Understanding the impact of the new Aarto law on employers

South Africa experiences an alarming high amount of road accidents and consequential fatalities and injuries annually which has the effect of costing the country billions of rand every year.

Speeding, drunk driving, lack of seatbelt and child restraint use and unsafe vehicles are some of the leading causes of accidents, fatalities and injuries on the road.

It is against this background that the President signed the Administrative Adjudication of Road Traffic Offences Act 4 of 2019 (Aarto Act) into law in 2019. Several objections were lodged against the Aaarto Act during the bill process but despite those objections, it was still signed into law.

Aarto is not yet implemented as its commencement date has still to be announced. There are also a few agencies and associations that plan on contesting the legislation.

The Aarto Act is intended to address motorists’ disregard of road traffic laws by effecting zero-tolerant policies for traffic violations.

In implementing these policies, Aarto encourages motorists to adopt a new habit of voluntary compliance.

The Act introduces a new 12-point demerit system for motorists. Under this system motorists who repeatedly commit road traffic violations can have their driver’s licence suspended or cancelled.

If a motorist’s driver’s licence is cancelled, they will be required to redo the learner’s and driver’s examinations. Motorists who drive with a suspended or cancelled licence could get a further suspension of a year and the possible sentence of a year’s imprisonment.

Appealing or objecting to an infringement notice must be done by written representation to the Road Traffic Infringement Agency (RTIA) and if unsuccessful, an appeal has to be lodged with the RTIA tribunal.

Inevitably this would have an impact on companies that rely on employees employed as drivers and who make use of company vehicles as part of their job requirements.

Once the Aarto Act commences, employers will need to ensure their drivers possess valid driver’s licences. For drivers whose licenses are suspended or cancelled, employers must ensure that such drivers do not drive.

Naturally, this will impact on the employer’s operations.

This raises questions as to what action can be taken by the employer against such drivers.

In circumstances where the driver’s licence has been suspended, the employer will need to assess the period of suspension and decide how to accommodate the employee’s inability to perform during suspension on the one hand and balancing the needs of the operational requirements of the company on the other.

In circumstances where the driver’s licence is cancelled, the employer may be able to institute incapacity proceedings against the driver.

Before the Aarto Act comes into effect, employers who employ drivers are advised to review their workplace policies and terms and conditions of employment.

Employers should have in place suitable processes to deal with drivers who are disqualified from performing their work due to their driver’s licences being suspended or cancelled.