Nowhere to hide from fines

THE Department of Transport anticipates that some motorists might stoop to bribery to avoid losing their licences when the AARTO demerit system comes into effect. Officials have warned that this is a criminal offence, and tough action will be taken against anyone caught trying to cheat the system.

“Once people realise that repeated offences could cost them their licences, some will be willing to ‘empty their bank accounts’ to stop points being deducted, to make traffic officers look the other way,” said Collen Msibi from the Department of Transport.

The issue is real. “Last Easter and December, there were quite a huge number of people arrested for attempting to bribe traffic officers,” he said. “For us, it’s also a change of culture within law enforcement. We’re not saying the rotten potatoes aren’t there, but there are people who are serious about their jobs and will arrest those trying to bribe. If motorists know their licence is going to be suspended, many will try to take matters into their own hands. With officers enforcing the law, we believe we’re making progress,” said Msibi.

He also confirmed the implementation of an online system where the history of every motorist will be publicly accessible, in an attempt to clean up the country’s chaotic fines system as AARTO approaches its national launch.

“It's basically a register if you want to see the history of your traffic fines. It doesn't mean that certain people will make it to the list and others won't, everybody will be on that. If you've committed a traffic infringement, you will appear on the system. Everything will be on one database,” said Msibi.

He said these measures fall under the ambit of AARTO, the Administrative Adjudication of Road Traffic Offences. The system, which will standardise how infringements are dealt with nationally, is already up and running in Tshwane and Johannesburg, but the rest of the country will go live in July.

“AARTO means that we are decriminalising the traffic offences system. In other words, if you are given a fine, it eventually turns into a warrant of arrest. But with AARTO, you won’t be arrested, you’ll be blocked from renewing your licence or disc,” he explained.

He said there will be four steps in the new system. Firstly, if you pay a traffic fine in the first 32 days after it is issued, you are automatically entitled to a 50% discount. Secondly, after that period, you must pay the full fine, and motorists will go to a tribunal rather than court if they wish to dispute it.

The third stage is when an “admin mark” is placed against your name. “In other words, you are blocked. You cannot transact whatsoever until you pay all your fines,” said Msibi.

The fourth stage is when the demerit system comes into effect. “We give you 15 points, and once you've exhausted all 15, your licence is suspended for three months.”

He warned that once a licence has been suspended three times, the motorist is considered a “habitual offender,” their licence is scrapped, and they must reapply and participate in a rehabilitation programme. “It’s an educational programme to orientate motorists on what they shouldn’t be doing on the road. It’s a soft landing, where we counsel you on the issues that landed you there, and assist you to take your licence again,” said Msibi.

Meanwhile, traffic authorities have stepped up surveillance on the country’s roads as the December holiday season begins. Drivers with outstanding fines have been warned to pay up or face consequences, including possible jail time if stopped by officers at roadside checkpoints.

Currently, there are 32 million unpaid fines in South Africa, running into billions of rands, according to FINES SA, a company that assists motorists with fine payments. Co-founder Barry Berman said that integrated national and municipal systems now flag outstanding fines during routine eNaTIS transactions and at roadblocks.

“In many cases, motorists only realise they have unpaid fines when stopped at roadblocks, risking unexpected licence blocks, penalties, and disruptions to travel plans,” he said.

Even though the traffic demerit system has not yet come into effect, motorists are already encountering blocked licence renewals, surprise summonses, ballooning penalties, and flagged vehicles. “This time of the year is critical; people are travelling more and law enforcement officials are out checking fines, drunk driving, and many other offences,” said Berman.

He added that many are unaware that they have an outstanding fine or warrant of arrest and that if they are stopped on a road trip, they could be arrested and spend time in jail while courts are closed. 

“Motorists are shocked when they discover that their licence can’t be renewed or their vehicle has been flagged. Real-time data integration means your driving record follows you everywhere. We strongly encourage drivers to check for outstanding fines and settle them,” he added.

EThekwini Municipality said failure to pay fines has a major impact on revenue collection, although the total outstanding cannot be precisely calculated. “Fines are issued daily, and some are still being processed. Values fluctuate as new fines are generated, existing fines processed, and payments made,” said spokesperson Gugu Sisilana.

She said fines are issued for offences like speeding, parking violations, and driving without a valid licence. 

“Non-payment undermines road safety initiatives and negatively impacts the Municipality’s revenue collection efforts. We encourage motorists to settle outstanding fines promptly to avoid further penalties and support safer, law-abiding road usage,” Sisilana added.