Issuing of fines on private roads

[saor]

I received a R500 fine 'License disc not displayed' whilst parked at work on a private road. The road runs alongside our building and ends in a dead-end at another business. If the entire property was gated up the road would be enclosed in the gate. Basically the businesses control who's allowed to park there...they own & manage it.

Disclaimer: I didn't have my new disc displayed - received it but it was in the glove compartment.

Question: Can a fine be issued on a private road? (The street name on the ticket is the street that runs perpendicular to the private street.)

 

[Scooby_Doo]

Yes. Your car needs a valid licence regardless of where it is.

 

[saor]

Yes. Your car needs a valid licence regardless of where it is.

Even if it was in my driveway?

 

[Scooby_Doo]

Even if it was in my driveway?

Yip

 

[saor]

Yip

One would think their jurisdiction ends where my personal property begins. Or something like that.

 

[Arthur]

Interesting Q.

Two issues, as I see it:

1. Unless deregistered/scrapped, the vehicle must pay the annual tax. This is due even if the vehicle is never used and kept on private land. But that's not what the OP is asking.

2. Can a police/traffic official enter private property and issue a fine for non-display of clearance certificate? I would think not, but don't know for sure. Seems most unlikely that they can, however.

 

[royz]

Any area where public have access to are considered to be public space, eg. Petrol Station although the Petrol Staion is "privately owned". I suppose private parking areas example staff parking is considered to be private as the general public dont have common access...my thoughts

 

[royz]

A vehicle used on a private road on a privately owned farm does not require a licence, so I guess the term private is debatable depending on the level of access
You cannot be criminally charged for drinking alcohol on a private farm road, but you can be charged for "Drinking in Public", in the forecourt of a "Privately Owned Petrol Station"

 

[SauRoNZA]

Had a similar issue to this when I parked on the sidewalk at my company a few years ago where we were directed to park as it's also private property.

I then got a R500 fine for parking illegally.

Wrote a letter and never heard from them again but some time later I logged into one of these fine websites and it stated that the fine had been scrapped.

I think most fines issued/written are in fact taking chances and that's why we never receive summonses and the like for them because they know it won't fly and they make their money off the people who fold and just pay.

 

[Arthur]

A vehicle used on a private road on a privately owned farm does not require a licence, so I guess the term private is debatable depending on the level of access
You cannot be criminally charged for drinking alcohol on a private farm road, but you can be charged for "Drinking in Public", in the forecourt of a "Privately Owned Petrol Station"

The driver doesn't need a driver's licence on private land. But if the vehicle is registered with a licensing authority (eg you local municipality) the owner must pay the annual tax irrespective of where the vehicle is driven or kept.

 

[Nether]

The driver doesn't need a driver's licence on private land. But if the vehicle is registered with a licensing authority (eg you local municipality) the owner must pay the annual tax irrespective of where the vehicle is driven or kept.

Source?

 

[Colin62]

The driver doesn't need a driver's licence on private land. But if the vehicle is registered with a licensing authority (eg you local municipality) the owner must pay the annual tax irrespective of where the vehicle is driven or kept.

I pay the annual license fee on my vintage car, but as it's still in the process of being rebuilt and it hasn't passed roadworthy, there is no license disc. It's not illegal for me to park this car on private property.

 

[SauRoNZA]

I pay the annual license fee on my vintage car, but as it's still in the process of being rebuilt and it hasn't passed roadworthy, there is no license disc. It's not illegal for me to park this car on private property.

But then it isn't registered is it?

 

[Arthur]

I pay the annual license fee on my vintage car, but as it's still in the process of being rebuilt and it hasn't passed roadworthy, there is no license disc. It's not illegal for me to park this car on private property.

Of course it's not illegal to park the car on your own private property. If it's someone else's, you need their permission. But that's not what we're talking about.

The issue is registration and payment of the annual licence fee. Once the vehicle is registered to a title holder in the national traffic information system (eNATIS), the annual licence fee (a tax) is payable by the title holder. It matters not a jot where you keep the car or whether you drive it - you can park the car in your basement and never touch it again, you'll still have to pay the annual licence fee. If you fail to do so for a stipulated period (can't remember what that is, but it's something like three consecutive years), then the registration is automatically cancelled and the vehicle de-registered. In that case you'll have to go through the whole process of re-registering the vehicle again, and possibly also pay penalties.

 

[boxerulez]

Yes. Your car needs a valid licence regardless of where it is.

Bull dust. How do they prove that car has been driven on the road?

 

[boxerulez]

Had a similar issue to this when I parked on the sidewalk at my company a few years ago where we were directed to park as it's also private property.

I then got a R500 fine for parking illegally.

Wrote a letter and never heard from them again but some time later I logged into one of these fine websites and it stated that the fine had been scrapped.

I think most fines issued/written are in fact taking chances and that's why we never receive summonses and the like for them because they know it won't fly and they make their money off the people who fold and just pay.

Most of those speedcops are fires before both him/her and you can meet in court. Hence they just scrap most of those parking offences.

 

[Fulcrum29]

Bull dust. How do they prove that car has been driven on the road?

Don't know the law?

http://www.polity.org.za/polity/govdocs/regulations/1999/roadregs03.html

Motor vehicle to be registered

3. Subject to the provisions of regulations 4 and 5, every motor vehicle in the Republic shall, whether or not it is operated on a public road, be registered by the title holder thereof, in accordance with the provisions of this Part, with the appropriate registering authority.

 

[ToxicBunny]

Don't know the law?

http://www.polity.org.za/polity/govdocs/regulations/1999/roadregs03.html

Car was registered...

What does the law state around showing the license disc on private property though?

 

[boxerulez]

Don't know the law?

http://www.polity.org.za/polity/govdocs/regulations/1999/roadregs03.html

I cant speak to that excerpt but I can tell you I own 3 racecars and none of them display any tags. I have had both police and metro inspect these vehicle on more than one occasion checking chassis numbers etc because I have been spotted on the street. When they do find me car is on trailer, so they make my life hell running all the numbers for stolen vehicles etc but never said a word about non licenced.

Also how do they differentiate new cars in this law? They only get dealer plates once they are delivered to dealers. So up until then do they go into showrooms an ticket the cars there also?

The OPs situation is highly irregular.

 

[Fulcrum29]

Car was registered...

What does the law state around showing the license disc on private property though?

When a vehicle is registered a license number is allocated and a licence disc issued in that respect, the law still applies to anywhere in the Republic.

When I used to work in the agricultural industry we still had to license our tractors, cherry pickers etc. even when they never touched the public roads.

I don’t know about inspections on private property as it is private and that a warrant would apply in this case, but when you decide to take your vehicle onto the public road then you will need to have your registration and license in order and pending on the conditions you will have to pay an penalty in the time that you neglected to renew your vehicle licence.