xrapidx
Honorary Master
- Joined
- Feb 16, 2007
- Messages
- 40,308
I found a few things a didn't know
Know your rights at scary roadblocks
By Thandi Skade
Roadblocks are every motorists' worst nightmare - particularly if you have outstanding fines.
You sit nervously behind the steering wheel while a traffic officer checks for outstanding tickets.
You go into a state of fear of being locked up, so you pay the fine/s immediately, without the officer producing a warrant for your arrest.
But according to Joburg metro police spokesperson Superintendent Wayne Minnaar and fleet administrator Rene Venter, this practice is unlawful.
"They do this to put the fear of God in you on the spot, forcing you to pay the ticket immediately, all in the name of collecting revenue," said Dennis Jackson, a former traffic officer and founder of the Institute for the Scrutiny of Inequitable Traffic Enforcement.
Minnaar said the only instance where a traffic officer can force you to pay an outstanding fine on the spot is if there is a warrant out for your arrest.
He added that if a summons bearer could not find you or a person over the age of 16 living on your property to sign and receive the summons, then your case goes into stagnation.
He explained that the technology used at roadblocks would then pick up that your case is stagnant, and at that stage officers would issue your summons.
He or she is also, at this stage, supposed to notify you of your options, but it is ultimately your decision whether you want to pay the fine or contest it in court.
A fine is valid for only two years. If you haven't paid the fine by then and are fortunate to have escaped roadblocks, the fine gets cancelled.
The traffic fine process:
A notice informing you of the traffic offence, the date and time the offence took place, the amount of the fine and the payment date is sent to your home, and you have 30 days from the notice issue date to settle the fine.
If you fail to pay the fine before the payment date, a second notice is sent out, after which you have a further 30 days to respond.
Failure to pay the fine will result in a third notice being sent. This "resembles a summons and indicates the intention to summon", which a motorist once again has 30 days to pay.
Failing which, a summons is then served to you by a summons bearer personally or to a person over 16 years old living on the premises. If you still have not paid the fine by the court date and fail to attend the court appearance to contest the fine, a warrant of arrest is processed.
If you are caught in a roadblock and there is a warrant out for your arrest, traffic officers have the right to arrest you if you don't pay the fine immediately. You will also face an additional R300 fine for being in contempt of court.