For most drivers, there
can be nothing more annoying than a reckless driver that dangerously cuts in
front of you, accelerates through red robots or drives facing oncoming traffic.
This is the reality for
drivers in South Africa’s towns and cities but that may be a thing of the past
should authorities properly enforce the upcoming demerit system.
This is because one of
the implications for drivers is that they could potentially lose their driver’s
license for committing road traffic infringements.
Not only could this leave
you, or an employee of your company, not able to drive, but it could potentially
influence your short-term insurance.
With the new
Administrative Adjudication of Road Traffic Offences (Aarto) Amendment Act due
for implementation on 1 July, these are stark realities that individuals and
employers will have to be aware of.
That is because the Aarto
Act includes a demerit system whereby a person, operator or company juristic
person, will not only pay a fine but will also incur demerit points when a
traffic infringement is committed.
This could ultimately
lead to one’s driver’s licence being suspended or cancelled or, complicate the
employment of an individual hired explicitly to perform a driving function.
The
demerit concept
The concept of a demerit
point system to encourage drivers to abide by traffic laws might be new to
South Africa, but it is an established practice internationally. Countries such
as Australia and the United Kingdom have long had such systems in force.
As much as it has not
been implemented yet, South Africa’s demerit system was signed into law in
September 1998 already as part of the Aarto Act, Act 46 of 1998.
How
will the point system work?
Once the system is
implemented drivers will start with zero points. For every infringement – which
includes laws regarding the roadworthiness of a vehicle – demerit points will
be allocated.
For example, the
published guidelines state that if a brake light is not working on the vehicle,
one demerit point will be allocated, as well as a fine of R1,000.
Some infringements can
lead to up to six demerit points. The full schedule of the more than 2 500
separate charges can be viewed in the Aarto Act.
Drivers will be allowed
to accumulate a maximum of 15 demerit points over a three-year period. Learner
drivers, however, will only be allowed a maximum of six points.
Should a driver exceed
this number, their licence will be suspended for a period of three months. If
you drive while your licence is suspended, you will be subject to a fine or
even jail time.
The good news is that
demerit points decrease by one point every three months. This means that
drivers can work their way back to zero points over time.
A licence may be
suspended twice, but on the third instance, the licence will be cancelled. The
person will then have to apply for a new learner’s licence and driver’s
licence.
Company
vehicles and the Aarto Act
When it comes to a
vehicle belonging to a company, the Aarto Act is clear as to how the demerit
system will work.
The Act states that
companies must keep an accurate record of who the driver of a vehicle is.
Should a traffic infringement be recorded, the company must then ensure that
the demerits accrue to the correct person, and not the person who is appointed
as proxy for the vehicle.
This does mean, that even
if you drive a company vehicle, you will also accrue demerit points against
your driver’s licence should you incur an infringement.
Although there is no
clarity as to how employers will be able to access the point status of employees,
the Aarto Act is very clear in that an employer can be held responsible if it
allows a person whose licence has been suspended, to operate one of its
vehicles.
Concerning the
roadworthiness of a vehicle, the company as the owner of the vehicle will be
held responsible, and demerit points will be issued against the licence or
operator disc of the vehicle.
The vehicle can therefore
also accrue demerit points to the extent that it is not allowed to be operated
by any person for a stipulated period of time. It is therefore important that
the company (as the owner of the vehicle) and the employee (as operator) ensure
that company vehicles are roadworthy at all times.
The
Aarto Act and your short-term insurance
All companies offering
short-term car insurance require that drivers of insured vehicles must have a
valid driver’s license. The risk of a client clearly changes if a license is
suspended or withdrawn and it will be the client’s responsibility to update
his/her insurance accordingly.
This will mean that
although short-term insurers will still insure the particular vehicle, they
will not honour any accident or damage claims where a driver of that vehicle
was driving while his or her driver’s license was revoked or suspended.
Given the introduction of
the Aarto Act, insurers might also consider additional conditions and/or
excesses should a driver exceed a certain number of demerit points.
Pictures by Pixabay
Article by Wilma van der Walt, executive at PPS Short Term Insurance
Featured in Buisnesstech on line