For many business owners, traffic fines have traditionally been treated as an administrative nuisance: a notice arrives, someone establishes who was driving, the fine is paid, and the matter is closed. Under AARTO, that approach needs to change. For employers, AARTO is no longer only about the fine. It is becoming a recordkeeping, employment, payroll and business-continuity issue.
When the following is applicable to your business, please take note:
- Your business owns vehicles;
- Your business provides company vehicles to employees;
- Your business employs sales representatives, technicians, delivery drivers and other staff who need to drive to perform their duties.
Know who was driving
One of the most important implications for businesses is the link between the registered vehicle owner and the person actually driving. Where a company owns or operates a vehicle and permits another person to drive it, AARTO places obligations on the owner or operator to establish prescribed identifying and address information relating to that driver. The practical question for an employer is therefore simple: “Can you prove who was driving a particular company vehicle on a particular date and at a particular time?”
A shared set of vehicle keys without a reliable allocation record is no longer good enough risk management. Businesses should maintain a practical vehicle-use record showing which employee had possession or control of each vehicle and when. Depending on the business, this could take the form of a vehicle register, logbook or electronic fleet-management system. Driver and contact information should also be kept current.
The first 32 days matter
Once an infringement notice has been served, the recipient generally has an initial 32-day period in which to respond. Depending on the circumstances, options may include paying the penalty at the applicable 50% discount, making a representation, applying to pay in instalments or nominating the person who was driving, where the recipient was not the driver. For a business, this means that infringement notices should not be left unattended in an Accounts/Info inbox, reception tray or vehicle file. A specific person should be responsible for receiving, reviewing and actioning AARTO notices so that the appropriate response can be made within the prescribed period.
Ignoring a fine can become an operational problem
If the AARTO process progresses to an enforcement order, the consequences can extend beyond the original penalty. The AARTO framework provides for restrictions affecting the issuing of certain road-traffic documents in applicable circumstances. For businesses that depend on company vehicles, professional drivers or employees who travel regularly, an unresolved infringement can therefore develop into an operational risk. Businesses should also make sure that their vehicle-registration and electronic contact information is current and that any email address used for official notices is actively monitored.
What should businesses do now?
A practical AARTO readiness check should include appointing a person responsible for AARTO and that person should be empowered to complete the following tasks:
- Updating company-vehicle administration;
- Being listed as the contact person for infringement notices;
- Actively monitoring electronic and postal infringement notices to inform the responsible parties;
- Accurately complete the AARTO 07 form once an infringement notice is received and the driver of the vehicle was not the owner of the said vehicle;
- Keeping an up-to-date register of company vehicles and authorised drivers;
- Recording who has possession or control of each vehicle and the date and time of allocation and return;
- Keeping driver’s licence and PrDP information current, where applicable;
- Implementing a process for dealing with notices within the 32-day period; and
- Reviewing and communicating company vehicle policies.
AARTO is currently being implemented in phases, with Phase 2 having commenced on 1 July 2026. Employers should therefore continue to monitor official RTIA communications as the system expands to further phases.
The business risk is bigger than the fine
For employers, the important question is no longer simply, “Who is going to pay the fine?” It is whether the business can identify who was driving, respond within the required timeframe, keep vehicle records up to date and keep its operations moving. A few good controls today can prevent an administrative traffic fine from becoming a much bigger business problem tomorrow.
Based on the AARTO Act and amended acts, this article contains general information and does not constitute legal advice. Please read the relevant legislation for any specific enquiries.
Source Reference:
- Magubane, A. and Loubser, C. (2026) ‘South Africa: AARTO Phase 2 – Key provisions now operative in 62 municipalities’. Available at: https://bowmanslaw.com/insights/south-africa-aarto-phase-2-key-provisions-now-operative-in-62-municipalities [25 August 2026]
- Republic of South Africa (1998) Administrative Adjudication of Road Traffic Offences Act 46 of 1998. Pretoria: Government Printer. Available at: https://www.gov.za/documents/administrative-adjudication-road-traffic-offences-act [25 August 2026]
- Road Traffic Infringement Agency (RTIA) (2026) AARTO Phase 2 implementation proceeds as scheduled’. Available at: https://www.rtia.co.za/about.php [25 August 2026]
- AARTO 07 form: https://cdn.dearsouthafrica.co.za/wp-content/uploads/2025/09/17153713/AARTO07.pdf