As South Africa prepares to roll out the next phase of the Administrative Adjudication of Road Traffic Offences (AARTO) demerit system, the conversation has largely centred on fines, licence suspensions and how many points motorists can afford to lose.
But, according to partner at DSC Attorneys, Kirstie Haslam, the more important question is whether the new system will actually save lives.
“Every road accident file represents a person whose life changed in an instant,” says Haslam. “Behind every statistic is someone living with catastrophic injuries, a grieving family, or a person who can no longer work because of injuries sustained in a preventable crash. If AARTO succeeds in changing driver behaviour, its greatest success won’t be the number of fines issued. It will be the accidents that never happen.”
South Africa continues to have one of the highest road fatality rates in the world, with reckless driving, speeding, distracted driving, alcohol abuse, pedestrian vulnerability and poor compliance with traffic laws contributing to thousands of deaths and serious injuries every year.
Haslam says stronger enforcement has an important role to play, but cautions against expecting the demerit system to be a silver bullet.
She points out that demerit points create accountability, and accountability can influence behaviour.
“Internationally we’ve seen that consistent enforcement can reduce dangerous driving over time, but road safety is far more complex than simply penalising speeding offences,” she explains. “Lasting change requires visible policing, better road infrastructure, safer vehicles, effective public education and a culture where traffic laws are respected.”
As a personal injury attorney who regularly assists victims pursuing claims through the Road Accident Fund (RAF), Haslam says the introduction of AARTO is unlikely to result in an immediate decline in claims.
She continues: “The unfortunate reality is that serious crashes will continue to happen. We will still see innocent passengers, pedestrians, cyclists and responsible motorists whose lives are forever altered by someone else’s negligence. Until we see sustained behavioural change across the country, the need for RAF compensation will remain.”
Haslam also believes the implementation of AARTO presents an opportunity to clear up common misconceptions about the relationship between traffic offences and RAF claims.
“Many motorists assume that receiving demerit points automatically affects their right to claim from the Road Accident Fund, or that if another driver loses their licence, it guarantees success in a claim. Neither assumption is correct.”
She explains that AARTO and the RAF serve entirely different legal purposes.
“AARTO is an administrative system designed to improve compliance with traffic laws and encourage safer driving whilst the Road Accident Fund exists to compensate people who have suffered injuries or losses as a result of negligent driving. Whether someone receives demerit points does not determine whether an RAF claim succeeds. Each claim is assessed on its own facts and the evidence surrounding the accident.”
Ultimately, Haslam believes the measure of AARTO’s success should extend far beyond the number of fines issued or licences suspended.
“As personal injury attorneys, we would much rather fewer families having experienced the trauma of a devastating road accident. Prevention will always be a better outcome than compensation.”
She adds that if the new demerit system encourages even a small percentage of motorists to slow down, put their phones away, avoid driving under the influence or think twice before taking unnecessary risks, it has the potential to make a meaningful difference.
“One decision behind the wheel can change multiple lives forever. If AARTO helps prevent even one family from receiving that life-changing phone call, then it is a step in the right direction,” she concludes.