Photo finish for traffic fines

2004-03-18 08:48

Sonja Carstens

Pretoria - Traffic departments have to issue traffic fines to motorists caught with traffic cameras within 30 calendar days, or they become invalid.

If this period is exceeded, senior state prosecutors at courts countrywide have to withdraw the fines.

Jan Henning, deputy head of the National Prosecuting Authority, says his office will inform the various offices of the directors of public prosecuting to enforce this rule strictly. It is included in the authority's policy.

This ruling follows several complaints from people who say they've been told the fines will be levied within 40 days and not 30 calendar days.

"It's not true that it's 40 days. These fines have to be issued within 30 calendar days. This is the national prosecuting authority's policy, which states that the fines should be issued within a reasonable period. Deviations to the policy like one or five days grace cannot be allowed," Henning said.

This rule has been incorporated into the policy to ensure motorists' constitutional rights to prepare or raise a proper defence.

Henning says senior state prosecutors know the fines are invalid if they're not issued within the prescribed time frame.

It was reported last year that thousands of motorists pay the fines monthly because they are not aware of their rights.

This rule doesn't apply when a motorist is pulled off the road by a traffic official or if he's notified of a contravention.

The prosecuting authority's policy also states that proper signage should be erected along roads when cameras are used.

Prosecutors have to inform local authorities that cases will be withdrawn if traffic officials who have issued fines are not present during the first court appearance.

- Beeld