| (1) | The demerit points to be incurred by an infringer or offender, as contemplated in section 29(c) of the Act , in respect of an infringement or an offence, are set out in column 6 of Schedule 3. |
| (2) | An infringement or offence committed by an operator in terms of section 89(1), read with section 49 of the National Road Traffic Act, is indicated in column 9 of Schedule 3 and will be charged in accordance with the charge code referred to in column 1 of Schedule 3 and the demerit points to be incurred for such an infringement or an offence, are recorded separately and indicated in column 6 of Schedule 3 as required by section 24(3)(b) of the Act. |
| (3) | Where an infringement or offence has been committed by an operator in terms of section 89(1), read with section 49(d), (e), (f) or (g) of the National Road Traffic Act , the operator will be responsible for the payment of the penalty in terms of the section 49 charge, and the driver of the motor vehicle will be responsible for the payment of his or her penalty as indicated on form AARTO 01 or AARTO 02 in which case, the demerit points applicable to such an infringement or offence shall be allocated to that driver and specific operator for the respective infringement or offence. |
| (4) | An infringement or offence committed by a juristic person who is not an operator for the roadworthiness of a motor vehicle in terms of section 89(1), read with section 42(1) of the National Road Traffic Act, is indicated in column 9 of Schedule 3 and will be charged in accordance with the charge code referred to in column 1 of that Schedule, and the demerit points to be incurred for such an infringement or an offence, are recorded separately and indicated in column 6 of Schedule 3. |
| (5) | In the case of an infringement referred to in regulation 3 and where the owner fails to nominate the driver of the motor vehicle in accordance with regulation 6, such owner shall remain liable for such infringement or offence and the demerit points applicable to such an infringement or offence shall be allocated to — |
| (a) | the driver record of the owner in the case where the owner is a natural person; |
| (b) | the operator card of the motor vehicle in the case where the owner is an operator; or |
| (c) | the motor vehicle licence disc of the motor vehicle in the case where the owner is a juristic person who is not an operator. |
| (6) | The total number of demerit points which, if exceeded, results in the disqualification of an infringer to drive or operate any motor vehicle, as contemplated in section 29(d) of the Act, is 15 points. |
| (7) | In terms of section 28 of the Act, the demerit points of an infringer, operator or juristic person must be reduced by the Authority by— |
| (a) | one point for every three months as referred in section 28 of the Act; or |
| (b) | four points after the period in which a rehabilitation programme contemplated in regulation 23 has been successfully completed. |
| (8) | A notification contemplated in section 24(4A) of the Act informing the Authority, for purposes of allocating demerit points to such an offender, of the decision of the court in relation to any conviction where an offence was committed, must be made in the manner contemplated in regulation 35(5) within 10 days from the date when the offender was convicted. |
| (9) | If an operator or a juristic person who is not an operator is the owner of a motor vehicle as contemplated in subregulation (3), (4) or (5)— |
| (a) | alienates or sells such motor vehicle; |
| (b) | declares such motor vehicle permanently unfit for use; |
| (c) | exports such motor vehicle; or |
| (d) | reports such motor vehicle as stolen, |
while the owner of such motor vehicle has demerit points recorded against the operator card or motor vehicle licence of such motor vehicle, such demerit points must—
| (i) | be stored on the National Road Traffic Offences Register; |
| (ii) | be allocated to the operator card or motor vehicle licence of the next motor vehicle acquired by such operator or juristic person that requires an operator card or licence disc as the case may be; and |
| (iii) | the provisions of section 28 of the Act on the reduction of demerit points shall apply to such demerit points once such demerit points have been allocated to the next acquired motor vehicle. |
[Regulation 20 shall come into operation on 1 September 2026, as per section 41(1)(b) of this (Notice No. 6782 of 2025)]
