How to make an AARTO representation
By Shephard Dube, LLB · 8 min read · ·
It is the way to contest an infringement notice without paying anything up front, it stops the escalation to a courtesy letter and an enforcement order while it is considered, and it is refused for trivial reasons like the wrong stamp on the form more often than on the merits.
Key points
- A representation under the AARTO Act 46 of 1998 asks the Road Traffic Infringement Agency not to hold you liable for an alleged infringement. Lodging it costs nothing; a R100 fee is added only if it is rejected.
- It is made on the prescribed AARTO 08 form, within 32 days of actual or presumed service of the infringement notice.
- Submitting it halts the escalation, so the Agency may not move the matter to a courtesy letter or an enforcement order while the representation is under consideration.
- It must be commissioned, and using the wrong Commissioner of Oaths stamp is a common reason for outright rejection.
- It only applies to AARTO notices. There is no representation to the Agency on a Criminal Procedure Act fine.
Most people who believe a traffic fine is wrong do one of two things: they pay it because arguing looks expensive, or they ignore it and hope.
There is a third option that costs nothing, and it is the one the Act was built around.
What a representation is
A representation is a written submission to the Road Traffic Infringement Agency setting out why you should not be held liable for an alleged infringement. It is provided for by section 18 of the AARTO Act 46 of 1998.
Three things make it valuable.
It costs nothing to lodge. No filing fee and no attorney required. Under Schedule 2 to the AARTO Regulations, 2026, a R100 representations fee is added only if the representation is rejected.
It halts the escalation. Once a representation is submitted, the Agency may not progress the matter to a courtesy letter or an enforcement order while it is being considered. The clock on the escalation stops.
It can succeed outright. The infringement notice can be cancelled, in which case nothing is payable and nothing escalates.
First: check that it is an AARTO notice
This is the threshold question, and getting it wrong wastes the whole period.
A representation is a creature of the AARTO Act. There is no representation to the Agency on a Criminal Procedure Act fine. If your notice cites section 56 or section 341 and names a court and a date, the Agency has nothing to do with it, and sending an AARTO 08 form achieves nothing while the court date approaches.
Which system applies depends on where the infringement happened, not where you live. Our guide on which traffic fine system applies where you live works through it, our guide on section 56 notices covers the other system, and the traffic fine checker identifies which one a notice in your hand belongs to.
The 32 days
You have 32 days from the actual or presumed service of the infringement notice.
Two things about that period.
Presumed service. Since the Amendment Act came into force in AARTO areas on 1 July 2026, a notice may be served personally, by post or electronically, and a posted or electronically served notice is deemed served on the tenth day after it was posted or sent, unless you prove otherwise. The 32 days can therefore be running while the envelope is still in the post or the email sits unread. This is why the address on the vehicle registration matters so much.
It is the same window as the discount. Paying within 32 days gets you a 50% reduction. Under regulation 17(3) of the 2026 regulations, a representation made within that window does not cost you the discount if it fails: you may still pay the discounted amount within 32 days after you are notified of the result, although the R100 representations fee is added. Where the notice is plainly correct and the amount is small, paying is often the rational answer. Where it is wrong, or where you were not the driver, represent.
If the 32 days have passed, a representation can still be made in response to a courtesy letter, but not once an enforcement order has been issued. The position then depends on what stage the matter has reached, and our guides on enforcement orders and disputing a traffic fine set out what remains.
The form, and the stamp
The representation is made on the prescribed AARTO 08 form, which is an application for a representation.
Mechanics that get applications rejected before anybody reads the merits:
Complete it in black ink, not pencil, if you are submitting on paper.
Have it properly commissioned. The AARTO 08 form in the 2026 regulations still carries a certificate and stamp of a Commissioner of Oaths, and the Agency rejects applications where the wrong stamp has been used. A Commissioner of Oaths stamp verifies signatures and affirmations; a different official stamp, such as one that only certifies copies, is not the same thing and will get the application thrown out. Police stations, post offices and many attorneys can commission it.
Attach your evidence, and attach it properly: a copy of the infringement notice, and whatever supports your ground.
Keep proof of submission. The date and the reference. The form can be submitted to an issuing authority, to the RTIA, or online on the AARTO website. If the Agency later says nothing was received, this is all you have.
Quote the infringement notice number on everything.
Grounds that work
A representation succeeds on facts you can prove, not on how unfair the fine feels.
It was not your vehicle. The registration on the notice does not match yours. Attach your registration document.
You had already sold it. You sold and transferred the vehicle before the date of the infringement. Attach the notification of change of ownership and the date. Our guide on failing to notify a change of ownership explains why this goes wrong so often, and why the fines keep coming if the transfer was never recorded.
You were not the driver. Strictly this is a nomination rather than a representation, and our guide on nominating the driver sets out that process, which has its own form and its own window. Get the right one.
The vehicle was stolen or hijacked at the time. Attach the police case number.
The notice is defective. Wrong date, wrong place, a vehicle description that does not match, or details that are internally inconsistent.
The Agency missed its own deadlines. The Act sets timelines for issuing courtesy letters and subsequent documents, and a failure to comply with them is a legitimate ground.
Duplication. You have been served twice for the same infringement.
The alleged infringement did not occur, with evidence: a tracking report, a toll record, a photograph, a repair invoice showing the vehicle was in a workshop.
Grounds that do not work
Being blunt about these saves you the 32 days.
"I did not know." Not a ground.
"I cannot afford it." Not a ground, although payment arrangements are a separate conversation.
"Everybody speeds there." Not a ground.
"I never received the notice." Weak on its own, because of presumed service, and it becomes a good ground only when combined with something else, such as the notice having gone to an address you notified a change from.
"The camera must be wrong." An assertion about calibration, with nothing behind it, is not evidence. Our guide on challenging a camera fine sets out what can actually be interrogated.
"The officer was rude." A complaint, not a defence.
Write it properly
The form has limited space and the temptation is to write a narrative. Do the opposite.
One ground, stated first. Say in the first sentence what the ground is.
Then the facts that establish it, with dates.
Then the documents, listed, and attached in the order you list them.
No moral argument. The person reading this is deciding a factual question against a checklist, not weighing your character.
Two sentences and three documents beat two pages and none.
After you submit
The escalation stops while the representation is considered. If a courtesy letter or an enforcement order is nonetheless issued against you during that period, say so in writing, with your submission reference, because that is itself a ground.
You will receive a decision. It may cancel the notice, or it may refuse the representation.
If it is refused, you are not finished, but the route changed on 1 July 2026. The Amendment Act repealed the old option of electing to be tried in court. Instead you may lodge an appeal or review with the AARTO Appeals Tribunal within 30 days of receiving the reasons (section 29B), on form AARTO 10A with a R200 fee, and the Tribunal's decision can be taken to a magistrates' court within 30 days. If you do not, you pay the penalty and the R100 representations fee within 32 days. Where an enforcement order has already been issued, a revocation application is the route, and our guide on enforcement orders sets it out.
Diarise a follow-up. Representations are not always decided quickly. A note in your calendar at six weeks, with your reference number to hand, is the difference between an unanswered application and an enforcement order that surprises you at a licence renewal.
Demerit points are not in play
Because it is asked constantly in this context: as at October 2026, demerit points are not in force anywhere in South Africa. The sections of the AARTO Act that create them have never been brought into operation, the proclamations that took effect on 1 July 2026 expressly excluded them, and the proclamations that set 1 September 2026 as a start date were withdrawn in the Government Gazette of 28 November 2025. No infringement notice you receive today can cost you a point, so do not represent out of fear of points. Our guide on how demerit points work sets out the framework for when the system does start.
Worked example
This example is illustrative. A woman receives an infringement notice for a camera offence in Midrand, for a vehicle she sold fourteen months earlier. The notice comes to her old address and is forwarded by the new occupants three weeks later.
She has roughly a week and a half of the presumed period left, so she acts immediately rather than waiting to find the paperwork at the weekend.
Her ground is one sentence: she was not the owner of the vehicle on the date of the infringement, having sold and transferred it on a stated date. She attaches the notification of change of ownership bearing that date, and a copy of the infringement notice.
She completes the AARTO 08 in black ink, has it commissioned by a Commissioner of Oaths at her local police station, checks that the stamp is a Commissioner of Oaths stamp rather than a certification stamp, submits it, and keeps the reference and the date.
The escalation stops. The notice is cancelled because the ground is factual, documented and complete.
The version that fails is the same woman, with the same perfect ground, who writes three paragraphs about how unreasonable it is that fines follow old addresses, attaches nothing, and has the form stamped by somebody who only certifies copies. It is sent back as defective without the merits being reached, she does not get round to fixing it, the time runs out, and eventually an enforcement order blocks her own licence disc renewal for a vehicle she no longer owns.
What it typically costs
Updated Oct 2026| Item | Typical range |
|---|---|
| Initial consultation Many firms offer a free first consultation of 15 to 30 minutes. A full consultation on a criminal charge costs more. | R0 – R1 800 |
| Drafting representations to the Road Traffic Infringement Agency Usually a fixed fee. You can make representations yourself for nothing. | R1 500 – R6 000 |
| Having a warrant of arrest cancelled Mostly an appearance and waiting time at the court that issued the warrant. Multiple warrants or several courts cost more. | R2 500 – R12 000 |
| Bail application on a drunk driving charge After hours and weekend call outs sit at the top of the range. Police bail may need no attorney at all. | R3 500 – R15 000 |
| Defending a drunk driving charge to trial Depends on the number of court dates, whether experts are needed and whether counsel is briefed. | R25 000 – R120 000 |
| Briefing an advocate, per day in court Junior counsel at the lower end, senior counsel at the top. Preparation days are usually charged separately. | R12 000 – R45 000 |
| Application to review a licence suspension A High Court review with papers and usually counsel. Adverse costs orders are a real risk. | R20 000 – R90 000 |
| Appeal against a conviction or sentence Includes the transcript of the trial record and counsel on the appeal. | R30 000 – R150 000 |
| Attorney hourly rate Junior associates at the lower end, senior criminal and traffic specialists in the major metros at the top. | R1 200 – R3 500 |
Estimates only. Actual fees vary by attorney and complexity.
When you need an attorney
You should get help if:
- an enforcement order is already blocking your licence or disc renewal
- your representation was refused and you are weighing an appeal to the AARTO Appeals Tribunal
- fines are accumulating for a vehicle you sold and transferred
- the Agency has not decided a representation after months and is escalating anyway
- your business is receiving notices across several municipalities with no proxy appointed
Frequently asked questions
How long do I have to make a representation?
Does a representation cost anything?
Does submitting one stop the fine escalating?
Why was my representation rejected without being considered?
What if the representation is refused?
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Related guides
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AARTO is the administrative system for dealing with minor traffic offences under the Administrative Adjudication of Road Traffic Offences Act 46 of 1998. Minor offences become "infringements" handled by the Road Traffic Infringement Agency instead of by a prosecutor. Serious offences still go to the magistrates' court under the Criminal Procedure Act.
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Under AARTO a posted or electronically served notice is deemed served on the tenth day after it was sent, whether or not it reached you, and the whole escalation runs from that presumed date. Under the Criminal Procedure Act a camera notice goes by ordinary post and nobody has to prove you got it. The address on your vehicle registration is doing more work than you think.
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