AARTO and the Workplace: What South African Employers Should Prepare For

The nationwide implementation of the Administrative Adjudication of Road Traffic Offences (AARTO) Act, coming into effect on 1 December 2025, will have a major impact on employers—especially those whose staff drive for work-related purposes.

The AARTO system aims to improve road safety by enforcing stricter compliance with traffic laws through a demerit point system and administrative fines. Drivers who repeatedly commit traffic offences will accumulate points, which can ultimately lead to license suspension or cancellation.

Key Implications for Employers

  1. Shared Responsibility for Traffic Offences
    Businesses may be held responsible for traffic infringements committed by their employees while performing their duties. Employers who fail to meet their AARTO obligations could face heavier penalties, including multiplied fines.
  2. Appointment of a Company Proxy
    Employers must nominate a proxy to act on behalf of the business for vehicle-related AARTO matters. This person manages the assignment of fines and ensures demerit points are correctly allocated to individual drivers. Errors in this process could result in employer liability.
  3. Impact on Employees’ Driving Licenses
    If an employee’s license is suspended or revoked due to too many demerit points, the employer faces both operational and legal risks if that employee continues to drive on behalf of the company.
  4. Recruitment and Employment Policies
    Job applicants for driving roles may need to disclose any existing demerit points or license restrictions. Non-disclosure could constitute misconduct. Employment contracts should also state that maintaining a valid driver’s license is a condition of employment.
  5. Incapacity Procedures
    Employers should be familiar with incapacity management processes to deal with employees who can no longer perform their driving-related duties due to suspended or cancelled licenses.

Steps Employers Can Take to Stay Compliant

  • Appoint and Train a Proxy
    Assign a qualified person to oversee company vehicle administration under AARTO. Provide training on how the system works, including the allocation and management of demerit points.
  • Develop Clear Policies and Procedures
    Introduce or update workplace policies requiring employees to give consent for regular checks of their AARTO records. Outline clear steps for handling cases where licenses are suspended or points increase.
  • Require Ongoing Disclosure and Consent
    During hiring and at regular intervals, request employees to disclose their demerit status and sign consent forms allowing verification through official AARTO channels.
  • Review and Update Employment Contracts
    Add clauses that make holding a valid license and maintaining a clean driving record a requirement for continued employment. Define the consequences of non-compliance clearly.
  • Regular Monitoring of Driving Records
    Check employee driving statuses regularly using the official AARTO portal or authorised systems to detect risks early and act promptly.
  • Plan for Operational Disruptions
    Have a backup plan in case critical drivers lose their licenses. This could involve reassigning work, arranging transport alternatives, or hiring temporary drivers.
  • Raise Employee Awareness
    Conduct information sessions to educate staff on AARTO rules, safe driving practices, and how demerit points can affect their licenses and jobs.
  • Leverage Technology Solutions
    Implement fleet or driver management tools to assist with real-time monitoring, reporting, and compliance tracking.

Some common traffic offences and their updated penalties include:

Conclusion

The rollout of AARTO represents a new era of accountability for both employers and employees in South Africa. By taking proactive steps—such as appointing a proxy, updating internal procedures, and educating drivers—businesses can significantly reduce the risk of fines, license suspensions, and operational setbacks while promoting a culture of responsible driving.

For questions or advise, please contact the Cofesa national helpline:

(t): 011 679 4373

(c): 082 888 9516

(e): helpline@cofesa.co.za

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