Joburg motorists score big time
- Titch
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Joburg motorists score big time
12 years 2 weeks ago
Joburg motorists won’t be prosecuted for any offence since December 22, and every fine issued since then can be torn up and thrown into the waste-paper bin.
The Road Traffic Infringement Agency (RTIA) told The Star that it had suspended the posting of all courtesy letters asking for payment.
In terms of legislation, the RTIA has to send these letters, by registered mail, as reminders that the fine has not been paid and informing motorists that they have lost their 50 percent discount, and have another 32 days to pay.
If the fine is still not paid, the RTIA should send out a notice of enforcement order – also by registered mail – informing the motorist that this failure to pay will be registered on the eNatis system against the driver’s identity number, and he or she will not be able to do any transactions with any vehicle until the infringement notice is paid.
This should also be the start of the process of issuing a warrant of execution against the motorist’s movable property to recover the money once the National Contravention Register has been fully developed.
But the RTIA has not sent one courtesy letter since January, meaning that no further action can be taken against the motorist.
And now that the agency has admitted it is not sending these courtesy letters, it means that not only are some 4 500 traffic officers wasting their time every day speed-checking and stopping motorists for other offences, but the City of Joburg is wasting R7.5 million a month in sending fines by registered mail which are seldom collected.
The JMPD, for 18 months before December 22, was sending fines by ordinary mail. Then, after complaints from the Road Traffic Management Corporation and motorists saying this was illegal, it was forced to start sending fines by registered mail at a cost of R20 each, as a direct result of the intervention of the transport minister.
Some 450 000 fines are sent by registered mail monthly, at a cost of R7.5m. But since January only 10 percent of motorists have paid fines. So since December 22, when the JMPD resumed registered mail, about 1.48 million fines have been sent fruitlessly, costing about R30m.
The RTIA would have to spend the same amount to send the courtesy letters, and again to send the enforcement order letters.
The RTIA said it had experienced challenges at great expense, as courtesy letters must be sent to infringers by registered post.
Some of the challenges include the recent strikes at the South African Post Office.
“In the event that courtesy letters are sent and not collected due to strike action at the Post Office, an enforcement order is authorised, resulting in all eNatis transactions being blocked – such as the renewal of driving licence cards, motor vehicle licence discs and professional driving permits – causing the infringer unnecessary economic harm – especially fleet owner vehicles – and inconvenience.
“These challenges have resulted in the Road Traffic Infringement Agency taking a decision to suspend the issuing of courtesy letters to an infringer until such time that the SA Post Office has given confirmation of an improved delivery of courtesy letters and service levels,” said RTIA spokesman Mthunzi Mbungwana.
A further shock is that eNatis is unable to issue warrants of arrest if motorists fail to appear in court, as the software is not yet functional.
It does not have the software development to upload the outcome of the case onto the National Contravention Register.
Another problem that shows how the Aarto (Administrative Adjudication of Road Traffic Offences) system is imploding: in cases where motorists have to appear in court for major offences, such as speed in excess of 40km/h of the speed limit, eNatis can issue only the initials, not the full names, of offenders.
The courts will not accept this as they demand full names, and are thus striking hundreds of cases off the eNatis court roll daily.
This applies to the Tshwane metro police department as well as the Gauteng Provincial Police Department, where the Aarto system is being implemented.
JMPD acting chief of police Gerrie Gerneke said they were negotiating a solution with the RTIA.
FINANCE CHAOS
* There are no service-level agreements between the various municipalities, the RTIA and the SA Post Office, and since 2008 there has been no distribution, reconciliation or transfer of fine income.
* All money paid by motorists in fines to the Post Office, and to other cities’ metro police or licensing departments, where there is an eNatis payment terminal, is lying in that local municipality’s coffers. It is believed that there is R10m of traffic fine income belonging to the cities of Joburg and Tshwane in these sundry accounts.
* Money paid at the Post Office goes to the RTIA, with Joburg and Tshwane not having seen reconciliation of any of this money in more than five years.
* Similarly, the money collected by Joburg and Tshwane is not paid over to those it is due because there is no accounting or reconciliation system in place between the traffic and issuing authorities.
The Road Traffic Infringement Agency (RTIA) told The Star that it had suspended the posting of all courtesy letters asking for payment.
In terms of legislation, the RTIA has to send these letters, by registered mail, as reminders that the fine has not been paid and informing motorists that they have lost their 50 percent discount, and have another 32 days to pay.
If the fine is still not paid, the RTIA should send out a notice of enforcement order – also by registered mail – informing the motorist that this failure to pay will be registered on the eNatis system against the driver’s identity number, and he or she will not be able to do any transactions with any vehicle until the infringement notice is paid.
This should also be the start of the process of issuing a warrant of execution against the motorist’s movable property to recover the money once the National Contravention Register has been fully developed.
But the RTIA has not sent one courtesy letter since January, meaning that no further action can be taken against the motorist.
And now that the agency has admitted it is not sending these courtesy letters, it means that not only are some 4 500 traffic officers wasting their time every day speed-checking and stopping motorists for other offences, but the City of Joburg is wasting R7.5 million a month in sending fines by registered mail which are seldom collected.
The JMPD, for 18 months before December 22, was sending fines by ordinary mail. Then, after complaints from the Road Traffic Management Corporation and motorists saying this was illegal, it was forced to start sending fines by registered mail at a cost of R20 each, as a direct result of the intervention of the transport minister.
Some 450 000 fines are sent by registered mail monthly, at a cost of R7.5m. But since January only 10 percent of motorists have paid fines. So since December 22, when the JMPD resumed registered mail, about 1.48 million fines have been sent fruitlessly, costing about R30m.
The RTIA would have to spend the same amount to send the courtesy letters, and again to send the enforcement order letters.
The RTIA said it had experienced challenges at great expense, as courtesy letters must be sent to infringers by registered post.
Some of the challenges include the recent strikes at the South African Post Office.
“In the event that courtesy letters are sent and not collected due to strike action at the Post Office, an enforcement order is authorised, resulting in all eNatis transactions being blocked – such as the renewal of driving licence cards, motor vehicle licence discs and professional driving permits – causing the infringer unnecessary economic harm – especially fleet owner vehicles – and inconvenience.
“These challenges have resulted in the Road Traffic Infringement Agency taking a decision to suspend the issuing of courtesy letters to an infringer until such time that the SA Post Office has given confirmation of an improved delivery of courtesy letters and service levels,” said RTIA spokesman Mthunzi Mbungwana.
A further shock is that eNatis is unable to issue warrants of arrest if motorists fail to appear in court, as the software is not yet functional.
It does not have the software development to upload the outcome of the case onto the National Contravention Register.
Another problem that shows how the Aarto (Administrative Adjudication of Road Traffic Offences) system is imploding: in cases where motorists have to appear in court for major offences, such as speed in excess of 40km/h of the speed limit, eNatis can issue only the initials, not the full names, of offenders.
The courts will not accept this as they demand full names, and are thus striking hundreds of cases off the eNatis court roll daily.
This applies to the Tshwane metro police department as well as the Gauteng Provincial Police Department, where the Aarto system is being implemented.
JMPD acting chief of police Gerrie Gerneke said they were negotiating a solution with the RTIA.
FINANCE CHAOS
* There are no service-level agreements between the various municipalities, the RTIA and the SA Post Office, and since 2008 there has been no distribution, reconciliation or transfer of fine income.
* All money paid by motorists in fines to the Post Office, and to other cities’ metro police or licensing departments, where there is an eNatis payment terminal, is lying in that local municipality’s coffers. It is believed that there is R10m of traffic fine income belonging to the cities of Joburg and Tshwane in these sundry accounts.
* Money paid at the Post Office goes to the RTIA, with Joburg and Tshwane not having seen reconciliation of any of this money in more than five years.
* Similarly, the money collected by Joburg and Tshwane is not paid over to those it is due because there is no accounting or reconciliation system in place between the traffic and issuing authorities.
Give everything but up!
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- easy
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- Frodo
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
And then they will also have to issue e-toll invoices - what a joke
<

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- gregbucks
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
Frodo Wrote:
> And then they will also have to issue e-toll
> invoices - what a joke
<
Yip, invoice me then i pay...(
)
> And then they will also have to issue e-toll
> invoices - what a joke

Yip, invoice me then i pay...(

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- soodum
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
Cosatu has promised to shut down jhb on friday so let's see what happens
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- Press
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
I just paid a R500 fine that I got in Sandton:X
Should have rather kept the pennies for a P6
Should have rather kept the pennies for a P6
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- rob faux
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
Press Wrote:
> I just paid a R500 fine that I got in Sandton:X
>
> Should have rather kept the pennies for a P6
I am sure that there should be a joint action for all those that paid those fines to get refunds otherwise its a great precedent and lesson to never pay again without a real tussle!
Wait until they bring the points in ........every single fine will be worth fighting.........courts will get to the point where fines prescribe even before prosecution I reckon!
> I just paid a R500 fine that I got in Sandton:X
>
> Should have rather kept the pennies for a P6
I am sure that there should be a joint action for all those that paid those fines to get refunds otherwise its a great precedent and lesson to never pay again without a real tussle!
Wait until they bring the points in ........every single fine will be worth fighting.........courts will get to the point where fines prescribe even before prosecution I reckon!
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- gg
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
If you get a fine , have the guts to pay it !
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- FazzX
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
gg Wrote:
> If you get a fine , have the guts to pay it !
Really?
Traffic fines in this city are nothing but legalized theft - has nothing to do with law enforcement.
If it did, perhaps we wouldn't have to rely on the private sector to fund pointsmen when traffic lights are out of order (Outsurance) - this to prevent chaos when intersections becomes gridlocked because people jam the intersections instead of treating as four way stop. When violations like this occur, law enforcement is nowhere to be seen - please come to the CBD some time when it is log-jammed till 9.00 PM with every single intersection blocked by lawless motorists, and then show me a traffic officer/policeman if you can.
Where does all the money raised by fines go to? It's not used for traffic enforcement because this authority is not interested in law enforcement, it is only interested in the income it generates. That's why when there is chaos from hell in the CBD there is no law enforcement to be seen, they don't lift a finger to enforce the law and thereby assist the citizens who pay them - no, instead they have set up a roadblock just outside the CBD (unbelievably!), and during this chaos are using all their manpower to check for outstanding fines, to raise more slush fund, while citizens must battle barbaria.
what does this have to do with guts?
> If you get a fine , have the guts to pay it !
Really?
Traffic fines in this city are nothing but legalized theft - has nothing to do with law enforcement.
If it did, perhaps we wouldn't have to rely on the private sector to fund pointsmen when traffic lights are out of order (Outsurance) - this to prevent chaos when intersections becomes gridlocked because people jam the intersections instead of treating as four way stop. When violations like this occur, law enforcement is nowhere to be seen - please come to the CBD some time when it is log-jammed till 9.00 PM with every single intersection blocked by lawless motorists, and then show me a traffic officer/policeman if you can.
Where does all the money raised by fines go to? It's not used for traffic enforcement because this authority is not interested in law enforcement, it is only interested in the income it generates. That's why when there is chaos from hell in the CBD there is no law enforcement to be seen, they don't lift a finger to enforce the law and thereby assist the citizens who pay them - no, instead they have set up a roadblock just outside the CBD (unbelievably!), and during this chaos are using all their manpower to check for outstanding fines, to raise more slush fund, while citizens must battle barbaria.
what does this have to do with guts?
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- Titch
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
gg Wrote:
> If you get a fine , have the guts to pay it !
The fine or the R100 cash kick back??
> If you get a fine , have the guts to pay it !
The fine or the R100 cash kick back??
Give everything but up!
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- Dave Scott
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
We had "police" in our area only interested in bribes, we reported them and action has been taken.
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- mr hawaii
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Re: Re: Joburg motorists score big time
12 years 2 weeks ago
gg Wrote:
> If you get a fine , have the guts to pay it !
100% If you have broken the speed limit etc what makes you think it's ok not to pay? These laws are there to protect others in society that abide by the law. I have obviously had to pay speeding fines occasionally and I am angry with myself for not noticing the speed limit and not the authorities for enforcing the law. South Africa has an abundance of lawless drivers that endanger the lives of others every day - I wish the fines were steeper !!
> If you get a fine , have the guts to pay it !
100% If you have broken the speed limit etc what makes you think it's ok not to pay? These laws are there to protect others in society that abide by the law. I have obviously had to pay speeding fines occasionally and I am angry with myself for not noticing the speed limit and not the authorities for enforcing the law. South Africa has an abundance of lawless drivers that endanger the lives of others every day - I wish the fines were steeper !!
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