Statistics Act, 1999
R 385
Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998)Chapter IV : Points demerit system24. Points demerit system |
| (1) | Any person who has committed an offence or an infringement, incurs the number of demerit points prescribed under section 29(c) in accordance with subsections (2) and (3). |
| (2) | Subject to subsection (4), demerit points are incurred on the date on which the penalty and fee, if any, imposed for the infringement are paid, including when partial or dishonoured payments, or arrangements to pay in instalments, are made, an enforcement order is issued or the infringer is convicted of the offence as the case may be. |
[Section 24(2) substituted by section 15(a) of Act No. 72 of 2002]
| (3) |
| (a) | If a person has committed two or more infringements or is convicted by a court of two or more offences arising out of the same circumstances, demerit points are recorded, subject to paragraph (b), only in relation to one such infringement or offence, being, in any case where the same number of demerit points does not apply to all those infringements or offences, the infringement or offence to which the greatest number of demerit points applies. |
| (b) | The demerit points in respect of offences or infringements by operators and drivers are recorded separately even if they arise out of the same circumstances. |
| (4) | If a person appeals against a conviction by the court for an offence no demerit points are recorded unless the appeal is rejected or abandoned in which case demerit points are incurred in the prescribed manner. |
| (4A) | For the purpose of recording the demerit points as contemplated in subsections (3) and (4), the clerk of the court must notify the agency of the result of each prosecution and appeal. |
[Section 24(4A) substituted by section 15(b) of Act No. 72 of 2002]
| (5) | A printout from the national contraventions register which is verified by the agency is on the face of it evidence of the demerit points incurred by a person, but nothing prevents a person from approaching the court on appeal or review in connection with the demerit points recorded against that person in the said register. |
