Traffic fines might soon come by e-mail

03 September 2013 - 02:12 By OLEBOGENG MOLATLHWA
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A police officer giving a traffic fine. File photo.
A police officer giving a traffic fine. File photo.
Image: Times LIVE

The embattled Road Traffic Infringement Agency has turned to parliament to escape a cash crunch that has rendered it ineffective.

The agency's job is to make motorists pay traffic fines.

It costs the agency R17-million a month to issue "courtesy letters" and enforcement orders and this consumes "a large portion of the agency's budget", it said.

It now wants parliament to help it save money by exempting it from having to send letters by registered mail.

The Aarto Amendment Bill is before parliament. The following changes to the Aarto Act have been proposed:

  • That section 13 be amended to allow the agency to keep some of the fine money it receives;
  • That section 30 be amended to remove the requirement that notices be sent only by personal or registered mail, and that notification be allowed by ordinary mail and by electronic methods, such as e-mail, and
  • That section 32 be amended by the addition of a clause giving the agency the right to withhold money due to a traffic-fine issuing authority when the authority has failed to comply with the act, until it complies.

Agency spokesman Fakazi Malindzisa said: "This will introduce efficient methods of electronic service and result in cost-saving s to benefit issuing authorities and the agency tremendously, as well as ensuring expeditious service of documents to infringers, thereby enabling them to deal with their outstanding infringements speedily."

But the appeal to parliament might backfire.

Justice Project SA chairman Howard Dembovsky, a former police officer, said that the problem will be sending the notifications to the right addresses.

He said motorists change their addresses and eNatis does not have the latest information on drivers.

  • The SA National Roads Agency said it will use the Criminal Procedure Act to force motorists to pay e-tolls when they come into effect - so motorists who don't pay will be criminals.

But traffic management experts have warned that Sanral's plan will clog the criminal justice system.

Sanral spokesman Vusi Mona said the Criminal Procedure Act was the "most convenient" way for it to prosecute motorists.

But the number of people Sanral tries to prosecute could be a million a month, said Dembovsky, who said the scheme had little chance of success.

"The Criminal Procedure Act is going to hinder [Sanral], not help it. The problem with the Gauteng Freeway Improvement Programme is that it falls within three jurisdictions [Tshwane, Ekurhuleni and Johannesburg]," said Dembovsky.

"If it uses the act, it will have to make these matters criminal matters, which means it will criminalise about a million people a month.

"To say that is ambitious is being very kind."

Dembovsky said there was no real benefit to Sanral using the act other than "saving on postal costs".

He pointed out that Section 341 notices can be sent by ordinary mail, though the Aarto Act stipulates that infringement notices must be sent by registered mail. But Sanral would still pay R37.50 for a section 54 summons, which must be sent by registered mail.

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