The SA National Roads Association Limited has issued draft regulations that would make it mandatory to get an e-tag, and give the state the right to remove your driving licence and to impound your car.
The draft changes to the National Roads Act Regulations were sent to a few parties late last week and have not been widely published.
Comment on the draft regulations was requested within 20 days of publication, causing an uproar because it gives very little time for circulation and comment on its provisions.
Road Freight Association spokesman Gavin Kelly said the normal prescribed period for a response to a notice such as this was 30 days.
E-TAGS TO BECOME COMPULSORY
Wayne Duvenage of the SA Vehicle Rental and Leasing Association said the request for comment was coming at a period when people would be away for the Easter break.
The regulations look at what conditions and authorisation ‘peace officers’ had to enforce section 54 of the Sanral and National Roads Act Regulations.
In terms of the draft, these employees can stop cars and demand a driving licence and “to produce any other document or tag which he or she is required to have”.
Sanral has never admitted before that it is compulsory for drivers who use the e-tolled highways to have e-tags.
Employees can also, in terms of the draft regulations, impound or confiscate any document or tag that an employee suspects to be ‘invalid’, or that may afford evidence of any contravention or evasion of any provision in them.
“A VERY AGGRESSIVE APPROACH”
If outstanding tolls or other ‘surcharges, fees, fines or penalties’ are found, the driver will not be allowed to continue to use the toll road until payment arrangements have been made. The regulations also state that the driver of the vehicle will be presumed to be the owner and will incur toll fees.
Duvenage said: “By implementing e-tolling and the proposed regulations through the Criminal Procedure Act, the government is promoting a very aggressive approach and tense relationship with its citizens,” .
“This is a most unhealthy situation that is developing and there will be serious consequences when wrongful arrests or unwarranted harassment takes place, let alone the extortion of additional fees from these road users.”
“They are trying to enforce search-and-seizure legislation.”
The Justice Project’s Howard Dembovsky said one had the right not to be searched in terms of the constitution, and police were allowed to search your vehicle only if there was a suspicion of a crime.
DA transport spokesman Neil Campbell said he felt the draft notice was a way of forcing people to pay tolls. - The Star