Excessive Speeding and the Law – A Costly Pursuit!

Section 59 of the National Road Traffic Act (“the Act”) states that it is an offence for a person to drive a vehicle on a public road at a speed in excess of the general speed limit, which for urban roads is 60 kmh, roads outside an urban area but which are not freeways are 100 kmh and 120 kmh for freeways.

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Law enforcement officers will issue an offender with a ‘ticket’ for speeding if caught driving in excess of the prescribed speeds above. In these instances, offenders are given the option to make payment of the fine imposed or contest the charge in Court. These so-called minor traffic offences are also referred to as admission of guilt fines. Where an offender chooses to pay the fine, he admits his guilt to the offence, without having to appear in Court.

However, for offenders who speed in excess of 30 kmh in urban areas and 40 kmh outside urban areas and freeways of the prescribed speed limit, the Act regards as in a serious light and makes no provision for a payment of an admission of guilt fine. Law enforcement officers are required to arrest offenders and criminally charge them with reckless and negligent driving, in terms of Section 63 of the Act.

An offender is either summoned to appear in Court or imprisoned and may then be released on bail. The offender will have to appear in Court and face criminal prosecution of the alleged offences. Section 35 of the Act prescribes that, offenders who are convicted of this offence shall have their licence suspended for a period of at least six months on their first offence, five years if it is their second and ten years if it is their third offence.

Lastly, if an offender is convicted of reckless and negligent driving, Section 89 of the Act further empowers the Magistrate to impose a fine or term of imprisonment. The offender will have a criminal record, which remains for life unless expunged.

What about the ‘AARTO’ Act?

In a nutshell, the Administrative Adjudication of Road Traffic Offences Act has been promulgated with the purpose of administering traffic offences, which are previously dealt with by the criminal law system. AARTO will prescribe most traffic violations as infringements, subject to fines and demerit points, whilst only the more serious offences will be subject to criminal prosecution, where a court appearance would be necessary.

Although the AARTO Act intends to decriminalise certain traffic offences, it will however implement a points demerit system, in which one’s driving licence is suspended for three months for every point exceeding the threshold for demerit points. Three suspensions will result in the cancellation of your licence with the resultant effect of having to re-do both learner’s and driving tests. Despite the AARTO Act having been implemented, the points demerit system is only set to take effect as of 1 July 2022.