Truth about new Aarto traffic laws and car sales in South Africa

A driving skills expert has dismissed claims that the rollout of the Aarto traffic laws in South Africa will prevent people from selling their cars if they have unpaid fines.

The Administrative Adjudication of Road Traffic Offences (Aarto) Act will launch nationally in December 2025, with full enforcement by September 2026. The law introduces a new way of handling violations and brings in a licence demerit points system similar to the UK.

What Aarto changes

• Minor violations will be treated as infringements, managed administratively by the Road Traffic Infringement Agency.

• Serious violations remain offences and will continue through the courts.

• Drivers will face a demerit points system that can lead to licence suspensions if thresholds are exceeded.

Do fines block car sales?

ChangeCars CEO Michael Pashut warned that unresolved infringements could stop a car from being sold. But Driving.co.za’s Rob Handfield-Jones says this is not true for private car owners.

• Fines and points apply to the driver, not the vehicle.

• Private cars do not “carry” infringements, meaning unpaid fines do not block ownership transfers.

• Handfield-Jones said there is no evidence that enforcement orders prevent sales, and such a rule would create chaos for finance, insurance, repossessions, and estates.

Bigger risk for company cars

The real impact will fall on businesses that own vehicles.

• Company cars and bakkies accumulate demerit points linked to the business.

• If a vehicle exceeds 15 points, it is banned from the road for three months per point over the limit.

• Company directors risk a one-year jail term if banned vehicles are used.

• Selling or scrapping the vehicle does not erase the points they move to the next registered company vehicle.

Businesses will also need to nominate the driver responsible for each infringement, or face fines and points themselves.

What drivers should know

• For private car owners, unpaid fines will not stop a car sale.

• The worst outcome from an enforcement order is being unable to renew a licence disc until fines are resolved.

• For companies, failure to manage infringements could lead to suspended vehicles, added liability, and possible criminal penalties.

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