I got this email today - seems to be full of useful and (hopefully) valid information.
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JMPD officers operate another roadblock. But if it's been lost in the post, drivers may not even be aware they've incurred a traffic fine.
What to do? There are traffic fines linked to your identity number on the www.paycity.co.za website, but you haven't received the actual fines either by post or hand delivery. Do you pay them or not?
Yes, according to the Johannesburg Metro Police Department (JMPD).
No, according to traffic-law experts, the Justice Project South Africa (JPSA).
JMPD spokesperson Wayne Minnaar says that all fines are supposed to be handed to offenders personally or sent by post, but even if this hasn't happened, if you're aware that the fines exist (for instance by visiting the www.paycity.co.za website) it means you're liable for their payment.
He claims that fines may be sent by ordinary surface mail and need not be registered.
Absolute rubbish, says JPSA's chairman, Howard Dembovsky, who says any fine must be either personally served or sent by registered post, and the law supports his statement.
Section 30 (1) of the Aarto Amendment Act states: “Any document required to be served on an infringer in terms of this act must be served on the infringer personally or sent by registered mail to his or her last known address.”
So why are the JMPD going against this?
“JMPD are a law unto themselves,” says Dembovsky.
“This legislation has been very poorly managed and knowledge with respect to how it operates is sparse. There are few people who understand it and the JMPD are taking advantage of this ignorance to further their own objectives.”
Dembovsky says the traffic department also rely on the fear they have managed to engineer over the past decade where motorists will comply with their demands, lawful or not, because they are so scared of being locked up.
“This is tantamount to criminality in that it is intimidatory and extortionist and the only people that are not scared of them are those who know their rights and obligations under law.”
Dembovsky says the JPSA has submitted a complaint to the Public Protector over the JMPD's actions, and is awaiting a response shortly. If successful, it means a lot of fines issued in Joburg over the last few months could be declared illegal and quashed.
It may be comforting in principle to know that you're not liable to pay a fine if you've never received it by registered mail, but the average motorist, when stopped at a roadblock and threatened with arrest unless they pay the fine, will quickly cough up to avoid jail time.
But Dembovsky was emphatic that motorists could not be arrested for an outstanding Aarto fine, and said his organisation had dedicated attorneys who would protect motorists when they are threatened with arrest at a roadblock.
If you are stopped at a roadblock you can call the JPSA hotline on 081 302 3694.
Prior to the introduction of Aarto, the Criminal Procedures Act compelled traffic authorities to prosecute traffic offenders and those who didn't pay their fines could be summonsed to court for fines as low as R50. The Aarto Act removes the criminal factor from the more minor traffic infringements which means you can't be arrested for them. (When a driver has committed an offence - which is more serious than an infringement - there is no fine and the driver must appear before a magistrate. Examples of offences are drunk driving, driving a vehicle without both number plates affixed, driving at over 40km/h more than the speed limit, etc).
Simply ignoring infringement fines will have dire financial consequences which get worse the longer you don't pay. If a fine is paid within 32 days of the receipt of the infringement notice, then a 50 percent discount applies. However, the associated demerit points (once they're eventually implemented) will still be added to your driving licence.
If you continue not to pay, courtesy letters, enforcement orders and warrants of execution may be served on you by registered mail (for which you will be charged R60 each) or in person (R100 each). This means an initial fine of R750 could cost you R375 if you pay it within 32 days, or well over R1 000 if you continue to disregard the reminders. The Sheriff could also come to your home to collect payment and list you with the credit bureau.
Aarto has been in force in Johannesburg (JMPD) since 1 November 2008 and Pretoria since 1 July 2008, and should roll out to other areas in South Africa within the next year.
The long-delayed points-demerit system is not yet in place - despite what is being claimed by bogus emails - and will come into effect at a time to be announced by the minister of transport.
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