Motorists should take full advantage of the temporarily lifted enforcement order Photo Lowvelder
South Africa – Motorists can breathe a sigh of relief after the Road Traffic Infringement Agency (RTIA) temporarily lifted its enforcement order block against drivers with outstanding infringements. The Organisation Undoing Tax Abuse (OUTA) has urged motorists to take full advantage of the lifted restriction to renew their licence discs.
According to Outa’s Executive Director of the Accountability Division, Adv. Stefanie Fick, RTIA’s decision to temporarily lift the order is a response to a growing number of complaints. Many drivers were surprised by enforcement orders related to fines from as far back as 2019. The main concern here is that enforcement orders should only be issued following a strict procedure, and it appears that this procedure was not consistently followed. As a result, the agency has initiated an investigation into these complaints.
“You have the old R2 system that is still in place by only Johannesburg and Tshwane … You get an infringement notice. Now the legislation is quite clear. You need to get an infringement notice within 40 days of committing the offence.Thereafter you have 32 days for you to apply your mind. Do you want to pay it and get a discount? Do you want to make a representation or do you want to pay it in instalments etc. Now if you do not do something within those 32 days, they have to send you a courtesy letter to remind you and you have 32 days again. After 64 days, if nothing happens and you didn’t do anything, only then can they convert it into an enforcement order.”
Understanding road traffic fines
While fines may not expire, there are strict timelines under the RTIA legislation. If these timelines are not adhered to, the fines become unenforceable. According to Fick, it is unlawful for motorists to be blocked from renewing their licence discs because of fines.
“We are fighting hard with RTIA. They are of the opinion that they can leave those fines because I think they still hope that people will pay it. When people are confronted at a licensing department saying listen you can’t renew your licence because you have outstanding fines, they hope people will pay. That’s unlawful. They can’t do that but some people will pay and that’s why they keep it.”
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The Future: Demerit Point System
One major change on the horizon is the implementation of a demerit point system. The system is distinct and not identical to systems in other countries. With the current system as broken as it is, Fick is greatly concerned about this system and how it will impact South Africans.
“Our system specifically, the Aarto legislation demerit point system, is very unique although there are similar systems in Australia and so forth. Our system is extremely unique and then you have to take into account corruption. The reason for the Aarto legislation in their minds is to curb road deaths, to create law-abiding motorists. How do you really install that and that’s law enforcement. Do we have enough law enforcement agencies to actually make sure that Aarto is abided by etc. It is just the way you enforce your infringements and your fines and all of that.”
The landscape of road traffic fines and enforcement orders in South Africa is intricate and multifaceted, and while the temporary lifting of the order provides some relief, it underscores the pressing need for comprehensive reform and clarity within the system. As South Africa takes steps towards implementing the demerit point system, valid concerns arise regarding its efficiency and suitability for the country’s unique challenges. Simultaneously, addressing corruption within the system is of paramount importance for its success. Ultimately, the aim is to establish a fair and equitable traffic fine system that not only encourages law-abiding behaviour but also offers ample opportunities for individuals to contest fines when necessary, all with the overarching goal of promoting safer roads and responsible driving for all South Africans.
