Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)RegulationsAdministrative Adjudication of Road Traffic Offences Regulations, 2025Chapter 5 : Demerit points, Disqualification, Cancellations and Rehabilitation programmes23. Rehabilitation programmes |
| (1) | The Authority may administer rehabilitation programmes that must— |
| (a) | focus on the objectives specified in subregulation (2); and |
| (b) | provide a syllabus covering the subject matters set out in subregulation (3). |
| (2) | The objectives of rehabilitation programmes must be to— |
| (a) | provide a habitual infringer with the information and skills necessary to develop positive attitudes to driving and to change driving behaviour; |
| (b) | to develop safer driving behaviour in infringers and offenders; |
| (c) | to provide an operator with the information and skills necessary to manage the roadworthiness, drivers and operation of its vehicles; and |
| (d) | to provide a habitual infringer with the opportunity to reduce such infringer's demerit points to enable the infringer to reapply for his, her or its driving licence, professional driving permit or operator card, as the case may be. |
| (3) | The syllabus for a rehabilitation programme must contain and cover the following subject matters: |
| (a) | The interpretation and content of the relevant road and traffic legislation; |
| (b) | the responsibilities of the holder of a driving licence and professional driving permit; |
| (c) | the results of unsafe driver and operator behaviour; |
| (d) | the responsibilities of an operator relating to the administration, drivers, vehicles, road safety, the transportation of dangerous goods and loading of vehicles; |
| (e) | a driver simulator test; and |
| (f) | a psychologist evaluation to determine a person's mental state, perceptual, cognitive, emotional and social processes and behaviour by observing, interpreting and recording how the person relates to the responsibilities associated with driving a motor vehicle on a public road. |
| (4) | The Authority must ensure that all rehabilitation programmes comply with the requirements of subregulations (2) and (3) before such programmes may be administered. |
| (5) | An infringer or operator who is regarded as a habitual infringer in terms of the Act may apply for attendance and completion of a rehabilitation programme for the purpose of the reduction of demerit points by completing and signing form AARTO 11A as contained in Schedule 1. |
| (6) | The application contemplated in subregulation (5) must be submitted in accordance with regulation 35(1), together with— |
| (a) | the fees specified in paragraph 5.9 of Schedule 2; and |
| (b) | a legible copy of acceptable identification. |
| (7) | The Authority or issuing authority must, upon receipt of the application together with proof of payment of the fees contemplated in subregulations (5) and (6) respectively, capture and process the details of the infringer on the National Road Traffic Offences Register in accordance with regulation 35(2) and inform the infringer of the result of the application in accordance with regulation 35(4) on form AARTO 11Ac indicating— |
| (a) | the time and date when the rehabilitation programme will take place; |
| (b) | the venue and the nature of the rehabilitation programme; |
| (c) | the duration of the rehabilitation programme; |
| (d) | details of the service provider who will be administering the rehabilitation programme on behalf of the Authority; and |
| (e) | the number of demerit points that will be reduced, as contemplated in regulation 20(6)(b) of the Act, after completion of the rehabilitation programme. |
| (8) | An infringer may only apply for the attendance of a rehabilitation programme once in every 12-month period. |
| (9) | Upon completion of a rehabilitation programme, the Authority must provide or be provided, in accordance with regulation 35(5), with electronic certification of the rehabilitation programme attended and the results of the attendance within five days after such completion. |
| (10) | Upon receipt of a certificate contemplated in subregulation (9), the Authority must capture and process the details of the infringer on the National Road Traffic Offences Register in accordance with regulation 35(2). |
| (11) | If the rehabilitation programme was successfully completed, the Authority must inform the infringer or operator on form AARTO 11Aa in accordance with regulation 35(4) and within 21 days from the date when the rehabilitation programme was completed, that such programme was successfully completed and that— |
| (a) | the number of demerit points have been reduced in accordance with regulation 20(7 )(b); and |
| (b) | if applicable, a suspension is revoked, if the number of demerit points reduced based on successful completion of the rehabilitation programme is equal to or below the threshold of the number of demerit points which will result in suspension, as contemplated in regulation 20(6). |
| (12) | If the rehabilitation programme was not successfully completed, the Authority must inform the infringer on form AARTO 11Ab, in accordance with regulation 35(4) and within a period of 21 days from the time when the rehabilitation programme was completed that the demerit point status will remain intact without any reduction. |