Durban - ROAD Traffic Management Corporation (RTMC) has refuted claims made by the Automobile Association (AA) that law enforcement officers were being encouraged to break the law by arresting motorists with outstanding fines.
RTMC spokesperson Simon Zwane said on Sunday that the AA had got it wrong and that it would never encourage wrongdoing.
“What we are referring to is motorists with outstanding warrants of arrests for unpaid traffic fines,” he said.
In a statement last week the RTMC advised all motorists to check if they have any outstanding traffic fines before embarking on their festive journeys.
“Traffic officers are being deployed on all major routes and those found with outstanding traffic fines will not be allowed to proceed,” read the statement.
In response, the AA in a statement on Friday, said the RTMC’s comments were outrageous and amounted to fear-mongering among road users.
If these arrests were effected, it would amount to an abuse of power, said the association.
The AA called for the RTMC to retract the statement and apologise to motorists for creating a false impression that it had the authority to arrest motorists for unpaid fines.
“The only time a road user may be detained at the roadside is if a warrant of arrest is issued against their name.
“Preventing someone from proceeding on a journey because of an outstanding traffic fine amounts to arrest without following due process,” said the AA.
In addition, the AA said it was unclear after which time period, following the issuing of a fine, motorists would be arrested.
In addition, the AA said no clarity was given on what exactly an outstanding traffic fine was.
Zwane said In terms of the Criminal Procedure Act anyone who gets a Section 56 notice or fine must pay such a fine or appear in court on the set date.
“Failure to pay or appear in court results in a warrant of arrest being issued.”
He said all the provinces use the Criminal Procedure Act to process fines while only Gauteng, particularly Joburg and Tshwane also use the Administrative Adjudication of Road Traffic Offences (Aarto) Act.
The Mercury