Traffic Fines

Traffic Fines In South Africa

Traffic fines in South Africa follow a specific pattern, and there are traffic cameras and other electronics that are used to catch traffic violations as well as police enforcing the traffic laws. Speed traps are also common in South Africa. Some traffic fines may follow a specific process and be payable within a specified period, while others may be assessed and paid during the traffic stop, especially if the driver is not a resident of South Africa. There have been some complaints of police corruption, and reports of police taking bribes. The system which is in effect currently in South Africa follows the Administrative Adjudication of Road Traffic Offences Act of 1998, and this  can go by the initials AARTO. Traffic fines can be be substantial in many parts of South Africa, and traffic offenses are considered a serious offense. Arrest and jail time are possible for many traffic offenses, and traffic fines can vary from one area of South Africa to another, even if the offense is the same.

There can be some flexibility in the amount of the traffic fine, as well as whether the fines were legally assessed or not. With the cameras that are used in many areas of South Africa, the driver may not even be aware that there have been fines assessed until or unless an infringement notice is received. A common problem with the camera enforcement and traffic fines based on pictures is that the vehicle and license plate number may be very clear but this is not usually true of the driver. At times this has led to the wrong person being ticketed, because the car owner was not in possession of the vehicle or driving it at the time of the traffic offense. This situation can be remedied by nominating the correct driver to the court, so that the traffic fines are given to the correct person.

Traffic Fines, Offenses, And Enforcement

Once an infringement letter is received, the driver has thirty two days in which to pay the traffic fines, and a discount on the penalties is given. The driver or person ticketed has sixty four days to provide representation to the proper authorities, which is the RTIA. This is also the time frame that is allowed to make payment arrangements in convenient monthly installments. Sixty four days is also the amount of time the person charged with traffic fines has to nominate the true driver of the vehicle, and this is done by alerting the court as to who the person was that was driving when the traffic offense was committed. Thirty two days after the infringement notice is issued, a courtesy letter is sent out reminding of the traffic fines which are due. Thirty two days from this date, an enforcement order is served. After another thirty two days have passed, a warrant is ordered, and seven days from the issuance of the warrant it is served. This warrant will allow the sheriff to seize movable property in an attempt to collect the traffic fines due. In addition, the vehicles owned can be immobilized, the license of the driver may be seized, and various other penalties may apply.

Traffic fines and offenses in South Africa can be a very serious matter. Seatbelt use is required, and if traffic fines are assessed for seatbelt use the driver is expected to pay the fine when stopped, instead of waiting to pay it later. This is also true for traffic fines because of children under the age of twelve years sitting in the front seat. Until age twelve, all children are legally expected to ride in the back seat to protect them from injury. These are just a few of the traffic fines which may be levied. Speeding is another serious offense in South Africa. The speeding laws are strict, and the speed limits are rigorously enforced. Speed limits will vary from area to area, road to road, and even in different sections of the same road, so careful observation may be required while driving. Traffic fines for speeding can be very harsh, and if the speed is considered excessive the driver may be arrested and kept in jail for a period of time. There are some general tips regarding the speed limits on specific road types, but even these may not be accurate all of the time. On most motorways, the acceptable speed limit is one hundred and twenty kilometer per hour. On open roads, the allowable speed limit is usually one hundred kilometers per hour. On roads in areas which are built up and have a significant population the allowable speed is only sixty kilometers and hour. Traveling more than these speeds can result in traffic fines for speeding, regardless of how fast the local citizens seem to be going.

Where To Pay Traffic Fines

Traffic fines can be paid at a number of metro police stations, and there are also third party online companies which accept traffic fines, but when using these companies use caution because if the fine is not paid the driver will be the one who has a warrant issued against them and not the company. Metro police offices which accept payments for traffic fines can be utilized between seven thirty in the morning until three in the afternoon every weekday. For payers who have a credit card there is an online payment method called Payfine which can be used, but there are fees associated with each one of the traffic fines paid in this way. The fee is usually R5. Warrants based on traffic fines can be enforced at roadblocks, which can often be a fact of life in South Africa. If there are any outstanding warrants when a vehicle and driver are stopped for the roadblock, the fines can be paid immediately, and the payment methods include cash or a debit or credit card.

The Current System For Traffic Fines And Offenses
Driving offenses and traffic fines can be a serious matter under the new demerit system that has been put in use by AARTO. The demerit system is intended to punish bad drivers who habitually violate the traffic laws, while rewarding drivers who practice safe driving habits. Demerits are given when traffic fines are paid, or a court conviction or enforcement order is issued against an individual. Every driver will start with zero points, and a maximum of twelve points are allowed. Once a driver reaches thirteen or more points due to traffic fines and driving offenses, their license is taken away. Every three months one point is deducted from the past total, as long as no traffic offenses or fines are incurred during this time period. Traffic fines which are taken to court, or that are under an appeal to the court, do not receive any demerit until guilt is determined, or the appeal results in a ruling against the driver. When it comes to traffic fines in South Africa, the cost can be lowered, or even eliminated, with some knowledge or legal help. Some fines can be voided if certain conditions are not met or certain processes are not followed, but the best way to avoid paying traffic fines in South Africa is to carefully obey all of the traffic laws. If traffic fines are levied for driving offenses, pay them quickly to avoid compounding the costs.

Sources:

Traffic Fines Toolkit

http://www.aarto.co.za/public/review-options.html

http://www.aarto.co.za/public/demerit-points.html

http://www.aarto.co.za/public/warrant-of-execution.html

http://www.aarto.co.za/public/enforcement-order.html

http://www.aboutdrivingabroad.co.uk/tips-for-driving-south-africa.html

http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20050510071226613C355362

http://www.sagoodnews.co.za/crime/new_traffic_fine_system_to_curb_offences.html

http://www.joburg.org.za/content/view/39/71/