Can I dispute a speeding fine with the wrong charge code?

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vertigo5005

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I have an issue I'd appreciate some advice on.

I was driving 96 to 100 in an 80 zone, the fine was issued through AARTO but the charge code is incorrect. Basically I was driving a normal motor vehicle but the charge code states the fine is for a "combination of vehicle, with a total GVM > 9000 kg", the rest of the fine is correct.

I've read on here that some mistakes on the fines nullify them as they are legal documents. Do I have grounds to dispute it or should I just pay up?



This was the charge code issued:

4578 Operated a combination of vehicle, with a total GVM > 9000 kg., at a speed of 96 to 100 km/h which is in excess of the 80 km/h being the speed limit prescribed by the Minister - Sect. 59(4)(c)


This is the charge code that should have been used:

4550 Operated a vehicle at a speed of 96 to 100 km/h which is in excess of the speed limit of 80 km/h as was indicated in the prescribed manner on a road traffic sign - Sect. 59(4)(b)

Thanks!
 
koeksGHT said:
Whats the fine? May have gotten a similar one where the road through Jozi goes from 100 to 80 in a short section
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R500, it was on Christiaan De Wet/Hendrik Potgieter where the speed limit is 80/90 so probably not the same place as yours
 
Is there a photo attached to the notice ?
 
You can challenge the fine... It was issued incorrectly. I'm not sure about them reissuing the fine though....
 
What's to challenge, if you were doing 96 to 100 in an 80 zone, it doesn't matter if you were charged according to a tricycle, you still broke the law and the speed limit.

Sorry, I just get frustrated with this type of thread - :mad:
 
vertigo5005 said:
R500, it was on Christiaan De Wet/Hendrik Potgieter where the speed limit is 80/90 so probably not the same place as yours
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Honestly, this speed trap has been there for YEARS, how did you miss that one?
 
But you were speeding? Why dispute it you were breaking the law. Pay the fine, learn a lesson and move on. You are probably going to waste more energy and man hours trying to dispute this than it's worth.
 
Fazda said:
What's to challenge, if you were doing 96 to 100 in an 80 zone, it doesn't matter if you were charged according to a tricycle, you still broke the law and the speed limit.

Sorry, I just get frustrated with this type of thread - :mad:
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why read it then and let yourself get frustrated? don't you think you have better things in life to then troll someone's comment?
 
Fazda said:
What's to challenge, if you were doing 96 to 100 in an 80 zone, it doesn't matter if you were charged according to a tricycle, you still broke the law and the speed limit.

Sorry, I just get frustrated with this type of thread - :mad:
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Generally I agree with you.... but its a legal issue, and the letter of the law has to be followed for it to stand up in court, if it gets that far.

I've had a few fines come my way that were completely bogus...
 
Lupus said:
But you were speeding? Why dispute it you were breaking the law. Pay the fine, learn a lesson and move on. You are probably going to waste more energy and man hours trying to dispute this than it's worth.
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That was my point.

I would love to know if this sort of thing happens in any other country but ours.

I know that I got a fine, but should I try and get away with it on some technicality??????

And we moan about the Taxis and bad drivers? :rolleyes:
 
ToxicBunny said:
Generally I agree with you.... but its a legal issue, and the letter of the law has to be followed for it to stand up in court, if it gets that far.

I've had a few fines come my way that were completely bogus...
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So he must go to court, waste an entire days productivity for something he did actually do and would've only paid R250 for?
 
Lupus said:
So he must go to court, waste an entire days productivity for something he did actually do and would've only paid R250 for?
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Given whats happening in Durban, and the fact that he may end up with a criminal record for paying the fine, it might be worth his while to fight the fine based on the fact that the wrong code was used.

If it was just a R500 fine, with absolutely no other consequences, I'd agree, just pay it and move on.
 
ToxicBunny said:
Given whats happening in Durban, and the fact that he may end up with a criminal record for paying the fine, it might be worth his while to fight the fine based on the fact that the wrong code was used.

If it was just a R500 fine, with absolutely no other consequences, I'd agree, just pay it and move on.
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He's in Johannesburg, not Durban and it's running off of AARTO :-) might end up costing him more to fight this.
 
Howsit guys,

My apologies for those of you that I've annoyed. I'm new to jhb and was a student rushing for a test at the time off the offence, so I get that its wrong but at the same time I feel that we're never given any breaks so why should AARTO be given any for their mistakes.

Long story short I spoke to AARTO and they will cancel the fine due to the incorrect code being used, I just have to fill in a representation form.
 
vertigo5005 said:
Howsit guys,

My apologies for those of you that I've annoyed. I'm new to jhb and was a student rushing for a test at the time off the offence, so I get that its wrong but at the same time I feel that we're never given any breaks so why should AARTO be given any for their mistakes.

Long story short I spoke to AARTO and they will cancel the fine due to the incorrect code being used, I just have to fill in a representation form.
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Good for you and boo to the naysayers. Use the system wherever you can. Disputing the fine on a technicality is perfectly legitimate.
 
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