Traffic Fines in SA
Traffic Laws
TCSP Guidelines

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Traffic Fines In South Africa

Traffic fines in South Africa follow a specific pattern, and there are traffic cameras and other electronics that are used to catch traffic violations as well as police enforcing the traffic laws. Speed traps are also common in South Africa. Some traffic fines may follow a specific process and be payable within a specified period, while others may be assessed and paid during the traffic stop, especially if the driver is not a resident of South Africa. There have been some complaints of police corruption, and reports of police taking bribes. The system which is in effect currently in South Africa follows the Administrative Adjudication of Road Traffic Offences Act of 1998, and this can go by the initials AARTO. Traffic fines can be be substantial in many parts of South Africa, and traffic offenses are considered a serious offense. Arrest and jail time are possible for many traffic offenses, and traffic fines can vary from one area of South Africa to another, even if the offense is the same.

There can be some flexibility in the amount of the traffic fine, as well as whether the fines were legally assessed or not. With the cameras that are used in many areas of South Africa, the driver may not even be aware that there have been fines assessed until or unless an infringement notice is received. A common problem with the camera enforcement and traffic fines based on pictures is that the vehicle and license plate number may be very clear but this is not usually true of the driver. At times this has led to the wrong person being ticketed, because the car owner was not in possession of the vehicle or driving it at the time of the traffic offense. This situation can be remedied by nominating the correct driver to the court, so that the traffic fines are given to the correct person.

Traffic Fines, Offenses, And Enforcement
Once an infringement letter is received, the driver has thirty two days in which to pay the traffic fines, and a discount on the penalties is given. The driver or person ticketed has sixty four days to provide representation to the proper authorities, which is the RTIA. This is also the time frame that is allowed to make payment arrangements in convenient monthly installments. Sixty four days is also the amount of time the person charged with traffic fines has to nominate the true driver of the vehicle, and this is done by alerting the court as to who the person was that was driving when the traffic offense was committed. Thirty two days after the infringement notice is issued, a courtesy letter is sent out reminding of the traffic fines which are due. Thirty two days from this date, an enforcement order is served. After another thirty two days have passed, a warrant is ordered, and seven days from the issuance of the warrant it is served. This warrant will allow the sheriff to seize movable property in an attempt to collect the traffic fines due. In addition, the vehicles owned can be immobilized, the license of the driver may be seized, and various other penalties may apply.

Traffic fines and offenses in South Africa can be a very serious matter. Seatbelt use is required, and if traffic fines are assessed for seatbelt use the driver is expected to pay the fine when stopped, instead of waiting to pay it later. This is also true for traffic fines because of children under the age of twelve years sitting in the front seat. Until age twelve, all children are legally expected to ride in the back seat to protect them from injury. These are just a few of the traffic fines which may be levied. Speeding is another serious offense in South Africa. The speeding laws are strict, and the speed limits are rigorously enforced. Speed limits will vary from area to area, road to road, and even in different sections of the same road, so careful observation may be required while driving. Traffic fines for speeding can be very harsh, and if the speed is considered excessive the driver may be arrested and kept in jail for a period of time. There are some general tips regarding the speed limits on specific road types, but even these may not be accurate all of the time. On most motorways, the acceptable speed limit is one hundred and twenty kilometer per hour. On open roads, the allowable speed limit is usually one hundred kilometers per hour. On roads in areas which are built up and have a significant population the allowable speed is only sixty kilometers and hour. Traveling more than these speeds can result in traffic fines for speeding, regardless of how fast the local citizens seem to be going.

Where To Pay Traffic Fines
Traffic fines can be paid at a number of metro police stations, and there are also third party online companies which accept traffic fines, but when using these companies use caution because if the fine is not paid the driver will be the one who has a warrant issued against them and not the company. Metro police offices which accept payments for traffic fines can be utilized between seven thirty in the morning until three in the afternoon every weekday. For payers who have a credit card there is an online payment method called Payfine which can be used, but there are fees associated with each one of the traffic fines paid in this way. The fee is usually R5. Warrants based on traffic fines can be enforced at roadblocks, which can often be a fact of life in South Africa. If there are any outstanding warrants when a vehicle and driver are stopped for the roadblock, the fines can be paid immediately, and the payment methods include cash or a debit or credit card.

The Current System For Traffic Fines And Offenses
Driving offenses and traffic fines can be a serious matter under the new demerit system that has been put in use by AARTO. The demerit system is intended to punish bad drivers who habitually violate the traffic laws, while rewarding drivers who practice safe driving habits. Demerits are given when traffic fines are paid, or a court conviction or enforcement order is issued against an individual. Every driver will start with zero points, and a maximum of twelve points are allowed. Once a driver reaches thirteen or more points due to traffic fines and driving offenses, their license is taken away. Every three months one point is deducted from the past total, as long as no traffic offenses or fines are incurred during this time period. Traffic fines which are taken to court, or that are under an appeal to the court, do not receive any demerit until guilt is determined, or the appeal results in a ruling against the driver. When it comes to traffic fines in South Africa, the cost can be lowered, or even eliminated, with some knowledge or legal help. Some fines can be voided if certain conditions are not met or certain processes are not followed, but the best way to avoid paying traffic fines in South Africa is to carefully obey all of the traffic laws. If traffic fines are levied for driving offenses, pay them quickly to avoid compounding the costs.

Speeding Fines And The Traffic Offense Process

In South Africa, speeding fines are processed the same as other traffic fines. A ticket is issued, either by a police officer or through camera enforcement. The first step in the process is an infringement letter. Next is a courtesy later, mailed a little more than a month after the infringement letter. Until the courtesy letter is received, the speeding fines may be discounted by fifty percent for prompt payment. Once the courtesy letter is received, the full amount of the speeding fines must be paid, plus an additional fee for administrative purposes. If the fines are still not paid within thirty two days from this point, the court will issue an enforcement order. This gives the driver another thirty two days, but if no action is taken a warrant will be issued. The warrant is normally served seven days from when it was issued. Speeding fines are common in South Africa, but this does not mean that they should not be taken seriously. Not paying these fines can result in a license suspension, arrest and jail time, and assorted other penalties. If a speeding ticket is received and it is proper, with all of the legal requirements present, the best thing to do is pay the speeding fines immediately. This will give a fifty percent discount. The best way to avoid speeding fines is to drive carefully and obey all of the traffic laws and speed limits.

Paying Speeding Fines In South Africa

Speeding fines which involve speeds up to forty kilometers per hour over the set limit do not require a court appearance usually,as long as the fines are paid. Speeding violations which involve speeds over this amount do not have a set fine, and the driver must appear in court. Many metro police offices will accept payments for speeding fines, but only on the weekdays between seven thirty in the morning to three in the afternoon, and there are online payment websites and options as well. Use care when paying over the Internet though, because if the third party site does not pay the speeding fines the driver will be the one who has a warrant issued against them. If the fines are levied using camera enforcement, it is important to understand that the driver has the right to view the photos taken by the camera, and they should be clear enough to read the entire tag and capture the details about the vehicle. If the numbers in the photos are blurry, or the vehicle is not recognizable to the driver, then the speeding fines should be appealed to the court for dismissal. A great resource for how to deal with such fines is the Traffic Fines Toolkit written by Joe Lazarus.

 

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Traffic Tickets In South Africa

In South Africa, traffic tickets can be a very serious matter, and these tickets should never be disregarded or taken lightly. There are two ways that these tickets can be issued and that violations are caught, either manually from a metro police officer or with one of the enforcement traffic cameras that are placed in many locations in South Africa. If the traffic tickets are caught using an enforcement camera, it may be possible that these tickets are not valid legally and can be challenged in court. For challenging traffic tickets see the Traffic Fines Toolkit for detailed information. This is because the laws are very clear regarding when traffic tickets can be issued using cameras and photos, and in all of these cases the photo is not considered a preponderance of evidence that the traffic offense was committed by the person who received the tickets. If the picture is clear and there is no doubt that the driver is the only one captured by the camera at that moment though, it may be advisable to pay the fines as soon as possible. Within thirty two days of receiving a notice of infringement a discount payment is possible, with the fine being cut in half. After a courtesy letter is sent, there is no discount and extra fees are added. If traffic tickets are not taken care of and paid, the driver can be arrested and have their property seized.

Traffic Tickets, Mistakes, And The Wrongly Accused

In South Africa there has been a large number of complaints about traffic tickets from drivers who say they are not guilty. This issue has become very big, because a large percentage of drivers who wrongfully received traffic tickets and can prove that this is the case are still being hounded for the fines. Thousands or more South Africans have received traffic tickets that are a result of speed camera enforcement, even though many of these people can prove that they were not in the area, and often not even in the country, when the photos were taken. In a number of cases the photos of the traffic violations were so blurry the entire plate number is not visible or they had a number of things off, such as the color of the car or the details visible on the car. When questioned, the metro police in Tshwane South Africa gave an estimate of twenty thousand when asked the number of traffic tickets that are mistakes when it comes to cameras. This is the number just in this area of South Africa, and these camera mistakes are not an isolated incident. They occur throughout South Africa, and it has become common for officials to refuse to consider that there may be a mistake. Always insist on seeing the photos, and if there is any question that the traffic tickets are issued wrongfully take the matter up with the court and ask that the tickets be dismissed. Get the Traffic Fines Toolkit for detailed information on getting traffic fined withdrawn.

Traffic Laws And Their Enforcement In South Africa

Traffic laws in South Africa are vital to road safety and accident prevention, and these laws are very strictly enforced. There are many different traffic laws in effect in a wide range of categories, from speeding and reckless driving to driving under the influence and causing an accident which results in death, among many others. These laws are enforced in two different ways, and both are very effective most of the time. The local police department has officers which are assigned to traffic duty, such as catching speeders or manning roadblocks, and there are also enforcement traffic cameras which are used to catch speeding vehicles and certain other traffic violations. Traffic violations can be parking offenses as well, and a ticket will be issued for vehicles which are illegally or improperly parked. When traffic laws are broken a ticket may be issued which involves a specific fine, or other action may be taken. For serious violations there may not be a fine stated but instead a court appearance may be necessary. This is normally the case if driving while drinking occurs or if speeding happens that exceeds the posted speed limit by seventy kilometers an hour.

Roadblocks And The Traffic Laws

In South Africa, roadblocks are common and are used to catch drivers who break the traffic laws and do not pay the fines, among other types of wanted individuals. There are some specific traffic laws which protect drivers from arrest during a roadblock stop for unpaid traffic fines unless certain specific conditions are met. Unfortunately many drivers do not realize this fact, and do not contest their arrest at the roadblock. Drivers can be arrested for unpaid traffic fines at a roadblock in South Africa only if two very specific conditions are met. The police at the roadblock must have the original arrest warrant at the site. It can not be a copy of the warrant, and if the original warrant is not produced it is not acceptable for the police to state that the warrant is back at the police station. Without the original warrant being present and shown to the driver at the time of the arrest the arrest is not legal. It is also necessary for the police to show that the driver received the summons for the violation of the traffic laws. The summons must have been delivered to the driver personally, or proof must be provided showing the driver picked up the registered letter and signed for it. Both of these conditions are necessary for a legal arrest for unpaid fines due to traffic laws at a roadblock.

Traffic Laws And Cameras

In South Africa, enforcement of some traffic laws is done with traffic cameras. These cameras are installed in many areas and locations, and they can track speeding vehicles and certain other violations. There are traffic laws which regulate where these cameras can be placed, how they are allowed to be used, and what evidence needs to be present in the photos for the traffic fines to be valid. A knowledge of these laws can prevent many drivers from paying fines which are unjust or the result of mistakes. If an enforcement camera is to be installed to enforce the traffic laws, the location of each individual camera must have the approval of the director of public prosecutions. Any driver who has assessed fines due to photos from these cameras has the right to view the photos, and certain evidence must be visible. For more information on validity of fines see the Traffic Fines Toolkit: http://www.trafficfinestoolkit.co.za
Traffic Laws And Correcting Mistaken Violations

Traffic laws in South Africa are enforced very strictly, and with camera enforcement mistakes are quite possible and do happen. It is common for the photo to show the vehicle but not closely identify the driver, and often the driver of the vehicle is not the actual owner. False plate use is another common occurrence where traffic laws are broken and the wrong driver is assessed a fine. There are ways to correct these problems, but they can be time consuming and frustrating at times. If the driver is not the owner, but the owner knows who is responsible for the violation of the traffic laws, it is possible to have the fine redirected by nominating a new driver. This is only possible when the fine sis still in the early stages and is still on the first notice. The owner of the vehicle must sign an affidavit which includes all the required information about the new driver. This includes their name, passport or identification number, and the residential and postal address of the new driver.

How To Take Care Of Fines And Penalties Due To The Violation Of Traffic Laws

Violating the traffic laws in South Africa can result in fines being assessed, a court appearance being required, arrest warrants being issued, property being seized, and other actions being taken. When traffic laws are broken and tickets are issued, the actions required by the driver will depend on which traffic laws were broken. If the ticket includes a fine amount and the driver simply wants to pay the fines, this can be done in person or online. Many metro police offices will take payments, and there are payment sites that can be used as well, to pay more conveniently. Fines assessed for traffic laws must be paid or contested, and can not simply be ignored. If a court appearance is required and the driver does not appear, a warrant may be issued for the driver, in addition to contempt of court charges for not appearing before the court as ordered. If choosing to pay using an online method use caution, because if the fines are not paid for the violation of traffic laws the consequences can be very severe.

Specific Traffic Laws In South Africa

South Africa has a large number of traffic laws, and some violations may be handled differently than others. One specific law that is handled immediately when a violation occurs is the seatbelt law. All front seat occupants of a vehicle must wear a seatbelt, and if a violation is caught the fine is expected to be paid immediately. The same is true with some traffic laws concerning other violations as well. Speeding fine traffic laws in South Africa vary depending on the location, and the speed limit can change suddenly so close attention should be paid to the acceptable speed limit while driving. Visitors to South Africa who break the traffic laws face the same consequences and penalties as the locals do, and ignorance of these laws is no excuse to breaking them.

Speeding Fines
Speeding fines in South Africa can vary, depending on many factors, and the speed limit can change without warning, even on the same road. The system in place to catch drivers who speed is very sophisticated, and can include camera enforcement as well as enforcement by the local police officers or metro police. Speeding fines may change in amount from one place in South Africa to another, and will depend on the location where the speeding fine is received. Because of a high number of fatal crashes caused by excessive speed in areas of South Africa, the speed limits are strictly enforced and speeding can be a serious traffic offense. Speeding fines are assessed for going above the speed limit, but the fines are not the only possible penalty. If the speed the vehicle is driven is excessive, or a large amount over the allowable speed, arrest and jail time can also be given as well. Speed violations in South Africa should never be ignored, and must be taken care of properly to ensure that further action is not taken to collect the speeding fines. Otherwise a warrant may be issued and executed to seize property or arrest the speeder.
Speeding Fines And Camera Enforcement

In South Africa, just because a metro police officer is not around does not mean it is possible to speed without getting caught. Traffic Cameras used for this purpose are located in many different areas. The authorities have made these cameras fit in, so it is not always possible to detect them. When a speeding violation occurs in front of one of the cameras, a picture is taken of the vehicle and the license number. Sometimes the picture will show the driver, but this is not always the case. The speeding fines which result from violations caught on camera are assessed against the legal owner of the vehicle. This can cause problems at times, if the owner of the vehicle has loaned it out, but it is possible for the owner to nominate the driver who was responsible for the speeding fines, if it is not them. Just like all other camera enforcement fines, there is a process that is in place which involves certain steps, and one of these steps will allow the vehicle owner to designate the correct driver by signing a legal statement.

 

 

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What Are The TCSP Guidelines?

There is a document prepared according to the TCSP guidelines which outlines all the details and aspects of the speed measuring equipment ,and the use of this equipment. The document has the title “Guidelines for prosecution with regard to speed and traffic light prosecutions”, and it outlines all the specifications that need to be used for traffic control equipment, so that traffic enforcement efforts are valid and legal. The TCSP guidelines give guidance about the how, when, where, and who of traffic equipment, and these guidelines must be followed exactly for any entrapment or enforcement to be legal when traffic and speed measuring equipment is used.

TCSP Guidelines And Traffic Enforcement

The TCSP guidelines are extremely clear, but this does not mean that most traffic entrapment officers follow these guidelines. This is because the chance of the officer getting caught, or in trouble, for violating these rules and laws in this area is so small that it never happens.It is very difficult for a motorist to determine whether the TCSP guidelines were followed during a traffic or speed trap. If the trap is not noticed immediately, and the motorist only becomes aware of the trap a month later when the infringement notice is sent along with the picture, it is not possible to go back in time and verify all the details and specifics.If the motorist does spot the trap and asks for the documentation required, they will be exposed to the arrogance, and possibly violent actions, of the entrapment officers. This could be a serious hazard to the health of the motorist.

Ways The TCSP Guidelines Can Help The Motorist Instead Of The Traffic Officer

The TCSP guidelines have some points that can be used to fight entrapment tickets that are not completely valid. These are guidelines put into place to ensure traffic enforcement efforts are done properly and legally. The following points are specifically stated in the TCSP guidelines and must be followed, otherwise the traffic enforcement may be dismissed.

1. “The operator for purposes of these guidelines is a traffic officer appointed in terms of road traffic legislation.”

A) If possible pull over and park, doing so in a safe manner. Ask the officer to see the identification or appointment verification that identifies them as a traffic officer, according to the TCSP guidelines.

B) Any employee of a private company that is under contract to the relevant municipal entity is not considered a traffic officer, because they are not peace officers at all but private employees. These individuals are not allowed to operate speed enforcement cameras, whether they are a contractor to the municipal entity or not.

2. “The operator shall be in possession of an operator's certificate for the specific type of SME”.

A) If the motorist demands to see the operator's certificate, the traffic officer does not have the right to refuse, and must present the certificate to the motorist.

B) If the officer does not have this certificate available it is a a violation of the TCSP guidelines. The document should be an original and not a photocopy, because this is the law concerning drivers licenses and identifications and should apply to operator's certificates as well.

3. “An accredited laboratory shall calibrate all speed measuring equipment at least once every six months and issues a calibration certificate. Equipment that is outside the six months calibration period must be calibrated again before it may be used for prosecution purposes.”

A) The traffic officer does not have to carry a calibration certificate or to have it on site. There must be a calibration seal on the speed monitoring equipment though. Look at the dates on this seal to ensure that the date is within the valid

dates listed. The municipal entity is legally required to keep the original copy of the calibration certificate on the premises though, and if this is not done then all the tickets issued may be contested as invalid.

4. “That maintenance and repair of equipment and accessories that will result in the calibration seal being broken, shall only be attended to by the manufacturer, distributor, or their appointed agent, in accordance with the SANS 1795 and the equipment shall be recalibrated thereafter.”

A) Look at the calibration sticker, and note the location of it. Look for any evidence that the seal has been broken, or that the seal is in a place that would allow tampering with the equipment without causing calibration seal damage. If either condition is present than the TCSP guidelines are not being followed.

5. “No prosecution may be instituted where the speed measurement was taken within 300 metres of the commencement of the speed limit zone, except with permission from the Director of Public Prosecutions.”

A) Look at the distance between the speed change sign and the trap. If it is three hundred meters or less, then the enforcement does not follow TCSP guidelines.

B) The TCSP guidelines state that the trap can not be within the specified distance of a speed change sign, and not just any speed limit sign. The speed limit must increase or decrease, not just be stated on the sign.

C) An exception to this rule is in construction zones where the speed may be reduced for a short distance and then increased again. Speed traps in these areas are valid.

6. “When selecting a site for a speed measurement exercise, the operator must have a clear and uninterrupted view of the road and the vehicle measured for the duration of the measurement.”

A) Look at the picture and determine if the road is invisible. Most of the time the traffic officer is very low, close to the ground, to avoid detection by motorists. In these cases the picture will not show the road.

7. “The SME shall at all times whilst being operated be mounted on a firm and stable surface and if mounted in or on a vehicle, the vehicle must be stabilized before the SME is used.”

A) SME equipment manufacturers normally provide a mounting tripod for stability, but this does not always work. If the tripod is on grass or brush, if it can move in any direction, or if it is mounted in or on a vehicle then the chances are the SME equipment is not stable. This would go against the TCSP guidelines.

B) If the SMP equipment is being utilized to catch speeds in both directions, stability is not possible because movement is needed to get the crosshair aim of the equipment positioned.

C) According to the TCSP guidelines, if a vehicle is used for SME equipment it must be completely stable. Without using stabilizing arms or other equipment no car, truck, or van would be completely stable.

Important Points And Notes About TCSP Guidelines

Any motorist who stops to inspect the SME equipment or operator, to ensure that the trap follows TCSP guidelines, should use caution. Make sure to pull over and park safely and legally. Never stand in front of the equipment or block the view of the equipment operator, or you may be arrested for obstructing an officer or defeating the ends of justice. Never put yourself in the position of giving the officer a reasonable cause to arrest you, because they will.