New AARTO Regulations Issued

In particular, in terms of section 29 of the Act, the Minister has, in Schedule 3, prescribed the offences and categorised them into minor infringements, major infringements and other offences; prescribed the penalty payable; and prescribed the demerit points incurred for each offence or infringement.

For employers, it is important to note that the demerit point system is not yet in effect. Once operative, however, its implications will be significant. Where an employee is engaged as a driver, or where operating a motor vehicle is a material term of their conditions of employment, a driver who is disqualified through accumulated demerits will be unable to fulfil that material term, raising questions of misconduct, incapacity or unpaid suspension. Private vehicle conduct may also affect the employment relationship. Recruitment will require scrutiny of an applicant's AARTO record, and non-disclosure may constitute a dismissible offence.