News24

Don't ignore traffic fines, motorists warned

2012-08-11 12:01

Johannesburg - If motorists do not pay their overdue Aarto traffic fines they could struggle to renew their licences, it was reported on Saturday.

Gerrie Gerneke, director at Johannesburg metro police department (JMPD), warned that if fines were not paid in a certain time a motorist's profile would be blocked on the eNATIS system, Beeld reported.

This was after remarks that traffic fines sent in the post could be ignored because it contradicted the Administrative Adjudication of Road Traffic Offences (Aarto) Act.

"You will not be able to renew your car registration, no new vehicles can be registered, you will not be able to renew your licence or apply for a licence in a different class," he was quoted as saying.

According to the report the JMPD were sending traffic violation notices by registered post.

"Less serious offences with fines of R250, R500 and R750 are still sent by normal mail in Johannesburg," Gerneke told the newspaper.

This was because the JMPD did not have enough money to send each fine by registered post.

"There is still a dispute before the Johannesburg mayoral committee over who must pay the costs of sending fines by registered mail."

In terms of Aarto the Road Traffic Management Corporation were responsible but there had been a dispute over this for years.

Gerneke said motorists who had not received their fines in time by post could get an Aarto eight form where they could state the reason why the fine was not paid.

An example of this was that it arrived late in the post.

Comments
  • devon.riley.52 - 2012-08-11 12:09

    Does that include the cardres in government with R60 000 outstanding fines or is it just for the soft targets?

      lacrimose.wolf - 2012-08-11 12:15

      R207 740 in fines. http://www.wheels24.co.za/News/ANC-Ministers-wont-have-to-pay-20120727

      saintbruce.bruce - 2012-08-11 17:43

      The AARTO Act is very clear - any AARTO 03 notice has to be delivered via registered mail to prove that delivery actually took place. This is vital for the 32 day period starts when posted to get a 50% discount. However, if the mail was slow you would have a case that the delivery was out of the grace period. Secondly - if you are faced with a fine being 'printed' at the roadside, you still have 32 days to pay [or contest it / proxy referral process] as per the Act. The issuing officer cannot - repeat cannot - ask for immediate payment as delivery has only just occurred and the grace period starts. Don't allow yourself to be bullied or even pay the officer - the entire AARTO system is devised to prevent that [opportunity for corruption]. The RTMC who administer AARTO have written to JMPD to instruct them to register all fines to comply with the law. This was reported earlier this year. Statements like those in the report are a smokescreen by JMPD. Remember - Ekurhuleni Metro is still using the Criminal Procedures Act so their fines are fully legal [ as are most other Metros ] so it's only JMPD and Tshwane Metro that issue AARTO 03's by permit mail rendering them invalid. The money is not the issue, except if you want to profit without spending the required postage! These guys are preying on your ignorance and now resorting to illegal threats. Shame them openly! The AARTO ACT is on WWW.AARTO.co.za - front page has the warning!

      christopher.saint.3386 - 2012-08-12 11:16

      Until you serve me papers directly in my hand, I will not pay my fines!

      allan.bezuidenhout.75 - 2012-12-07 14:15

      @saintbruce ..... paying the officer immediatly is literally "paying the officer". In this wonderful country no one would suspect that the officer is in fact collecting his bribe ? lol

  • rob.bayliss.94 - 2012-08-11 12:16

    Guess what next.....more licenses will not be renewed. And so the inefficiencies and bungling rolls on towards chaos. I mean, who pays for the registered letters...obviously the taxpayer. Otherwise it is simply shifting taxpayer's money between near government departments. And while these fools argue over who pays for what the entire system rots away.

  • mark.barker.370 - 2012-08-11 12:17

    Don't pay your fines - decent people need to stop funding these corrupt morons

      Jacques - 2012-08-12 08:03

      Decent people are also law abiding and does not speed.

      thulanit - 2013-01-01 02:31

      i hate ppl like you Mark bcoz now you telling us not to pay our fines, you won't come back and say now we must pay when you pay yours, dont mislead us, if you break the rules you must be punished !!!

  • James - 2012-08-11 12:23

    but they are illegal .why must i pay???

  • cecil.wright.142 - 2012-08-11 12:33

    This obviously excludes the taxi's . In any event they abide by a separate set of road rules and strangely enough wherever the taxis are committing road offenses the JMPD are nowhere to be found. I wonder how many of these drivers simply buy their licenses anyway.

  • kim.buren - 2012-08-11 12:33

    They can stand on their heads and whistle through their arse. Not paying until the ministers pay

      tony.kirby1 - 2012-08-11 12:56

      Kim what you mean is "Hulle kan op hul kop staan en Sarie Marais deur hul poepal vluit voor dat jy betaal."

      kim.buren - 2012-08-11 13:18

      LOL, Tony, Mine is the english version. Yours the afrikaans in case they do not understand. Anyone who would like to translate to their language?

  • glenn.p.popham - 2012-08-11 12:35

    It is about time that the JMPD clean up their act, if they are issuing fines under the AARTO Act then they have to abide by the act and fines have to be sent by REGISTERED POST. No exscuses for not abiding by the LAW should be accepted. JMPD issue your fines correctly and the people will start paying. That goes for all your illegal speed sites too

      ian.golombick - 2012-08-11 12:46

      They believe they are above the law and only if you have been found guilty in court or admitted guilt can they with hold you licence ens.

      steve.gibson.146612 - 2012-08-11 12:47

      Get their long standing despute settled first within the framework of the act. Stop intimidating the motorists with your illegal acts.

      ian.golombick - 2012-08-11 12:47

      Or are in contempt of court

      Jacques - 2012-08-12 08:05

      Yes Ian, and speeding motorists also think they're above the law.

      maria.roth.589 - 2012-08-12 11:39

      The closest I came to breaking the traffic laws was when I had to mount the pavement to get out of the way of a speeding blue light. A govt official who suddenly activated his blue light because there were a few cars ahead of him at a traffic circle and started to drive straight for me in the wrong lane and I had to take evasive action. This sort of thing is allowed I believe.

  • john.ferreira.1213 - 2012-08-11 12:35

    In the Eastern Cape it was said that you would not be able to renew your yearly vehicle license if there are any outstanding traffic fines that have not been paid yet. How is it possible that there are motorists who have fines running into thousands of Rands who still have valid license discs on their vehicles, is it the corruption within the respective traffic departments?

  • christopher.m.lowe - 2012-08-11 12:36

    This is a very dangerous situation. Currently our 'leaders' - premiers, MECs, cabinet ministers, mayors etc - all callously speed, flout the law, ignore the fines issues to them and then get them all squashed. ONE RULE FOR THEM, ANOTHER RULE FOR US. This is not right. Civilian uprisings have happened over less....

      lacrimose.wolf - 2012-08-11 12:53

      @christopher - part of the oath of office is "to respect and uphold the Constitution and all other Law of the Republic of South Africa". There's no ambiguity in this or extra phrases like "when it suits me". So they're subverting the law, defeating the ends of justice and committing perjury.

  • ambauli - 2012-08-11 12:49

    Collecting money from its citizens, the only thing you can expect our country to do with speed and skill

      allan.bezuidenhout.75 - 2012-12-07 14:18

      Yep... they need a lot of cash to indulge in their flamboyant lifestyles !!

  • tony.kirby1 - 2012-08-11 12:51

    On the 15 June my kid went through a red robot. On the 1 st July fine was posted to me. (Was driving my car) Todate I still cannot pay the fine because summons has not been issued yet. Get told to wait for summons and on line says I dont have any fines out standing. Thats Cape Town for you.

  • trevor.bush.9655 - 2012-08-11 13:07

    VIVA AFRIKA VIVA...VIVA ANC VIVA...VIVA COMRADES VIVA...you really think the government gives a toss about the citizens, it ENDS once the vote is counted and while the majority are poor and homeless, they'll KEEP on voting in the ANC so...you still think the Government cares...mm...

      gngaleka - 2012-08-11 13:19

      Trevor if you have any form of education it doesn't show. Go and ask for a school fee refund you wasted your parents' money. The only thing they thought you is to reply ANC whatever the topic is about.

      tw2066 - 2012-08-11 16:35

      100% trevor. The ANC votas are waaay to stoopid to see the truth. gngaleka is one such vota

      gngaleka - 2012-08-11 17:16

      tw and trevor, you are two of a kind.

  • fourhundredkg.bobbejaan - 2012-08-11 13:07

    Yeah, like anyone is going to take any notice!

  • david.christianson1 - 2012-08-11 13:14

    so we'll just have to drive without licences. OK by me

  • vernon.samuel.7 - 2012-08-11 13:30

    I have three problems with this issue and would appreciate clarity from anyone who may know for sure. 1. Traffic violation notices need to be handed to motorists within 30 days of the offence by hand or registered post. If done by normal post, are they then allowed to send the notice in a legal manner a year later? 2. If you intend opposing these violations in court, as is your right, then how can we be denied licence renewal, if the renewal date comes up before the court date? 3. If you do ignore the summons and a warrant of arrest is applied for, how can a court legally authorise a warrant if there is no proof of delivery of the initial notice (ie a registered post slip)? Surely the courts cannot be complicit is such illegal activity against the citizenry?

  • errol.wagner - 2012-08-11 13:30

    With our poor postal service, what proof do they have that the notice of a traffic violation has been received? The only way this can be sorted out, either registered letter or a summons personally delivered to the offender who should sign receipt.

  • George - 2012-08-11 13:31

    Simply don't pay, that includes the license. Who me, worry. This is Afrikaa bro. Do as the Afrikaans do. Nothing.

  • danny.levin.351 - 2012-08-11 13:33

    Sure, as soon as all the cANCer cadres have paid the odd R400,000 they owe then Joe Public becomes liable. Until then we have a great precedent for a sucessful defence in court.

  • donald.perumal - 2012-08-11 13:45

    Hi All Please pay your traffic then all the govt officials will pay theirs.Please pay your taxes then Julius will pay his outstanding tax.When all this has been done then more than 5 billion rands lost through corruption will be recovered. Come on pay,pay,pay! SA is an absolute mess!Can't understand why?

      lacrimose.wolf - 2012-08-11 13:51

      Yep, interesting how we are always being threatened for not fulfilling our responsibilities, yet the people we hired outright *refuse* to fulfill even one of theirs.

  • John - 2012-08-11 14:00

    The system is 1. One must receive notification of the offence. 2. The authority has to establish the identity of the offender. 3. The offender must be summonsed to a court of law to answer to the allegation. 4.The alleged offender has the right to defend himself against the allegation and give evidence in mitigation. NEVER pay their fines. Make them appear in court. Only let the court make you pay the fine. That is justice.The CORPORATE thugs known as POLICY ENFORCERS are up to bullying money extraction!

      parys.fotograaf - 2012-08-12 09:15

      Offer conditional acceptance...if you have the knowledge on the right conditions to set.

  • john.bollie - 2012-08-11 14:04

    The other day when I renewed my lisence I was told that I have outstanding fines. There is no place where I can enquire about the details regarding the outstanding fines, i.e. where and when did the traffic violation took place and more important when was I notified about these fines. How do they expect you to pay for something that you cant defend. What if it was a false registration number? I happened before. Stupid Goverment...............

  • John - 2012-08-11 14:11

    Refusing to renew your licence makes the corporate thug responsible for you being on the road without a licence. If they refuse get them to give you a written notice of refusal with all reasons so that you can present evidence to a court of law. The SOLE purpose of ARREST is to bring you before a court of law. READ the CONSTITUTION. These thugs are NOT the LAW. Note the BULLYING attitude of the ignorant money grubbing POLICY ENFORCER chief. You will do it or I will make you suffer. This from OUR servant!

      vernon.samuel.7 - 2012-08-11 14:36

      You make a valid point John. Right now traffic fines are quick and easy money for the money guzzlers in power. Within a few weeks of the offence, you have the fine, and a carrot is dangled with a totally falsified 50% discount if you pay within a few more weeks. This must rake in hundreds of millions per annum. Pushing all fines to the court phase will delay the process by up to three years or more. Firstly, the steady stream of income is stalled. Secondly, the already congested courts become even more congested. On the down-side, the initial fine amount may increase by several hundred percent. But maybe such defiance is what is needed to stop the theft. I maintain that police visibility on the roads makes much more sense than them hiding behind bushes to reduce the carnage on our roads.

  • PeerEducatorHIV - 2012-08-11 14:20

    So are we saying there will be no new licenses issued to TAXI drivers? Oh No I just remembered they run the country.

  • christopher.lang.9638 - 2012-08-11 14:24

    When the taxi's start paying their billions of outstanding fines, I'll start paying mine. I.E. never!

  • John - 2012-08-11 14:28

    Maximise profits minimise expenses the CORPORATE theme. Gerrie Gerneke is a corporate thug trying to circumvent the LEGAL system with his BULLYING tactics. A registered notice costs about R30 which is ultimately paid by the five millin taxpayers. So why duck the issue mr. thug ? Do it by the book. Cut out your bull!!!!!

  • christopher.lang.9638 - 2012-08-11 14:41

    What are these people in Government smoking? Someone accused of an offence of any kind has to have the opportunity to deny or query the accusation... in court. I.E. be summonsed. Or he can accept responsibilty and pay. The licensing office does not have the jurisdiction to pass verdicts on culpability or guilt!

  • JNaMolefe - 2012-08-11 14:47

    Oh please! Disagree with this article!

  • victor.bergh.35 - 2012-08-11 14:47

    Make sure the fines you are sending out is legal and people will pay. The ones send through normal post don't even have an issue date on them. This means you have forever to pay them.

  • johan.opperman1 - 2012-08-11 15:07

    Read the article (SUBJECT: LICENSING TRANSACTION BLOCKING IS ILLEGAL) on this page: http://www.jp-sa.org/media.asp

  • thomas.more.946179 - 2012-08-11 15:20

    I bet most of theses are speeding fines. What a bunch of crap, Those fat bastards just hiding behind the bush and taking pics. If the Metro do their job they should do visible policing and fine on the spot but they are to greedy and lazy and rather sit behind a bush and catch people with a camera. No wonder people hate them, who ever liked a back stabber. Do visible policing and pull people over as well as taxi drivers. The metro always go for the soft targets and then feel sorry for themselves. I always wonder who and what they protect and serve!! Stop bullying people and do your jobs.

      pearl.boasi - 2012-08-11 19:09

      I concur

  • James - 2012-08-11 15:53

    Eat sh@t metro

  • hans.himmler.7 - 2012-08-11 16:06

    We should form a legal group like OUTA. AARTO and JMPD are conducting in an illegal manner, and applying bullying techniques, focused on soft targets.

      johan.opperman1 - 2012-08-11 18:01

      There's already a group, called the Justice Project of South Africa. See my link three posts up.

  • Sharon - 2012-08-11 17:31

    I would like to know- what is a courtesy letter? When do you get it if you never received notice of the fine and why does it cost R60 to send a letter? Who does this money go to?

  • wahl.fitzgerald - 2012-08-11 18:06

    Aaaaa shame do they not get enough bribe money?

  • nditsheni.makhado - 2012-08-11 18:43

    I dont pay hidden camera fine is not legal

  • ask.maphula.5 - 2012-08-11 20:28

    Why should i pay when there r so many exceptions to the politicians,they drive state cars,free fuel they drive overspeed limit ,we are leaving in a lawless country where the poor are screwed everyday

  • Jacques - 2012-08-12 08:05

    If every driver in this country stops speeding for six months, traffic departments will be bankrupted.

  • kuno.tschumi.5 - 2012-08-12 09:02

    i thought the law applies to each person living in south africa equally... why do i have to pay my fines if the ministers dont pay theirs. they pay their fines and i will pay mine. sure if this is taken to court we as the soft targets may just could win this case.

  • parys.fotograaf - 2012-08-12 09:12

    Why does "conditional acceptance" not feature as an option to take in any any AARTO legislation? Clealry they are trying to force people into paying or into dispute and that is unlawful for a peace officer or system of law to do.

  • christiaan.jacobie - 2012-08-12 09:55

    “This was because the JMPD did not have enough money to send each fine by registered post.” Bastards can't work with all the millions. They didn went to school the fkrs!

  • eric.f.moloi - 2012-08-12 10:49

    These is a banana repubic,thy even send cyclists traffic fines

  • quartus.vanzyl - 2012-08-12 11:11

    Its fine with me if they refuse to renew my licence .. saves me a lot of money and frustration (standing in loooong cues at the licence department)

  • darryl.maze1 - 2012-08-12 17:46

    Make all the Government officials, ministers and premiers and taxis pay all there outstanding fines that are running into the hundreds of thousands before you start threatening us tax paying ppl. Make all these ppl an example as they always seem to get out of paying. Its really typical how this government and the traffic department go for the week targets. Stop being a bunch of cowards and do your job properly. Dont be like bullies and go for the weak because you can.

  • Marina Oosthuizen - 2015-04-28 16:50

    JMPD let a taxi go with a warning right in front of me but wrote a fine out for me. My bad luck I did not video record it. Is this now fair? Now I must pay ut the taxis get away with everything.

  • Marina Oosthuizen - 2015-04-28 16:53

    Everyday all day Taxis stop just where they want to and JMPD don't bother with them. Let us other road users dare do the slightest thing wrong we get fines. Where is the fairness?

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