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Thread: Driver demerit system

  1. #11
    Bronze Member Alan's Avatar
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    You only have 30 days from the date of the fine to change the driver’s details and it is a lengthy process with lots of documentation required.
    Here in lies the biggest problem, a friend of mine is the proxy for a major transport company with 30 odd vehicles listed in his name, this guy could loose his licence in a day........ this system is going ahead.
    There is a massive problem at the moment with people removing their licence plates esp. the motorcycle and sport car fanatics as it is more cost effective to pay the R1000.00 for no licence plates [when you are eventually stopped]this situation exsists because of a lack of active policing, if this does not improve then more and more drivers will turn to this practice.
    Remember the Ark was built by Amateurs and the Titanic was built by professionals.
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  2. #12
    Bronze Member Alan's Avatar
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    Check this link out.


    AARTO does not replace the National Road Traffic Act referred to above. It administers it - which means that you are no longer allowed to approach the Public Prosecutor if you get a fine or summons - so (in Johannesburg & Tshwane) don't waste your time or fuel trying to do so. You have to fill in forms and submit them to AARTO and then pay fees in addition to your fine, depending on the outcome.

    AARTO entered into force on a pilot basis in the municipal area of Tshwane on 16 July 2008. The pilot implementation has been extended and AARTO is operational in the municipal area of Johannesburg too.

    Implementation of AARTO in the remainder of Gauteng is expected during 2009, whereafter the national roll out of AARTO will follow. Makes sense really - eGoli - Gold mine!
    http://www.greedfines.co.za/
    Last edited by Alan; 09-Jul-09 at 01:34 PM.
    Remember the Ark was built by Amateurs and the Titanic was built by professionals.
    Business isn't about how to survive the storm, but how to dance in the rain.

    Marine Aquariums SA

  3. #13
    Gold Member garthu's Avatar
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    Does anyone know the address for this site?
    Hiya, the site is www.payfine.co.za

    What really gets me with this system is it is the law abiding guys who will pay the price yet again. If you bribe, you not going to get pints against... in other words whats the point really????

    It is going to push the bribe amounts up for sure. Taxis will pay heavily now to stop a demerit... but they will pay. So you and me could be off the road soon but the taxis will keep rolling that shouldnt
    Garth

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  4. #14
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    Drivers Licenses De-Merit System - South Africa



    FYI!

    Please note that the De-Merit system is in place as from twelve o' clock last night. Points are put on scale under your ID No. on the system for any traffic violations and thus you can unknowingly lose your license.

    This morning, numerous people from Unisa as well as from Onderstepoort animal research station (Cruvet) were pulled over and received serious fines. There is no longer a 10km/h grace for exceeding the speed limit. They fine as from km one.
    Starting today, they are going full-out.

    Please share this information with all drivers you know!!



    Registration and licensing of motor vehicles:
    Violation Fine Pts
    Motor vehicle not registered R 1 000 3
    Motor vehicle not licensed R 1 000 3
    Operating vehicle with special licence on public road R 500 1
    Motor vehicle with number plates not SABS approved R 500 1
    Motor vehicle displaying no number plates Court 6
    Motor vehicle displaying only one number plate R 500 2
    Motor vehicle with plates not applicable Court 6
    Motor vehicle with number plate obscured or illegible R 250 0
    Motor vehicle with both plates obscured or illegible Court 6
    Licence disc not displayed R 500 1
    Licence disc obscured or illegible R 500 1
    Licence disc on trailer exposed to weather R 500 1
    Operator did not change address particulars R 500 1
    Operator did not change particulars of proxy R 500 2
    Disposing of unregistered or unlicensed vehicle or of a vehicle with no registration or licensing papers R 1 000 3
    Owner did not report motor vehicle stolen R 500 1
    Owner did not report motor vehicle permanently unfit for use R 500 1
    Motor vehicle does not have an engine number Court 6
    Used motor trade plate for other purposes than described R 500 1
    Motor trade plate not displayed or displayed incorrectly R 500 1
    Transport persons on goods on vehicle with special permit R 500 1
    Temporary or special permit not displayed correctly or illegible R 500 1
    Display temporary or special permit not applicable to motor vehicle Court 6
    ________________________________________
    Fitness of drivers
    Violation Fine Pts
    Driver not licensed R 1 250 4
    Driver does not have licence with him in vehicle R 500 1
    Driver did not disclose disqualification when applying for learner’s licence R 1 250 4
    Driver fails to submit licence to licensing authorities of the onset of any disqualifying disability R 1 000 3
    Driver did not notify authority of change of address R 500 1
    Employ or permit unlicensed driver to drive vehicle R 1 250 4
    Driver does not have professional driving permit R 1 250 4
    Failed to produce PrDP to court R 1 000 3
    Failed to produce licence to court R 500 1
    ________________________________________
    Fitness of vehicles
    Violation Fine Pts
    Not displaying roadworthy certificate R 500 1
    Operating motor vehicle without roadworthy certificate R 1 000 3
    Operating vehicle on public road, contrary to notice to discontinue R 750 2
    No emergency/parking brake on non-RWC vehicle R 750 2
    No emergency/parking brake on RWC vehicle R 750 2
    Parking brake inadequate on non-RWC vehicle R 500 1
    Parking brake inadequate on RWC vehicle R 500 1
    Brakes not in good working order on non-RWC vehicle R 500 1
    Brakes not in good working order on RWC vehicle R 750 2
    No airbrake warning device R 750 2
    Steering gear unsafe or too much free play R 750 2
    Illegal left-hand drive vehicle R 500 1
    Horn not working properly R 250 0
    Illegal window or windscreen R 250 0
    No windscreen wiper R 250 0
    Defective/no rearview mirror R 500 1
    Defective fuel tank, pipes R 500 1
    Defective/no fuel tank cap R 500 1
    Electrical wiring not properly installed / maintained / insulated etc R 500 1
    Engine not covered R 250 0
    Inefficient/no silencer R 250 0
    Excessive exhaust smoke R 250 0
    Fumes in cab R 250 0
    Oil dripping onto exhaust R 250 0
    Illegal entrances and exits R 250 0
    No reverse gear R 250 0
    Worn, damaged or illegal tyres (per tyre) R 250 0
    Missing seat belt R 500 1
    Defective seat belt R 250 0
    No speedometer R 500 1
    Defective speedometer R 250 0
    Defective/no wheel flaps R 250 0
    No rear underrun bumper R 500 1
    Defective/incorrectly fitted rear underrun bumper R 500 1
    Illegal axle on semi-trailer R 500 1
    ________________________________________
    Lighting and reflectors
    Violation
    Fine Pts
    Driving between sunset and sunrise without lights R 750 2
    Not using dipped beam with oncoming traffic R 500 1
    One rear or stop lamp not working on non-RWC vehicle R 250 0
    One rear or stop lamp not working on RWC vehicle R 500 1
    Two rear or stop lamps not working on non-RWC vehicle R 500 1
    Two rear or stop lamps not working on RWC vehicle R 750 2
    Lamps showing incorrect colour on non-RWC vehicle R 500 1
    Lamps showing incorrect colour on non-RWC vehicle R 500 1
    No chevron or incorrectly fitted R 500 1
    Chevron not SABS approved type R 500 1
    One direction indicator not working on non-RWC vehicle R 100 0
    One direction indicator not working on RWC vehicle R 250 0
    Both direction indicators not working on non-RWC vehicle R 250 0
    Both direction indicators not working on RWC vehicle R 500 1
    ________________________________________
    Vehicle and load dimensions and projection
    Violation
    Fine Pts
    Too long R 500 1
    Drawing more than two trailers R 500 1
    Too wide R 500 1
    Too high R 500 1
    Turning radius too great R 500 1
    Rear/front overhang too great R 500 1
    Load projects too far at front/rear/side R 250 0
    Load projection improperly marked R 250 0
    ________________________________________
    Taxis and buses
    Violation Fine Pts
    Overloading permissible number of passengers by:
    1 to 5 R 500 1
    6 to 10 R 1 000 3
    11 or more R 1 500 5
    Bus overloading permissible of passengers by:
    1 to 10 R 500 1
    10 to 15 R 1 000 3
    16 or more R 1 500 5
    Not complying with regulations concerning the operation of vehicles carrying paying passengers R 1 000 3
    ________________________________________
    Loads on goods vehicles
    Violation Fine Pts
    Exceeding the permissible maximum massloads per axle, axle unit, axle group, vehicle or combination by:
    Up to 3,99% R 250 0
    Between 4% and 5,99% R 500 1
    Between 6% and 7,99% R 750 2
    Between 8% and 9,99% R 1 000 3
    Between 10% and 11,99% R 1 250 4
    Between 12% and 13,99% R 1 500 5
    Above 13,99% Court 6
    Total vehicle mass exceeds 5 times the mass on drive axle by:
    Up to 3,99% R 250 0
    Between 4% and 5,99% R 500 1
    Between 6% and 7,99% R 750 2
    Between 8% and 9,99% R 1 000 3
    Between 10% and 11,99% R 1 250 4
    Between 12% and 13,99% R 1 500 5
    Above 13,99% Court 6
    Mass on the steering axle of articulated vehicle is:
    Between 8% and 10,9% of total mass R 500 1
    Between 4% and 7,9% of the total mass R 1 000 3
    Less than 4% of total mass Court 6
    Mass on the steering axle of rigid vehicle is:
    Between 14% and 19,9% of total mass R 500 1
    Between 7% and 13,9% of the total mass R 1 000 3
    Less than 7% of total mass Court 6
    Load on one side of axle exceeds that on the other by:
    Above 10% up to 20% R 500 1
    Above 20% up to 30% R 1 000 3
    Above 30% Court 6
    Incorrect/no (load data) information plate R 500 2
    Insecure load R 1 000 3
    Load coming into contact with road surface R 1 000 3
    Passengers carried in the goods compartment not safely enclosed R 1 000 3
    ________________________________________
    Operator fitness
    Violation Fine Pts
    Operator not registered Court 6
    Operator card not on windscreen R 500 1
    Operator did not notify authority of change in particulars R 500 1
    Operator did not report loss of card R 500 1
    Operator did not exercise proper control driver R 1 250 4
    Operator did not ensure that motor vehicle complies with fitness requirements R 1 250 4
    Operator did not conduct operations with due care and safety R 1 250 4
    Operator did not comply with dangerous goods requirements R 1 250 4
    Operator did not comply with loading requirements R 1 250 4
    ________________________________________
    Dangerous goods
    Violation Fine Pts
    No fire extinguisher R 1 250 4
    Incorrect or missing placarding R 1 250 4
    Did not remove placards on emptied packaged goods vehicle R 1 250 4
    Placards damaged or not clean or clearly visible R 1 250 4
    No danger warning diamond at front R 1 250 4
    Left vehicle unattended in an unsupervised area R 1 250 4
    Incorrect or missing transport emergency card/s or dangerous goods declaration/s R 1 250 4
    No designated space for documents R 1 250 4
    Did not ensure that load is compatible R 1 250 4
    Transport emergency card older than 3 years R 1 250 4
    ________________________________________
    Road traffic signs
    Violation Fine Pts
    Disobeying stop sign or robot with non-RWC vehicle R 500 1
    Disobeying stop sign or robot with RWC vehicle R 750 2
    Overtaking on a white line with non-RWC vehicle R 500 1
    Overtaking on a white line with RWC vehicle R 750 1
    Pedestrian or cyclist disobeyed regulatory sign R 100 0
    ________________________________________
    Speeding
    Violation Fine Pts
    Exceeding the speed limit by:
    11 km/h to 15 km/h R 250 0
    16 km/h to 20 km/h R 500 1
    21 km/h to 25 km/h R 750 2
    26 km/h to 30 km/h R 1 000 3
    31 km/h to 35 km/h R 1 250 4
    36 km/h to 40 km/h R 1 500 5
    Above 40 km/h Court 6
    ________________________________________
    Lane discipline
    Violation Fine Pts
    Failing to keep to the left R 1 000 3
    Driving on the wrong side or across a dividing strip or traffic island R 1 000 3
    Overtaking illegally on the left R 1 000 3
    Cutting in after overtaking R 1 000 3
    Overtaking on the shoulders or verge R 1 000 3
    Overtaking on a blind rise, a curve, or where view is restricted R 1 000 3
    Accelerating while being overtaken R 1 000 3
    Encroaching the right half of the road obstructing oncoming traffic R 1 000 3
    Passing a stationary bus without due care R 500 1
    Driving on shoulder when circumstances do not permit R 500 1
    Driving across a road when it is unsafe to do so R 1 000 3
    Entering a road when it is unsafe to do so R 1 000 3
    Obstructing other traffic while changing lanes R 1 000 3
    Failing to use indicators R 500 1
    Failing to indicate when changing lanes R 500 1
    Failing to yield to the right at a traffic island R 750 2
    Failing to keep left while making a left turn R 750 2
    Turning right while unsafe R 750 2
    Failing to keep left while making a right turn (cutting corner) R 750 2
    ________________________________________
    Stopping and parking
    Violation Fine Pts
    Stopping or parking
    Alongside/opposite another vehicle where road is less than 9 metres R 1 000 3
    Alongside or opposite an excavation or obstruction R 1 000 3
    At or within 6 metres of a bridge or tunnel R 1 000 3
    At or within 6 metres of narrow portion of road R 1 000 3
    Constituting a danger or obstruction R 1 000 3
    Within the railway reserve of level crossing R 1 000 3
    On the wrong side of the road R 1 000 3
    In contravention of a “no-stopping” sign R 750 2
    On a freeway illegally R 500 1
    Parking:
    In contravention of any road sign R 250 0
    Double parked R 250 0
    At excavation or obstruction R 250 0
    Within the railway reserve of level crossing R 250 0
    Within 9 metres of an approach to pedestrian crossing R 250 0
    Where width of road was constricted R 250 0
    Within tunnel or on a bridge R 250 0
    Obstructing a fire hydrant R 250 0
    Obstructing a traffic sign R 250 0
    On the sidewalk R 250 0
    On non-urban road within a metre of the edge R 250 0
    Blocking entrance to public road R 250 0
    Within 5 metres of an urban intersection R 250 0
    On the actuating mechanism of a robot R 250 0
    Further than 450 mm from the kerb R 250 0
    On road less than 5,5 metres wide R 250 0
    On a traffic island or pedestrian mall R 250 0
    ________________________________________
    Towing
    Violation Fine Pts
    Towrope or towbar exceeds 3,5 metres R 500 1
    Towed vehicle not securely attached or not under control R 500 1
    No licensed person at the wheel of towed vehicle R 500 1
    Towing at over 30 km/h (unless a tow bar is used) R 500 1
    Conveying passengers illegally (over 30 km/h) in towed vehicle R 500 1
    ________________________________________
    Accidents
    Violation Fine Pts
    Failing to stop at an accident to ascertain injuries and assist Court 6
    Failing to stop where there is third party damage R 1 000 3
    Failing to report accident R 1 000 3
    Removing vehicle from accident involving injury or death without police authorization R 750 2
    Removing vehicle without the owner/driver’s permission R 1 250 4
    ________________________________________
    Reckless driving and driving under the influence
    Violation Fine Pts
    Reckless driving Court 6
    Inconsiderate driving R 250 0
    Driving under the influence Court 6
    Blood alcohol level for:
    Ordinary motorist not less than 0,05 g per 100 ml Court 6
    PrDP driver not less than 0,02 g per 100 ml Court 6
    Breath alcohol level for:
    Ordinary motorist not less than 0,24 mg per 1 000 ml Court 6
    PrDP driver not less than 0,10 mg per 1 000 ml Court 6
    Smoked before blood/breath specimen was taken R 1 250 4
    Refusing to give blood or breath sample R 1 500 5
    ________________________________________
    Miscellaneous
    Violation Fine Pts
    Failing to comply with traffic officer’s instructions R 500 1
    Unauthorised tampering with vehicle Court 6
    Furnishing false information Court 6
    False number plate Court 6
    Not wearing seatbelt R 250 0
    No warning triangle R 500 1
    Warning triangle not as prescribed R 250 0
    Warning triangle not displayed or displayed incorrectly R 250 0
    Reversing too far or dangerously R 1 000 3
    Following too closely R 1 000 3
    Permitting a person to occupy a position in a vehicle restricting the driver’s full control R 1 000 3
    Permitting a person to interfere with the steering or operating mechanism R 1 000 3
    Driver not positioned to exercise complete control of vehicle R 1 000 3
    Leaving vehicle unattended and unbraked R 250 0
    Pulling away from kerb before it is safe R 500 1
    Failing to give way to emergency vehicle sounding an alarm (eg ambulance or fire engine) R 500 1
    Part of driver’s body (elbow) protruding from moving vehicle R 250 0
    Allowing person on roof or step while in motion R 250 0
    Engine emitting smoke R 250 0
    Leaving engine running unattended R 250 0
    Spillage of oil petrol or rubbish R 250 0
    Running engine while filling up R 250 0
    Jumping on or off moving vehicle, endangering others R 100 0
    Driving on the sidewalk R 500 1
    Driving while using hand-held cell-phone R 500 1
    Excessive noise R 250 0
    Hooter used illegally R 250 0
    Failing to yield to pedestrian at crossing R 500 1
    Pedestrian moving into path of vehicle suddenly at crossing R 100 0
    Overtaking stationary vehicle at pedestrian crossing R 500 1
    Racing on public road R 1 000 3
    Driving in convoy during weekend R 500 1
    Wilful obstruction of traffic flow R 750 2
    Abandoned vehicle R 500 1
    Damaging public road R 1 000 3
    Using chocks between wheel and road R 1 000 3
    Trading illegally on public road R 250 0




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  5. #15
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    I love this country, 1st world laws to catch the honest, but 3rd world laws for the rest. oh well....

  6. #16
    Platinum Member sterne.law@gmail.com's Avatar
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    Interesting point, driver not licensed loses four points. Hmmm, how will you take away what is non existent?
    Last edited by Dave A; 15-Feb-10 at 07:30 AM.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  7. #17
    Site Caretaker Dave A's Avatar
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    There's a whole bundle in there that seem.. Well, how about this one:
    Part of driver’s body (elbow) protruding from moving vehicle
    Anyone ever been ticketed for this?

  8. #18
    Platinum Member sterne.law@gmail.com's Avatar
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    Well I think the elbow law is now defucnt. Who drives with their window open anymore?
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  9. #19
    Platinum Member sterne.law@gmail.com's Avatar
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    On the basis that is a part fine part points deduction, constitutes the penalty and ultimately after certain amount of points you are punished by losing your licence, i wonder how the Double Jeopardy principle can be applied?
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  10. #20
    Site Caretaker Dave A's Avatar
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    Surely double jeopardy means you're judged twice for the same offence. In this instance you're "judged" once; it's merely that the penalty has two components.

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