According to the Department of Transport (DoT), the postponement is owing to the inadequate state of readiness of several municipalities that are part of the initial implementation phase.

The Department will publish a new proclamation at a later date, which will set out the updated staggered implementation dates. Only the dates of the planned phased out approach will be changed. The rest of the Act is expected to remain the same.

Some points clarified in a recent Government Gazette:

• Paying fines within 30 days reduces penalties by 50%.
• Initially, it will link company vehicle fines directly to the business's official Registration Number (BRN).
• Vehicles cannot be renewed or transferred until fines are paid.
• Demerit points can only be transferred to drivers during the third phase.
• Once drivers accumulate 15 demerit points their licences can be suspended or cancelled.
• The Act includes a driver rehabilitation programme.

While it was expected that the Act would become less onerous, this is not true for businesses. The CEO of MasterDrive, Eugene Herbert, explains: “The initial removal of a proxy removes a significant amount of administrative burden. Simultaneously, it has its own administrative requirements.

“If fines are not settled within 30 days not only is the discount lost but consequences escalate. With unpaid fines, businesses cannot renew vehicle licences, transfer ownership or register new vehicles. This requires the appointment of someone to trace and settle fines.”

Should an organisation fail to do this, and fines remain unpaid, this can incapacitate a business by preventing legal operation. “This heralds major change for organisations that do not settle fines under the current legislation. In 2023, it was estimated that less than 20% of fines were paid.

“The new AARTO Act makes it impossible to avoid non-compliance. The eNatis system can trace fines using the Business Registration Number. It necessitates tracking fines internally and instituting verified payment systems immediately to avoid costly downtime,” Eugene says.

Organisations without formal processes to manage traffic violations should change this immediately. “Others, despite the continued delays, have embraced the change and are preparing for the implementation. Additionally, these organisations train their drivers to avoid the likelihood of committing an infringement or offence.

“It places direct accountability and administrative responsibility squarely on organisations. Failing to adapt can result in operational disruptions that could halt businesses entirely. The message is clear: proactive compliance is no longer optional, it is essential for continued operations," Eugene concludes.