The Gauteng E-tolling Thread

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Taxi company cries foul over e-toll exemptions delay

Taxi organisation, Santaco, says a delay in the issuing operating licences, means its members aren't benefitting from their e-tolling exemptions.

The challenge we have is that we are exempted and when we go to government to get an operating licence, they are unable to produce that, so it’s a bit of a contradiction.

Taxis and buses don't have to pay, if they register with Sanral but they require licensing permits first.

Santaco says it wants to comply with the requirements to be exempted from e-tolls but the taxi organisation says government is making it difficult, with only half of their vehicles having registered so far.

"The challenge we have is that we are exempted and when we go to government to get an operating licence, they are unable to produce that, so it’s a bit of a contradiction. But generally if they accept that there are those challenges on their side, and they allow us to register all our members so that they can benefit from this exemption," said Nkululeko Buthelezi, CEO of Santaco.

While Santaco is relieved that its members don't have to pay for e-tolls, many of its drivers say they weren’t aware that they have to register in order to be exempted.

The Gauteng department of transport says the dispute around the issuing of operating licences will be heard at the High court in Johannesburg next week.

-eNCA
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http://www.enca.com/south-africa/taxi-company-cries-foul-over-e-toll-exemptions-delay
 
Garyvdh said:
And then you could sue them in turn for false arrest/kidnapping. They are a private company. They cannot arrest you.
They have to get the police to arrest you.
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Nope:

SANRAL Act:

Law enforcement on national roads
54. (1) The Agency may authorise any of its employees to take steps on a national
road or any other property of the Agency, in the manner and on the conditions as
prescribed, with a view to preventing any offences created by this Act, any other
contraventions thereof and any offences in terms of the road traffic and the road safety
laws being committed on the national road or other property.
(2) Such an authorised employee will have the powers of arrest and detention
conferred on a peace officer in terms of Chapter 5 of the Criminal Procedure Act, 1977
(Act No. 51 of 1977), with regard to any person who, on a national road or the property
mentioned in subsection (1), has committed any offence referred to in that subsection in
the presence of the authorised employee or who is suspected by the authorised
employee, on reasonable grounds, so to have committed such an offence.
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blunomore said:
Section 2(9) of the CPA:

(9) If there is an inconsistency between any provision of this Act and a provision of any Act not contemplated in subsection (8)—
(a) the provisions of both Acts apply concurrently, to the extent that it is possible to apply and comply with one of the inconsistent provisions without contravening the second; and
(b) to the extent that paragraph (a) cannot apply, the provision that extends the greater protection to a consumer prevails over the alternative provision.
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Interesting - probably means that the higher rates are illegal !
 
2012 said:
Unacceptable, our postal services should be working 100% (which is slow at best...) and the contents and intentions of the mail being delivered should not be a factor.
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Unacceptable that government instead of working 100% for the people (instead of enriching themselves) would allow Sanral to scam us with e-tolling and Zuma to rape public funds for his mansion.
 
evilstebunny said:
Unacceptable that government instead of working 100% for the people (instead of enriching themselves) would allow Sanral to scam us with e-tolling and Zuma to rape public funds for his mansion.
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That is the true ANC colours for you. I hope more people than ever are waking up to this fact. The ANC are no good for this country and every year longer they remain in power we take several steps backwards.
 
blunomore said:
Section 2(9) of the CPA:

(9) If there is an inconsistency between any provision of this Act and a provision of any Act not contemplated in subsection (8)—
(a) the provisions of both Acts apply concurrently, to the extent that it is possible to apply and comply with one of the inconsistent provisions without contravening the second; and
(b) to the extent that paragraph (a) cannot apply, the provision that extends the greater protection to a consumer prevails over the alternative provision.
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Interesting. Does this apply to SOC's?
 
If a Sanral agent wants to arrest me, he had better have a bloody firearm on him.
I know metro/police won't do anything- you can't even get them to enforce current laws.
 
Does anyone remember the stories of approx. 18 months ago about people being pulled over in a SANRAL roadblock?
I am willing to bet good money that was a testing of the waters and they have such a facility which is now going to be used.
 
garp said:
Nope:

SANRAL Act:
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on a peace officer in terms of Chapter 5 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977)
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Well, that's just it. They have to be peace officers appointed in terms of the Criminal Procedure Act.
Regular SANRAL employees are not no matter how many flashy blue lights they put on themselves.
 
Wyzak said:
They aren't. SANRAL SOC (state owned company).
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They ARE a private company... of which the State owns the majority shares.

I still think that fact is going to come back and bite them one day.

Just putting the letters SOC behind their name on their website doesn't change the fact of how the company was incorporated.
 
From the T&C
We record all e-toll transactions electronically. This might include taking photographic
images of motor vehicles using e-roads. We also record certain phone calls to the e-toll
call centre. We may use these records for queries, complaints, disputes, enforcing
these terms and conditions, collecting e-toll, or if the law requires us to.
We keep photographic images for at least 60 calendar days.
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Only 60 days? That's nothing, which means by the time you want to dispute it in court they won't necessarily have any evidence anymore.
 
Garyvdh said:
They ARE a private company... of which the State owns the majority shares.

I still think that fact is going to come back and bite them one day.

Just putting the letters SOC behind their name on their website doesn't change the fact of how the company was incorporated.
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We've had this debate before. SANRAL =/ private company.

SANRAL is incorporated by an Act of Parliament. It is a State Owned Company - which is a particular genus of companies separate from private companies. That Act of Parliament delegates to SANRAL the powers of administration of the road network.

Non state owned profit companies are divided into private companies with the suffix "Proprietary Limited" or "(Pty) Ltd"; and public companies with the suffix "Limited" or "Ltd".

This is company law 101.
 
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