Ja, well, it's not fine...

2003-05-14 08:45

Sonja Carstens

Johannesburg - Confusion reigns among drivers and some prosecutors who can't decide which traffic fines are invalid, and what to do with ones that are.

Readers flooded Beeld with calls and e-mails on Tuesday with questions about the provision in section 29 4 (f) in the prosecution authority's policy handbook on traffic offences.

According to the handbook, traffic fines must be issued within 30 calendar days of the offence. If not, the fine is invalid and the driver cannot be prosecuted.

Beeld has received complaints because Alberton prosecutors apparently are unaware of the provision.

In Pretoria and Springs, drivers apparently have been told the provision referred to 40 days, not 30.

Pretoria prosecutor Ruben Ligaraba explained that 30 days was the difference between the date of the offence and the date the traffic department issued the fine.

"If the dates on the fine are up to 30 days apart, but the fine is received only months later in the post, the fine is still valid.

Disputes can be declared

"The traffic department cannot be held responsible for fines lost in the post or postal delivery delays," said Ligaraba.

This ruling includes all camera fines, too.

Fines issued by a traffic officer who has stopped a motorist are not included in the 30-day provision because the fine is issued immediately.

Ligaraba said fines issued without the driver present also were considered immediate.

In cases where the offender does not find the fine on his or her car, a dispute can be declared or the case can be contested in court.

Drivers who are given invalid fines must inform the senior prosecutor's office or relevant prosecutor of a traffic dispute in writing in the magisterial district where the fine was issued.

Disputes can be settled in writing or heard verbally, said Ligarabe.

The prosecution authority's guidelines in Handy Hints for Prosecutors, page 258, say traffic-dispute hearings will determine if a fine is legitimate and if it is reasonably possible for the offender to pay the fine, before it is considered whether the fine wioll be reduced or withdrawn.

Drivers stopped at roadblocks for outstanding fines can insist on being shown the original summons before being arrested.

Ligaraba said a fax or photocopy of the original summons was acceptable.

- Beeld