Property Law

Generally, exceeding the speed limits on roads will lead to a fine. Once the AARTO Act has been rolled out nationally and the demerit points system has been implemented, the fine will also be accompanied by negative demerit points against your name.

• However, speeds that excessively exceed the limits can get you arrested and may lead to your licence being suspended or cancelled.
• A person that exceeds the speed limit by 30 kilometers per hour in an urban area or 40 kilometers per hour on a freeway, can be arrested and brought before the court.

There are consequences if your vehicle is not roadworthy, such as it being confiscated. However, how often must a vehicle actually be taken for a roadworthiness test?

• As a general rule, a roadworthiness test must be conducted every time a vehicle changes ownership. The roadworthiness test is a legal requirement to ensure that a vehicle meets the safety standards set by the South African Bureau of Standards (“SABS”).
• There are certain instances where a licence disc for a vehicle will not be issued if a valid certificate of roadworthiness was not issued within 60 days before the renewal of the licence disc. For example, a minibus that is used to convey 12 or more persons must do a yearly roadworthiness test, and a vehicle used to convey people for reward.
• Another exception to the general rule relates to buses, which must do a roadworthiness test every six months.