Can I be arrested for having outstanding eTolls?
Recently, TMT Services has adjusted the wording on their email demands by stating: "Failure to make payment will result in you being identified as a non-payer and will be stopped by the Toll Road Enforcement Unit."
This threat is very serious indeed and it is clear that TMT Services and SANRAL are unaware of the fact that stopping a motorist prior to the existence of a Warrant of Arrest is tantamount to wrongful arrest if they have not committed an offence in the presence of an officer. The Gauteng Department of Community Safety, Gauteng Traffic Police should however be aware of this and should be mindful of the civil claims that could (and should) arise out of this abuse. Officers from the Gauteng Traffic Police have been seconded by SANRAL to enforce offences on the eToll roads and have NO special powers, beyond being traffic officers.
Even if these "enforcement units" issue an invoice to the road user at the roadside, this would be a violation of the e-Road regulations which clearly states that SANRAL MUST send an invoice "to the last known address provided in terms of the National Road Traffic Act". It makes NO PROVISION for roadside invoicing or harassment. They may however issue summonses and AARTO infringement notices.