Got a fine through the post? That dreaded feeling when the white envelope arrives from AARTO, is a common feeling for most. But, did you know that receiving your fine via standard post is actually illegal and you don’t necessarily have to pay it.
“In accordance with Section 30 (1) of the AARTO Amendment Act 22 of 1999, it says that any document required to be served on an infringer in terms of this Act, must be served on the infringer personally or sent by registered mail to his or her last known address,” says Gary Ronald, Head of Public Affairs at the Automobile Association.
“That means, if you haven’t signed for the actual receiving of the fine then they have no proof that you are aware nor have received the fine.”
The fact that this provision exists therefore makes the dispatch of these AARTO notices via standard surface mail unlawful and deems them as un-served, due to the fact that no date of service can ever be established.
“The sad thing is that most people have continued to blindly pay their fines that actually have no legal standing,” continues Ronald.
However the JMPD are now sending out SMS texts saying that people have “outstanding infringement fines”, which is an unconcealed attempt to collect on funds that they are not permitted to.
“We are not encouraging people to ignore their fines, as you broke the law and should take responsibility for it, but just bear in mind that this form of fine delivery is illegal and can be used as a leverage point,” concludes Ronald.
The AA’s voice joins that of the Justice Project South Africa (JPSA), an outspoken JMPD critic which has long campaigned against the “illegal” method of issuing fines by standard post.
The JPSA’s Howard Dembowsky said that the JMPD ignored a directive by the Registrar of the Road Traffic Infringement Agency (RTIA) early last year to cease sending out infringement notices by ordinary mail, and as a result the JPSA lodged a complaint with the Public Protector.
“It has emerged that not only has the JMPD defied the request to cease acting unlawfully with respect to service, but that the AARTO Representations office at the JMPD’s offices in Village Road, Selby is turning people away and telling them that they must either pay these fines or elect to be tried in court,” says Dembowsky.
“This is a gross violation of not only the AARTO Act, but also of the Promotion of Administrative Justice Act and the Constitution as the JMPD is now denying people access to administrative justice.”
The JMPD, RTMC, JPSA and DPP are holding a meeting tomorrow to discuss the traffic fines issue, and will release a statement afterwards. -Star Motoring