New road rules and 3 other major SA laws approved by Government as it prepares to close for 2018

[BusinessTech]

New road rules and 3 other major SA laws approved by Government as it prepares to close for 2018

As 2018 begins to wind down, the National Assembly and National Council of Provinces has signed off on a raft of new bills.

 

[Neuk_]

I will probably have to start paying traffic fines now.

 

[Purply]

""

• A new demerit system will be introduced. Depending on the severity of the offence, 1-6 points are allocated for offences. If an infringer has more than 12 points, it will result in the disqualification of the driving licence and three suspensions result in its cancellation.

"""

Taxi drivers gone in 3,2,1

 

[Enzo Matrix]

• Failing to pay traffic fines can lead to a block on obtaining driving and vehicle licences, in addition to an administrative fee – in addition to other penalties.
• Where documents previously had to be delivered by registered mail through the post office, in terms of the amendment, authorities will now also be able to serve documents via e-mail and to send reminders via WhatsApp and SMS.
• A controversial change to the bill is that the option for offenders to elect to appear in court to challenge the prosecution has been removed.
• A new demerit system will be introduced. Depending on the severity of the offence, 1-6 points are allocated for offences. If an infringer has more than 12 points, it will result in the disqualification of the driving licence and three suspensions result in its cancellation.

 

[Enzo Matrix]

""

• A new demerit system will be introduced. Depending on the severity of the offence, 1-6 points are allocated for offences. If an infringer has more than 12 points, it will result in the disqualification of the driving licence and three suspensions result in its cancellation.

"""

Taxi drivers gone in 3,2,1

They will just burn sht down

 

[ToxicBunny]

2 parts of the AARTO bill that I see being dragged into court in short order

• Failing to pay traffic fines can lead to a block on obtaining driving and vehicle licences, in addition to an administrative fee – in addition to other penalties.

--- Just having a traffic fine should not be enough to deny a person access to a driving license or vehicle license. Once the fine has gone to court and been judged by a magistrate, then its a different story but this is a process that is already covered by our existing laws.

• A controversial change to the bill is that the option for offenders to elect to appear in court to challenge the prosecution has been removed.

--- This one just seems totally unconstitutional to me... I need to see what the real context is, but on the surface of it I just don't see how it passes constitutional muster.

 

[furpile]

Most people driving around today could not have a license and it would not be any different. There is almost zero enforcement, which is always the problem. We have enough laws.

 

[Barbarian Conan]

Most of the laws seem good, except of course for the two mentioned by toxic.

It does mean that I would have to start paying fines though....

 

[ToxicBunny]

Most of the laws seem good, except of course for the two mentioned by toxic.

It does mean that I would have to start paying fines though....

Nope... still not paying fines until I get a summons or official enforcement order.

 

[MrGray]

"Failing to pay traffic fines can lead to a block on obtaining driving and vehicle licences, in addition to an administrative fee – in addition to other penalties." - Probably wouldn't stand up to legal challenge. OUTA has already established that is not legal to withhold licenses on the basis of unresolved tolls, etc and fines would probably fall under this.

"Where documents previously had to be delivered by registered mail through the post office, in terms of the amendment, authorities will now also be able to serve documents via e-mail and to send reminders via WhatsApp and SMS." - They can deliver them however they want but there will be no way for them to prove that you received them like this so this would probably just fall over in a legal challenge.

"A controversial change to the bill is that the option for offenders to elect to appear in court to challenge the prosecution has been removed." - Unconstitutional, unless all traffic offences will now be considered purely civil issues. Definitely unconstitutional if any of these prosecutions can result in a criminal record without the right to appear in court to defend yourself.

"A new demerit system will be introduced. Depending on the severity of the offence, 1-6 points are allocated for offences. If an infringer has more than 12 points, it will result in the disqualification of the driving licence and three suspensions result in its cancellation." - I won't hold my breath. The famous demerit system has been perpetually imminent since about 1998.

 

[Lew Skannen]

I am concerned with the fact that they have removed your right to challenge a fine in a court of law. This will need to be tested in the Constitutional court.

 

[MrGray]

I am concerned with the fact that they have removed your right to challenge a fine in a court of law. This will need to be tested in the Constitutional court.

Yes, I'm certain that they will uphold the principal that you can't be convicted of anything without the right to defend yourself in a court. But it seems that they're getting around this by "decriminalizing" road offences and because they are no longer criminal offences you don't get a trial BUT the implication of this must then logically be that you can just never pay anything and not worry about ever being convicted of anything. It seems like they're making it more like a civil issue like unpaid debt. At least that's my understanding - maybe a lawyer can weigh in. I can't see how any of that will work out well in the long run though.