Fine slip-up good news for some

Fines sent by ordinary post are illegal but the JMPD is accused of continuing to flout the law.

Fines sent by ordinary post are illegal but the JMPD is accused of continuing to flout the law.

Published Mar 20, 2015

Share

The Joburg metro police department has issued an apology to motorists – a costly one worth R200 000.

The apology was for sending out infringement no- tices by ordinary mail instead of registered mail between August 2010 and December 21, 2012.

But the bad news for motorists who paid their fines is that they will not be refunded because once payment is made, the motorist is deemed to have pleaded guilty.

Those who have not paid will be able to apply for the cancellation of the fines using the Administrative Adjudication of Road Traffic Offences (Aarto) 8 form.

At a media conference yesterday, the metro police’s deputy director, Gerrie Gerneke, said his department “apologises to the public for issuing Aarto infringement notices by ordinary post instead of registered mail, in contravention of the Road Traffic Offences Act.

“We have been duly rapped across the knuckles and are adhering to all the requirements set down by the Public Protector, Thuli Madonsela.”

On December 18, Madonsela released her report titled “A matter of interpretation” into the city’s implementation of Aarto.

Gerneke said adverts were taken out in eight mainstream newspapers circulating in Joburg. They will appear before March 23 as instructed by Madonsela.

He said all notices after that date were sent out by registered mail, at a cost of R10 million a month.

Gerneke said the Road Traffic Infringement Agency (RTIA) had not sent out courtesy letters since December 21, 2012, meaning “these fines will die a natural death”.

 

Under the act, courtesy no-tices and enforcement orders have to be sent out within 32 days of one another, and that had not been done.

 

Gerneke assured motorists they could not be arrested for the outstanding fines if courtesy letters had not been sent.

However, he said the metro police department was in discussions with the RTIA to find a way to suitably roll out Aarto that would lead to the payment of infringement notices.

“They will start sending out courtesy letters soon and motorists will be shocked to find that they will be receiving these as well as enforcement orders,” he said.

Once the orders were in place, he said, motorists would not be able to renew their vehicle or driving licences, buy or sell a car or do any motoring-related transactions.

The Star

Related Topics: