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Traffic Fines

September 23rd, 2010 Comments off

 

Traffic Fines Overview – What You Need to Know …

The current system which is in effect in South Africa follows AARTO (the Administrative Adjudication of Road Traffic Offences) was originally setup in 1998. Traffic fines in South Africa are in the process of been administrated by the AARTO agency.

Currently only JMPD and TMPD are administrated by AARTO with the intent of all the Traffic Departments nationally to move over to AARTO. All traffic offences under AARTO are issued fines AARTO 01, 02 or 03 notices of infringement notices. All AARTO 03 notice of infringement notices or courtesy notices must be sent to the infringer by registered mail within 30 days (+10 days postage) from the process date as per the AARTO ACT.

The main purpose the police speed trap motorists are to control and enforce the speed limit to speedsters on the road.

The aim of AARTO is to get the whole countries provincial and municipal traffic departments on the same system, working together with the eNATIS traffic department’s database.

All Traffic fines will eventually be administered by AARTO, it has been published that demerit point system will also come into full effect once the national roll out is complete. Drivers will be penalised with demerit points for various traffic offences. If motorists rack up more than 12 points in a 12 month period, they risk having their driver’s license suspended for a predetermined period.

 

For more information about your rights and the law, please visit our website www.trafficfinelaw.co.za and get a the Traffic Fine Assessment Kit

 

JMPD Traffic Fines

Traffic Fines and AARTO

Enforcement

The South African police have a tough time enforcing the law on the national roads. Often motorist’s receive fines weeks later and can’t even remember where or what they didt.  The public are penalised with heavy fines costing thousands of Rands to enforce law and respect of the speed limit regulations.

Traffic fines and road offenses in South Africa must be taken serious as many innocent people die on our roads due to speeding and other illegal road acts.

 

illegal parking by JMPD police

After a traffic offence has been recorded with a speed measuring equipment (SME) the traffic officer has the duty to hand over the photographic evidence in digital format to the respective traffic department for processing. JMPD and other local municipalities use various independent and privately owned agencies tp process the evidence like Patcity.co.za and Viewfine.co.za (for areas outside of Gauteng).

 

Motorists are notified of infringements by Post (AARTO Registered mail), SMS and via e-mail. Please note the onus is on the owner of the vehicle to make sure that the postal and physical address registered on the E-natis system is up to date.

These agencies are then tasked to process the fines in accordance to the TSCP which is the guided lines set out by the National Director of Prosecution. The images processed and notice of infringement letters (AARTO 08 letters) and Section 341 fines are sent out via post to the registered owner. The address details and driver details are sources from the National eNatis database. It is required by law that the issuing traffic fine department or agency must submit and post the traffic fine notice within 30 days (+10 days postage) from the process date.

 

This means that the process date must not exceed 40 calendar days. The police cannot be held responsible for any delays for late post due to the slow processing service of the South African postal service. It is important to collect your post regularly and to deal with your traffic fines as soon as possible.

Traffic Police at Roadblock

With AARTO Fines, the infringement letter is sent to the owner of the vehicle by default, and the owner or driver has thirty two days in which to either pay the traffic fine, elect a driver (if someone else was driving the vehicle) or to dispute the fine due to irregularities or errors found on the traffic fine. The system allows a discount of 50% on the penalties if the fine is paid in full within this period. This is obviously an incentive to collect outstanding money as quick as possible.

 

The driver or vehicle owner ticketed will have sixty four (64) days to provide AARTO representation if any fines are in dispute. The motorist will need to either download or fill out the AARTO 08 form online on the AARTO website. If someone else was driving the vehicle, you can elect to have the fine reissued to the offending driver.

A Warrant of Execution will be issued If you do not comply with the provisions of an Enforcement Order within 32 days from being issuing thereof, a Warrant will be issued and served by a Sheriff for execution. At any time prior to the execution of a Warrant, comply with an Enforcement Order issued through the immediate payment of the penalty and all fees.

A warrant of execution may include seizing and selling some of your movable property to defray the penalty fees. Or seizing and defacing of your driving licence, or removing and defacing of the licence disc from your motor vehicle.

If at all applicable, they may seize and deface the operator card of your motor vehicle of which you are the registered operator immobilising the vehicle and reporting you to a credit bureau for defaulting. You may at any time prior to the execution of a Warrant, conform with an Enforcement Order issued through the immediate payment of the penalty and all applicable fees, including the prearranged cost of the Warrant, in which case the Warrant will not be executed on you.

Once a Warrant has been executed, the full payment of the penalty and fees from the proceeds of the execution will be recorded in the National Contraventions Register.

For more information about your rights and the law, please visit our website www.trafficfinelaw.co.za and get a the Traffic Fine Assessment Kit

Summons Served for Outstanding Traffic Fines

If you are issued Section 341 fine, the prosecuting authority will submit and serve you with a Criminal Summons for you to appear in a Magistrates Court, should you not pay the fine, nor contest the fine, nor respond to their notices or courtesy letters.  You will need to plead your case in a Magistrates Court and explain and defend yourself in a court of law.

The prosecutor will need to submit all the evidence in the form of photographic and testaments from the traffic officers involved with the traffic office recording. Should you ignore the summons instructions to appear in court on a specific date, the prosecutor will process a warrant order for your arrest for being in contempt of court, not for not paying the traffic offence as most people believe? If you are stopped in a traffic roadblock, you might be arrested and detained and need to go to court as per the warrant issued.

 

I received a Traffic Fine, what must I do now?

Before doing anything with your notice of infringement letter, you should always assess the fine. Inspect the fine for any errors and irregularities.

Unlawful Traffic Fine 

Whith a Unlawful Charge of ” Drove Motor Vehicle while Driving”

Make sure the fine is correctly issued in time, has the correct details, and the correct photo image on the letter. Check the speed zones, direction of road and details of the offence. Many of the tickets can be paid online on the PAYCITY CO.ZA or VIEWFINE CO.ZA websites. You can pay for your fines via credit card or direct payments. If you intend to contest the ticket, remember you only have 32 days to send an AARTO Representation form by registered mail. The agency or traffic department will process and react to your application fines as soon as possible and reply in writing or e-mail.

 

 Don’t be afraid to ask question on the validity of traffic fines. It is your legal right to questions and to have your fines cancelled if they are not in order.

For more information about your rights and the law, please visit our website www.trafficfinelaw.co.za

 Get instant access to the Traffic Fine Assessment Kit , It will help you find the errors and identify invalid and illegal traffic fines.

 

Traffic Fine Assessment Kit

Traffic Fine Assessment Kit

 

For more information on Traffic fines and the  AARTO notices

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