By Barry Bateman
The Tshwane Metro Police are "fleecing" ignorant motorists of thousands of rands by issuing speeding fines that are in contravention of the Administrative Adjudication of Road Traffic Offences Act (Aarto).
As published in Government Gazette 31242, given on the Aarto website, it states under Chapter 3 that "an infringement notice" shall be issued and served or caused to be served to the infringer" by registered mail" within 40 days of the commission of the infringement".
If the notice is sent outside the stipulated 40 days, the fine is technically null and void. But many fines are sent out every month outside the stipulated 40 days - a practice that must stop, according to the Automobile Association (AA).
"It's not right, it's as simple as that," said AA spokesman Gary Ronald. "For the Aarto pilot to work, it has to function within the parameters of the act, and that means posting the infringement on time according to the regulations."
Ronald said motorists had the right to appeal the infringement notice they received after 40 days, but such notices should not be sent out in the first place.
"Motorists are seen as cash cows, as a means of generating income - and that's why this practice continues," he said.
"(Generating income) should not be the purpose behind law enforcement - it should be promote safety on roads."
Questions were sent to the Tshwane Metro Police more than a week ago, but they failed to respond by the time of going to press.
A notice served on city motorist Johan Burke says the infringement took place on February 24. The date of posting was April 20, 2009 - 55 days after the infringement.
Another notice, served on Johan Kirsten, says the infringement took place on March 13, while the date of posting was April 28 - 46 days after the infringement.
According to Aarto regulations, motorists have 32 days from the date of issue of the fine to pay a 50% reduced amount.
After that they have to pay the full amount and an additional fee for a courtesy letter.
If motorists wish to contest the fine, they may make representations by filling out an Aarto 08 form and sending it by registered mail to the Road Traffic Management Corporation (RTMC).
Kirsten said he had not appealed against his three fines because of the risk of the appeals being declined, which would mean paying the full amount of up to R1 500 and additional fees.
"I ended up paying the R750 discounted fine. In total I've coughed up R1 375 for these fines. It would be great if I could get a refund."
Burke said he had made representations on the basis that the notice was sent more than 40 days after the alleged infringement.
"There are specific guidelines for speed traps and speeding fines, which in 90 percent of all cases aren't adhered to. They make use of scare tactics and other bulls**t to bully people into simply paying without thinking."
Burke also took issue with the requirement that representations be sent by registered mail, which in his case cost him R16.
"(On the notice) it mentions that if you don't receive an acknowledgement of receipt (of the notice) within 21 days, your representation needs to be resubmitted by registered post.
"The cheek. They can't get a letter delivered to me in 37 days and yet they expect me to believe they can respond to my query within 21days.
"This simply gives them another loophole to postpone all inquiries indefinitely.
"If speed trapping was done for the right reasons then I wouldn't be making such a fuss, but unfortunately it's just one big money-making scheme."
That opinion is shared by the Justice Project of South Africa, which has established Greed Finesto inform motorists of such "abhorrent practices".
"This is not policing, this is fleecing," the project's chairman, Howard Dembovsky, said. "This is not enforcement, but a cash cow. This nonsense has got to stop."
Dembovsky said the authorities were preying on the ignorance of motorists to swell their coffers.
Japh Chuwe, Aarto project leader at the Road RTMC, would not comment, despite being pressed several times, on the legality of fines issued to Burke and Kirsten.
He would only say that if motorists felt the notices were "unjustifiably issued" they should make representations.
Questions were again sent to the metro police, but by the time of going to press they had said only that they were looking into the matter.
The Pretoria News asked the metro police to clarify their understanding of the law; to say why the notices were being sent out if they were in contravention of the law; how many such notices had been sent out; how many had been paid; and whether motorists who had paid were entitled to a refund.
Metro police spokesperson Mel Vosloo said he was attending to the query. "I apologise for any inconvenience caused by the delay," he said.