[Question] AARTO Infringement Notice

[trevorp]

Good day everyone,

Due to the post office strike I received my motor vehicle licence renewal letter late.

When I did receive the renewal letter, I noticed that the licence disc has already expired two months ago.

As “Murphy’s Law” would have, shortly after receiving the renewal letter I was pulled off at a roadblock and issued with a fine. Examining the “infringement notice”, I noticed that the main charge code is “2311: Failed to take specified vehicle for RWC-test”. The charge has a penalty amount of R1,250 and discount amount of R625, which is ridiculous.

I am no expert on the National Road Traffic Act but I fail to see what a roadworthy certificate test has to do with an expired licence disc.

In addition I noticed on the “infringement notice” that the residential address is indecipherable; contact details are marked “n/a”; the licence disc no is marked “n/a”; the operator card no is left blank and the series (model) name of the vehicle is incorrect.

Can I successfully challenge this fine and submit a representation? In my opinion the charge is invalid and blatant extortion.

[Dave A]

I am no expert on the National Road Traffic Act but I fail to see what a roadworthy certificate test has to do with an expired licence disc.

Unless it is a vehicle that is designed or used for a purpose that requires regular testing for roadworthiness, or provided there is no change in ownership involved, neither do I. What sort of vehicle is it, and is it used for a special purpose? (e.g. taxi)

[Houses4Rent]

Sounds like an invalid fine indeed.

[Justloadit]

I am not so sure on this one. If your license is not valid, as in your case, it expired, then as far as the road rules are concerned, the vehicle is not allowed to be on the road and can be considered to be un-road worthy.
If you are involved in an accident with an expired license, then you are fully liable to all damages to third parties.

The fact that the post office strike caused the delay on the notice, is not grounds that can be used to validify that the license was not renewed. As part of the drivers code, is that before driving, the driver must ensure the vehicle is in a road worthy condition before operating the vehicle. An expired license would indicate an un-road worthy vehicle.

I am sure that one of our resident attorneys will clarify.

[Dave A]

There is a significant legal difference between an expired licence and an invalid licence.

If you are involved in an accident with an expired license, then you are fully liable to all damages to third parties.

As far as I know, that's an urban legend.

[Justloadit]

OK I stand to be corrected then.
However an expired license does have a 21 day grace period before renewal with out penalties.

[trevorp]

Hi Dave, it's a normal passenger vehicle, not used for any special purpose.

As far as I could determine a roadworthy test is required in the following instances:

1. The vehicle’s licence disc has not been renewed for more than four years.
2. The vehicle was involved in an accident.
3. The vehicle was sold (change of ownership).
4. The vehicle has been repossessed for more than 31 days.
5. A deregistration certificate has been issued.

None of the above is applicable, so I am confident it's an invalid fine and an exploit used by the JMPD to fill their coffers.