President Cyril Ramaphosa has signed the Administrative Adjudication of Road Traffic Offences (AARTO) Bill into law. The bill, which will result in the setting up of a demerit system for drivers, is expected to fundamentally change driving in the country by having licensed drivers lose points for traffic offences, which may result in the loss of a driving license.
In the wake of this new bill, a few insurance service providers have suggested that the bill might have harsh effects on the insurance industry, one of them being the suspension of motorist's licenses that could most likely increase insurance premiums or excess for SA drivers in general.
The effect on insurance premiums
The immediate concern for most motorists will be around just how much does this new bill affect their insurance premiums?
Old Mutual Insure Insurance expert, Christelle Colman says: "The demerit system could potentially be linked to underwriting criteria as it does reflect driving behaviour. Drivers with a poor record on this system could face higher premiums but that would be at the discretion of each company."
Depending on how well and efficiently the bill is rolled out, this new law could see good drivers benefit from better premiums with the bad drivers being penalised. The transport department says the new law will help reduce road deaths across the country.
The bill does, however, paint a bit of a dim picture when it comes to how it will affect the insurance industry.
Colman says: "The highest risk is that drivers could lose their licenses due to speed fines (even minor ones) which could potentially mean that their existing motor policies will not respond or that they will not be able to get motor insurance. We already have a very high percentage of uninsured vehicles on the road. This will increase uninsured vehicles on the road and will also have a severe impact on the recovery process after an accident."
Forfeiting claims and cover
To further compound matters, the repossession of driver's licenses would cause the driver's claims/cover to be forfeited. Colman cautions that, "based on current policy wording cover will not exist if a driver does not have a valid driver’s license. It will also be very difficult for insurance companies to waive this requirement as it is the law to have a valid driver’s license."
Amid all the mixed reactions from the greater South African public, Old Mutual Insure has already started with preparations for the implementation of the new bill and is currently reviewing their underwriting criteria to see what their approach will be.