Received AARTO notice from JMPD while driving a company vehicle...

munky82

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Jun 29, 2010
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191
So I received an AARTO notice driving a company vehicle. I drove 106 in a 80km zone. This was on the M2 near the Selby off-ramp in Joburg.

The JMPD, seeing that it is a company vehicle decided that R3000 is a fair amount, but they were gracious enough to discount it to R1500. That is a fair chunk of my salary that will be deducted on my next paycheck.

Problem is, just like the JMPD continues to do, the notice was sent via normal surface mail instead of the LEGAL registered mail.
I made my managers aware of this fact and as on AARTOfacts.co.za and I am willing to do the whole AARTO 7 and 8 forms. They want to ignore it and pay the fine and deduct it from my salary. As stated on AARTOfacts this is illegal, but I am being pressured "to just pay the fine". The argument is that I broke the law and that is that. I told them despite this, that the implementation of the law by JMPD is unlawful and thus must be disputed... but "just pay the fine". Obviously I don't want to make too much waves at work and risk blackballing or something similar/worse, yet R1500 is money I can't really afford.

Fair is fair, if the fine was a "legal" amount instead of the "company tax" JMPD enforces when they see a marked vehicle, I would pay the fine. To put it in perspective: A couple of months ago I drove 98km/h in a 80km/h zone on the M1, the fine? R250 discounted to R125. For the same offence just 8km/h faster: R3000/1500. Seems ridiculous...
 

Sinbad

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Jun 5, 2006
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It's not about the vehicle being marked. It's about it being registered to a company. Because companies can't get demerit points they get triple fines.
Yes the sending of fines by surface mail is illegal, but the fine itself is valid I assume, so it's probably better just to pay up. I don't see how you can argue for a fine to be dismissed when you obviously broke the law. Be aware that if you try to fight it and lose (you will) the discount will fall away.
 

munky82

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Jun 29, 2010
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It's not about the vehicle being marked. It's about it being registered to a company. Because companies can't get demerit points they get triple fines.
Yes the sending of fines by surface mail is illegal, but the fine itself is valid I assume, so it's probably better just to pay up. I don't see how you can argue for a fine to be dismissed when you obviously broke the law. Be aware that if you try to fight it and lose (you will) the discount will fall away.
If you go aartofacts.co.za (http://www.aartofacts.co.za/ssm.asp), you will see that complying to the notice is not lawful. If my company deducts the fine from my salary, that is not lawful either, because the amounts charged are illegally high.

It also makes sense: If I speeded at 98km/h in an 80 zone and the fine was R250 (all values does not include "discounts"), and I speeded 106km/h in an 80 zone, that fine can't be R3000. Even if they do the 3x rule because of demerit points, the fine should still be max R750. Granted the next speedband could increase the fine, but even if the next speedband is double we are still looking at R1500, not R3000. This is unreasonably high. It seems to me that the JMPD is exploiting the fact that companies will pay fines regardless, and if their employees must cough up it is a uphill battle, because they have to confront 2 parties (one which employees them), instead of one if they query it.
 

Sinbad

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I think the bands are 5km/h. So your two fines are 2 bands apart.
So 250-500-1000 is how it goes if I remember right? On my phone so not going to try web browsing?
110 would have been 1500. 120 would be NAG. Your license is supposed to be suspended at 110 as well...
 

milomak

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May 23, 2007
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i can see both your point of views. In essence your company wants to do the right thing. You are trying to escape on a technicality. The thing is, though the ticket hasn't officially been issued, you have acknowledged the offence to them and they probably just don't want any hassles seeing as the ticket could be issued legally at a later date and then they would have to oblige the laibility. and you may not be there at that time. perhaps work out a plan with your company on how they deduct the cash rather than it being in one go.
 

milomak

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If you go aartofacts.co.za (http://www.aartofacts.co.za/ssm.asp), you will see that complying to the notice is not lawful. If my company deducts the fine from my salary, that is not lawful either, because the amounts charged are illegally high.
this is interesting. so they have pulled this triple the amount out of their arses and is not prescribed by aarto? jmpd never ceases to amaze me.
 

Type RSA

Expert Member
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Aug 31, 2011
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I got a fine for doing 112km/h in a 80km/h zone not too long ago and the total amount was R1250 (had to pay R625) so R3000 seems a bit high and they are raping the companies :)
 
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