time.
The Amendment Act, assented to in 2019, introduces significant reforms. Among other things, it introduces the concept of the ‘habitual infringer’ and a prescribed rehabilitation programme for such infringers; and establishes a new Appeals Tribunal with national jurisdiction.
AARTO has been subject to a long, phased roll-out, as well as several court challenges. It first commenced in 2008 as a pilot in the City of Tshwane and the City of Johannesburg. The recent proclamation notices represent the most significant national expansion of the scheme to date.
Provisions now in effect
The notices bring into operation certain key sections of AARTO, as well as all provisions of the Amendment Act (with one exception) in the listed municipalities. The relevant provisions relate to infringement notices, courtesy letters and enforcement orders, the provision for representations to be made to the Authority in circumstances where there are reasonable grounds why the infringer should not be held liable, provisions relating to elective options and payment, categorisation of infringements and offences and other general provisions.
Together, these constitute the operative core of the AARTO administrative adjudication scheme, meaning that the new enforcement regime can now commence in practice in the affected areas.
What is not yet in effect
Notably for employers, the demerit points system (sections 24 – 28 of AARTO) has not been included in the latest proclamation notices. Similarly, section 2(g) of the Amendment Act (which empowers the Authority to administer rehabilitation programmes for habitual infringers) has expressly not yet commenced. Both are anticipated to take effect in Phase 4 of the roll-out, currently expected in 2027.
Geographical scope
The provisions brought into force on 1 July 2026 apply only in the municipalities identified in Annexure A to each proclamation notice. These span all provinces except the Western Cape.
Examples of affected municipalities include:
- Buffalo City (East London), Nelson Mandela Bay (Gqeberha);
- Mangaung (Bloemfontein);
- City of Ekurhuleni, City of Johannesburg, City of Tshwane;
- eThekwini (Durban), Msunduzi (Pietermaritzburg);
- Polokwane;
- City of Mbombela (Nelspruit);
- Sol Plaatjie (Kimberley); and
- Rustenburg, Mahikeng
Commencement in the remaining 151 municipalities is intended to take place in Phase 3.
Published regulations
Along with the proclamation notices, and in order to give practical effect to the provisions, the Minister of Transport published the AARTO Regulations, 2026.
Key features of the Regulations include:
- a detailed categorisation of infringements and offences, together with the associated penalties and demerit points;
- provisions giving practical effect to the service-of-documents framework (including electronic service);
- the prescribed manner in which infringers may make representations and exercise elective options; and
- detail on what the habitual infringer rehabilitation programmes will involve (notwithstanding that the enabling provision has not yet commenced).
Of particular note for employers, section 33 of AARTO provides that any person who employs a person for the purpose of driving a motor vehicle may, with the written permission of that employee granted in the prescribed manner, ascertain the employee’s demerit points position from the National Road Traffic Offences Register. The Regulations prescribe the manner and form of such consent.
Employment ramifications
These developments are particularly important for employers who employ or engage drivers, or whose employees are required to hold valid driving licences or professional driving permits. Employers are accordingly encouraged to familiarise themselves with the legislation and begin to take steps to ensure compliance and risk mitigation.
In this regard, employers should ensure that they keep accurate and up-to-date records of all authorised drivers who operate their vehicles. Section 17 of AARTO (now in force in the affected municipalities) provides that the owner or operator of a motor vehicle who permits any person to drive or exercise control over such vehicle must ascertain the full names, identity document, residential, postal, business and email address of the driver, failing which the owner or operator will be liable for the prescribed penalty and fees.
For a more detailed discussion of the employment law implications of AARTO, including the interplay with disciplinary and incapacity processes, and the potential impact on employment contracts, please refer to our earlier article here.
