Private estates making big money from speeding fines

P924

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Jan 18, 2010
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South African law does not require you to have a licence to operate a vehicle on private property.
South African law states that you may not be breathalyzed on private property you own or have the consent of the owner to use.
The roads are public roads...
 

Ponderer

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Jan 8, 2019
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I am not condoning speeding within a residential area.

I am just surprised that a, private entity can lawfully acquire speed cameras etc & issue fines.

Everything seems to be outsourced in this country. Even the role of the metro police it seems.

Telkom >>Fibre
Public hospital >>private
Public schools>>private
SAPO >>courier
Home Affairs >>Banks
Metro Police >> Private Estates
The only things that actually work in this country are outsourced.
 

RonSwanson

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May 21, 2018
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What some folk do not see is that the estate insurance (mandated by law) demands controls to minimise risk. Speed restriction is one of these controls, and the trustees have to ensure their fair and equitable enforcement, otherwise they will have CSOS on their backs, in addition to the distressed residents when property is damaged and people injured by buckaroo in his BMW.

It's easy to paint a picture of trustees as control freaks, but I do not know any trustee that takes pleasure out of enforcing the conduct rules, it's a tiresome and thankless job. People who prefer living in lawless areas have ample choice, there are plenty of townships available.
 

Fulcrum29

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As long as the speed measuring equipment is within the general operational requirements as established by law, I see no issue with private policing the private roads within a private property. I am quite sure that SANS 1795 would also apply, and that any driver has the right to be provided with the opportunity to inspect the documentation.

I must say, I have never had a healthy relationship with any Body Corporate, some believe they are Street Judges policing their Mega-City One.
 

access

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What's with the **** you attitude?
Have you no respect for others?
respect for others trying to bullshit me, no. you?

umadbro?

They trap in mine all the time.
wheres about are you? is it mobile equipment? can anyone just place them or must it be by a qualified person. how does the public get their hands on certified equipment. im pretty sure some bushnell speed gun bought at an online store is not official.

ive only ever been told i can fined for speeding or reckless driving in a private estate but they had no way of proving it when i asked.
 

vigras rojara

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respect for others trying to bullshit me, no. you?

umadbro?



wheres about are you? is it mobile equipment? can anyone just place them or must it be by a qualified person. how does the public get their hands on certified equipment. im pretty sure some bushnell speed gun bought at an online store is not official.

ive only ever been told i can fined for speeding or reckless driving in a private estate but they had no way of proving it when i asked.
Out in Harties - it's a large estate and I'm 2km from the gate so doing 30 km/h takes some discipline. It is a lazer gun of sorts mounted on a tripod and operated by one of the security staff. I'm pretty sure it's correctly calibrated as I'm sure someone would have queried it by now if it was dodge.

I haven't been caught but my wife has, and I told her to pay up as I know she is inclined to speed a bit on the estate and have warned her that she would be caught. LOL.
 

access

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Out in Harties - it's a large estate and I'm 2km from the gate so doing 30 km/h takes some discipline. It is a lazer gun of sorts mounted on a tripod and operated by one of the security staff. I'm pretty sure it's correctly calibrated as I'm sure someone would have queried it by now if it was dodge.

I haven't been caught but my wife has, and I told her to pay up as I know she is inclined to speed a bit on the estate and have warned her that she would be caught. LOL.
lol ah ok.

so i assume there would be certain guards that have been trained and certified to setup the equipment each time. those things cant just be placed anywhere to point and shoot as far as i know.
 

mikef

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Although the views against speeding in a residential area are admirable, the practicalities and other complications with regards the right of private estates being able to raise speeding fines are dangerous.
As this right only exists between contracting parties, consider the position if a delivery driver exceeds the limit when visiting your house – would you be happy to accept responsibility to pay such fine? What legal right would you have to recover from the delivery driver or his employer (hint – most likely none).

For a good analysis of some of the additional issues I would recommend reviewing the following link:
https://www.insurancechat.co.za/201...gated-communities-sets-a-dangerous-precedent/
 

RonSwanson

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May 21, 2018
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Although the views against speeding in a residential area are admirable, the practicalities and other complications with regards the right of private estates being able to raise speeding fines are dangerous.
As this right only exists between contracting parties, consider the position if a delivery driver exceeds the limit when visiting your house – would you be happy to accept responsibility to pay such fine? What legal right would you have to recover from the delivery driver or his employer (hint – most likely none).

For a good analysis of some of the additional issues I would recommend reviewing the following link:
https://www.insurancechat.co.za/201...gated-communities-sets-a-dangerous-precedent/
It's indeed a good one michelf.
 

TysonRoux

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Aug 7, 2012
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9,587
Don't like it, don't buy in a private estate, and if you chose to buy in a private estate, don't speed.
 

Lupus

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Apr 25, 2006
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You should see some of these Rules :eek: The trustees themselves have no clue what their own ones even are. Quite an eye opener. Serving as a trustee presently, and it is shocking. There is so much that goes on that people shouldn't be allowed to serve as one unless they have a legal degree. Even the managing agents really mess up on the legal interpretations.
So change them, get the rest of the owners involved and amend the rules.
 
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