[May 2013..Dec 2013] The Gauteng E-tolling Thread

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madrynn said:
A method of legally delaying e-toll payments is extremely simple, yet completely successful, and wholly legal.

1) After the first 4-6 weeks of passing through toll gantries, send SANRAL a registered letter, expressing your concern, that for the last 4- 6 weeks you have not received a payment request from them.
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They will be sending monthly invoices anyway.

madrynn said:
You must state that you are COMPLETELY willing to pay the toll fees, but this cannot be carried out without a detailed invoice.
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There is a special amendment to the SANRAL Act that makes you automatically liable by law if you use a toll road with no onus on them to send you invoices, etc (although they will be sending monthly invoices)

Read this - it's quite an eye opener: http://www.jutalaw.co.za/media/file...2_-_Transport_Laws_and_Related_Matters_AB.pdf

madrynn said:
Unreliable postal services could be to blame, so please would they send you your invoice by registered mail, to ensure you receive it. (This is a fully legal AARTO requirement for any letter of demand.)
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They have nothing to do with AARTO.

They do not have to send invoices - the responsibility is on the motorist to determine what they owe and pay.

You are presumed to have incurred the toll if you are the owner of the vehicle, and you have to prove that you didn't use the toll, not the other way round.

They also specifically override the provisions of the NCA.

I agree, we need to find a way to make the system ungovernable, but they seem to have pre-empted most of the bureaucratic avenues by modifying the laws to suit them, and I'm sure that every time there is new loophole they'll pass new laws in record time.
 
Albereth said:
If your tag is broken, can you get a replacement?
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I just love the terms and conditions!

3.Lost, stolen or faulty e-tags
We remain the owner of the e-tag at all times. When you (or the user of the motor vehicle linked to your e-toll account) get the e-tag linked to your e-toll account, the risk and responsibility of lost, stolen and faulty e-tags passes to you. Even though this risk and responsibility passes to you, we will replace, for free, any e-tag that is faulty. However, you will have to pay for a replacement e-tag if:
a. The instructions for fitting the e-tag have not been followed; or
b. The e-tag is faulty and the fault was not caused by us or the manufacturer, importer, distributor or retailer of the e-tag.
If you lose an e-tag, or if a motor vehicle that is fitted with an e-tag is lost or stolen, you must report this to us as soon as reasonably possible after you find out about it.
You must give us the proof we reasonably ask for.
We will not charge you for e-toll transactions related to that e-tag which happen after it was lost or stolen as long as the following two conditions are met:
a. You report to us that the e-tag is lost or stolen as soon as is reasonably possible; and
b. You give us the proof we reasonably ask for as soon as is reasonably possible (for example, a police case number if the e-tag is stolen).
If you do not meet the two conditions set out above, we will still not charge you for e-toll transactions related to that e-tag as long as the e-toll transactions happen after the time that you report to us that the e-tag was lost or stolen.
We will charge you to replace the e-tag if it is lost or stolen.

4. Limits to our responsibility arising from e-tags
As far as the law allows, including as far as is allowed by section 51 of the Consumer Protection Act, we and our representatives are not responsible for any loss or damages you suffer because of lost, stolen or faulty e-tags. This does not limit our responsibility to replace, for free, any e-tag that is faulty where the fault was caused by us or the manufacturer, importer, distributor or retailer of the e-tag.
In ‘3. Lost, stolen or faulty e-tags’ and ‘4. Limits to our responsibility arising from e-tags’ above:
a. Our responsibility to you and our risk are limited; and
b. Our representatives’ responsibility to you and our representatives’ risk are limited; and
c. You take on the responsibility and risk of a lost or stolen e-tag; and
d. You take on the responsibility and risk if the e-tag was not fitted according to our instructions or if the e-tag is faulty and the fault was not caused by us or the manufacturer, importer, distributor or retailer of the e-tag.
An example of the type of risk you take on is that we might not be able to recognise the e-tag when you pass under an e-toll plaza so you might be responsible for a higher toll tariff.
These are not the only risks or responsibilities.
This also means the rights and remedies you have against us are limited.You also do not have a claim against us for loss or damages:
a. If you suffer loss or damages because of the use of an e-tag; or
b. If the e-tag is lost, stolen or faulty (depending on the cause of the fault); or
c. If the e-tag is abused or is faulty because it was not used according to our instructions.
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So SANRAL admit that the system may bill you incorrectly but they are not responsible.
I can't wait till the idiots who sign up for e-tags are billed incorrectly.
 
Jola said:
And if you don't register an account, but buy a day pass ?

BTW that part of the website does not work yet.
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Hmm. Day pass doesn't have an account, so probably no "contract" to accept? Not sure.
 
Jola said:
And if you don't register an account, but buy a day pass ?

BTW that part of the website does not work yet.
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I've also been keeping an eye on that link.
If it's not live by Tuesday then the only option for people living outside of Gauteng to purchase a day pass is by giving them one's credit card details over the phone. Not going to happen!
 
Wyzak said:
But then it won't be functioning, so you might as well not have it in the car... Not sure where you are trying to go with this.
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You can.
If you have an etag and pay within 7 days you qualify for the etag discount, even if your account isn't registered. Or something.
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So if u have an account, but no e-tag and pay within 7days do u get the full discount?
 
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