The Gauteng E-tolling Thread

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JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE

TO: ALL NEWS, CRIME & TRANSPORT EDITORS
DATE: 2014/05/26
SUBJECT: CEO of a private company threatens “on-road enforcement” over e-tolls

JOHANNESBURG – Exactly two weeks after the Department of Transport published a Government Gazette extending “discounts” on e-tolls to 30 June, the CEO of Electronic Toll Collection (ETC), the firm that runs the South African National Roads Agency’s (SANRAL) Gauteng e-toll system, Jamie Surkont has allegedly levelled threats of “on-road enforcement” over e-tolls, calling it a “precursor to prosecution”.

This also comes just days after SANRAL went to great lengths to deny claims that motorists were being stopped by Metro Police and taken to task for not having e-tags.

If this “on-road enforcement” is going to take place and target those with false, cloned, obscured, altered or missing number plates, that is one thing and it’s fully within the law. It would also be fully within the law to issue fines for missing licence discs and arrest persons who have a fraudulent licence disc, fraudulent number plates or no number plates provided that where there are no number plates – the motor vehicle is not a motorcycle. The AARTO Act contains charges for:

1. Motor vehicles other than motorcycles and trailers that only display 1 number plate – R500 fine (charge code 1210);
2. Motor vehicles other than motorcycles and trailers that have no number plates – Arrest and prosecution in court (charge code 1211);
3. Motorcycles that have no number plate – R500 fine (charge code 1231); and
4. Trailers that have no number plate – R500 fine (charge code 1232).
5. Failing to affix a licence disc carries a R500 fine; and
6. Affixing a fraudulent licence disc is a criminal offence where arrest and prosecution in court will follow.

If however it is going to be used to stop those who have not paid e-tolls and “escort them to a customer service centre to pay” as has previously been mooted, then this will be fully illegal and tantamount to kidnapping and extortion.

Traffic Officers may indeed serve a summons in terms of Section 54 of the Criminal Procedure Act on the person driving the vehicle but they will have to make certain that:

1. That person is the registered owner cited in a “rollup” summons; and
2. The court date cited on the summons is no less than 14 days away (Sundays and public holidays excluded).

They MAY NOT:

1. Issue and serve such summons on the driver of the vehicle who is not the specific person cited in that summons;
2. Detain the driver until such time as the person cited in the summons comes to be served the summons;
3. Issue a summons in terms of Section 56 of the Criminal Procedure Act on the driver citing driving on the freeway on the day they stop them since they have seven days to pay; or
4. Arrest anyone without a lawful Warrant of Arrest.

Stopping motor vehicles that have outstanding e-tolls against the licence number will be a hit or miss situation since a large proportion of vehicles are driven by people other than the registered owner.

Whilst it may have become a tradition for private companies contracting to State institutions to threaten criminal prosecution – it is not their place to do so and Surkont calling this a “precursor to prosecution” is utter rubbish and shows his lack of understanding of the Criminal Procedure Act. ETC should stick to running the e-tolls system and sending out “unauthorised test emails” containing threats to motorists so Vusi Mona and company have something to deny and leave the Criminal Procedure Act and traffic policing to those who know how it works.

Bemoaning the eNaTIS registry as being “inaccurate” when legislative amendments were drafted and put out for public comment on 8 June 2012 (Government Gazette 35413 – Notice 458 of 2012) wherein regulation 32A was to be inserted into the National Road Traffic Regulations, requiring vehicle owners to provide proof of residence with licensing transactions is somewhat disingenuous.

The Department of Transport has had almost two years to proclaim this provision and to date, it has not done so. Instead, it forged ahead with e-tolling and the legislation surrounding it, knowing full well that eNaTIS is a mess. Perhaps it did so because it either thought everyone would buy into e-tolling and get tagged, or perhaps it thought that threats of stopping people on freeways and escorting them to “customer service centres to pay” would scare people sufficiently. Whatever their thoughts process was, the fact remains that this amendment could have already been in force for more than 18 months now and yet, they have chosen bullying over a practical solution.

This says a lot for the ethos of both, the Department of Transport and SANRAL. The fact remains however that if these “on-road enforcement” exercises deviate just a little from the provisions of the Criminal Procedure Act, the Gauteng Department of Community Safety, The Gauteng Provincial Government, SANRAL, the Department of Transport and ETC are all going to be sued blind by motorists who are abused by them.

It must be noted that JPSA and others warned SANRAL that the eNaTIS registry is a mess a long, long time before e-tolling commenced and Nazir Alli and others chose to poo-poo us in no uncertain terms. Just like when we warned them about the eNaTIS mess at that time, we are warning them about the massive civil claims they risk incurring if they proceed with their poorly thought out “on-road enforcement” exercises. We have been proven right about our assertions on the eNaTIS issue and we will be proven right on the “on-road enforcement” exercises if SANRAL and others choose to again ignore our warnings. Trust us when we say that we will do everything we can to ensure that they do get sued blind if the deviate from the law.

Members of the public are warned that paying an admission of guilt fine on a summons issued in terms of Section 54 or Section 56 of the Criminal Procedure Act is equivalent to pleading or being found guilty of the offence in court and will incur a criminal record for them. JPSA issued an advisory in this regard on 28 March 2014 because people are under the false impression that these are mere traffic fines and paying them is both, the right thing to do and a time-saving option available to them. At best, this is a very foolish thing to do if anyone intends applying for a travel visa or a job.

Clearly, there are people who are of the opinion that it is far more important to enforce e-tolls legislation than it is to enforce other road traffic laws which, when disobeyed, lead to the death or serious injury of hundreds of thousands of people on an annual basis in South Africa. According to the RTMC, approximately 14,000 are killed and according to the Road Accident Fund, more than ten times that many are injured on our roads annually.

It is clear that another “cash cow” other than speeding has been identified for so-called traffic enforcement authorities in South Africa and those injured and/or killed on our roads are nothing more than “collateral damage” in the pursuit of money from motorists.

ENDS

Best Regards,

Howard Dembovsky
National Chairman - Justice Project South Africa (NPC)
Association Not For Gain | Incorporated as a non-profit company under the Companies Act, 2008 | Registration Number 2010/019972/08
 
what? the final statement? probably not - article leaves me cold..... take me to court (and all the others)
 
UserZ said:
http://www.moneyweb.co.za/moneyweb-south-africa/etoll-operator-plays-good-cop-bad-cop
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Evidence of time travel:

Author: Antoinette Slabbert|
04 June 2014 00:07
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Jamie Suurkont, CEO of e-toll operator Electronic Toll Collection (ETC) has [highlight]vowed[/highlight] to [highlight]treat his customers[/highlight] better – but only those who want to [highlight]engage[/highlight] with him and his team.
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What's this about vows and engagement? Get thee hence sourpuss.

The e-toll system has been designed to [highlight]treat a customer[/highlight] in either the Transaction Clearing House (TCH) or the VPC and the training approach was the same, says Surkont.
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That Transaction Clearing House must be quite a desolate place with very few sane inhabitants.

Sourpuss thinks his prisoners are sick and need the ETC cattle prod treatment.
 
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Still haven't received any invoice from them, never mind a final invoice. My ENATIS info is valid albeit incorrect (tried to update it unsuccessfully at the DMV)

I think SirKont should think about changing his surname.
 
AFAIK these stops were to check for unregistered and duplicate vehicles - nothing to do with e-tags, but it shows that they have a concern that they will see their @sses in court with all the duplicates going around
 
Bundu said:
AFAIK these stops were to check for unregistered and duplicate vehicles - nothing to do with e-tags, but it shows that they have a concern that they will see their @sses in court with all the duplicates going around
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SANRAL has ZERO jurisdiction to check for this, why the e-toll trucks then?
 
The cracks are turning into canyons. Keep up the pressure.
http://www.iol.co.za/news/south-afr...-to-reconsider-e-tolls-1.1703730#.U51asflHKE4

Johannesburg - Moves are afoot to possibly scrap the use of e-tolls to fund the cost of building highways in the province in the future.

And although the idea has not yet been completely canned, initial indications are that the Gauteng government has heeded the dissatisfaction of motorists.

Gauteng Transport MEC Ismail Vadi told The Sunday Independent this week that they were taking a “second look at the matter”.

“We have had long discussions in the ANC Gauteng and in government. Phase one is done and we are working towards settling the debt. There is still dissatisfaction with the funding model. We are taking a second look at the matter,” said Vadi.

Just over 35 percent of road users who drive through gantries are paying their bills.

According to Transport Minister Dipuo Peters, less than 10 percent of the R543 million invoice that was transferred to the SA National Roads Agency Limited’s violations processing centre was recovered.

Vadi said that while there was a need to expand and upgrade our road infrastructure and expand our road network “for future infrastructure funding, we are looking at what our other options are”.

“E-tolls still remain a valid option but there are also discussions about a provincial fuel levy or a provincial tax or shadow tolling.”

He said the government would not scrap the e-tolls as it still considers them an important infrastructure.

Vadi’s statements come as Sanral’s publicised figures of having sold 1.2 million tags are undergoing independent auditing.

“There will be no review of phase one of the Gauteng Freeway Improvement Project. Those are fantastic highways which have done wonders in easing traffic congestion but for phase two we will look at our options.”

Vadi is the only MEC who was retained in the same portfolio.

It means that things such as the Integrated Transport Master Plan 25 (ITMP25) – one of the brainchildren of his last term as transport MEC – are still on the table.

The ITMP25 is an ambitious 25-year transport plan which proposes a redesign in the public transport system.

In this plan rail will become the most important form of public transport in the long term, followed by the BRT system, then secondary buses and taxis within the municipalities.

“It was formally approved as the policy document of the Department of Transport and now the plan is to break down the 25-year plan into five-year workable units to look at what we focus on in this administration,” said Vadi.

His immediate game changer, as he calls it, is to get public transport on a better footing.

In Joburg the first two phases of the Rea Vaya have already been rolled out. Tshwane is in the construction phase of its A Re Yeng bus system while Ekurhuleni is still lagging behind and has just launched its project.

The first real roll-out in Ekurhuleni will only be evident in 18 to 24 months, said Vadi.

“It is a vast BRT network and it will give us a great footprint in public transport.”

He said the department had learnt many lessons from the first bus rapid transport system in Joburg, which experienced several delays.

One of the most important was that effort must be made to get a buy-in from the taxi and bus industries as there is a better chance to avoid conflict.

“The second phase launched with no problems and the indications are that up to 30 000 people are using the system, said Vadi.

Negotiations are under way on the next phase, 1C – Joburg Sandton, Alex – a route that has been plagued by taxi-related violence for many years.

Vadi is in no way oblivious to the violence that has gripped the industry but he believes there should be significant change in the way the taxi industry operates.

“They provide a vital service – 55 percent of commuters use the taxi industry. It may have been higher in the past but there is a declining ridership. They need to consider their business model.

“They need to professionalise and operate on scheduled times and shorter distances. We see a growing but more structured role for them,” he said.

Vadi’s aim is to start engagement with the industry in the next two years. The only challenge, he says, is that there are 180 taxi associations, showing how fragmented the industry is.

“I can’t negotiate with 180 taxi associations.”

In line with the Passenger Rail Agency of South Africa’s (Prasa) rolling stock fleet renewal programme, Gauteng is also placing a strong emphasis on revitalising the Metrorail service – a system that the bulk of the working people in the province use.

Although Vadi was hoping to have the rolling stock purchased at the beginning of next year, Prasa has recently indicated that the rolling stock will only be purchased at the end of next year.

“It has not happened fast enough. I am a bit concerned about that and will be meeting with Prasa to get a sense of urgency. There are a lot of challenges.”

The Metrorail network is outdated and suffers from many problems said Vadi, including cable theft.

There was also the future expansion of the Gautrain by a east-west line.

“The department is currently busy with a pre-feasibility study. Once that is approved, the funding will need to be secured. We are hoping to get this in this administration,” said Vadi.

Like the first Gautrain project, it will take 10 years to complete.

But Vadi pointed out that it was not a given that the train would be a Gautrain.

“The feasibility study may establish that a medium-speed train like the Gautrain is not needed and what is needed is a light-speed train. But the feasibility study will reveal that. The outcome is expected in the next 12 months.”

The good news for Gautrain users is that service hours are being extended – from 5am to 9pm and although fares during peak hours are on the increase, passengers using the train during off peak hours will see their fares reduced by 30 percent.

Vadi also hopes schools will start using the Gautrain on excursions. By far his most ambitious programme is Airport City, which he is planning around the OR Tambo Airport.

A draft master plan is already in the making at the Ekurhuleni municipality, which will see a new city in a 25km radius around the airport.

The key nodal points for the city would be Tembisa, Rhodesfield,and Kempton Park going on to Alberton and nearly reaching Joburg.

“If I told you 40 years ago, Midrand would be a new city, you would have laughed at me. But look at the pace of development between Midrand, Centurion, Pretoria and Johannesburg now.

“There is a lot of business and residential development. It’s not inconceivable if you put in the infrastructure, the development will follow that path.”

According to Vadi, if the last century was about highways, the next one is about airport cities.

The way he sees it is that the current plans will lay the foundation for the province’s 25-year project.

Sunday Independent
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Good news! Keep up the fight. Hopefully the 35% paying customers will join the fight soon.
 
VADI STATEMENTS CONFUSING: DUVENAGE

Recent statements about e-tolls reportedly made by Gauteng transport MEC Ismail Vadi, while positive, are causing confusion, the Opposition to Urban Tolling Alliance (Outa) said on Tuesday.

"In the statement made by the Sunday Independent... Vadi suggests that e-tolls should be replaced by more efficient user pays mechanisms," Outa's Wayne Duvenage said.

Vadi's reported suggestions included a regional or national fuel levy, a provincial tax, or shadow tolling.

Outa largely agreed with these views, with the question now being whether the provincial government and the SA National Roads Agency Limited (Sanral) were in step with one another.

"The obvious question is, does Sanral concur with the messages from MEC Vadi?" he said.

"If so, does this mean there is a half-pregnant approach to the ill-conceived e-toll plan."

The Sunday Independent reported the Gauteng government was taking a second look at e-tolls as a funding source for building highways in the province.

"We have had long discussions in the ANC Gauteng and in government... There is still dissatisfaction with the funding model," Vadi told the newspaper.

"We are taking a second look at the matter."

He said the government was also looking at settling debt in the e-toll system.

The Sunday Independent reported just over 35 percent of drivers passing the gantries were paying their bills and that according to Transport Minister Dipuo Peters, less than 10 percent of R543 million in unpaid bills was recovered.

Vadi said, however, government would not scrap e-tolls as it was considered important infrastructure.

Duvenage said if e-tolling was being questioned and seen as ineffective the entire scheme should be set aside until a more efficient and equitable solution was found.

"Every day the fiasco continues is a burden to society," he said.

He reiterated a call made by the Congress of SA Trade Unions on Friday, who hoped President Jacob Zuma would announce the scrapping of e-tolls in his state-of-the-nation address, to be delivered in Parliament in Cape Town on Tuesday evening.

Outa's updated e-tag figures also showed less than 40 percent of vehicles in the province had e-tags.

"Outa continues to encounter a stream of public and businesses concerns about how the cost of e-tolls will push them into a negative cash situation," Duvenage said.

"In essence, the tolling of social and economic infrastructure is becoming detrimental to the well-being of this country's economic hub."


Source : Sapa /aw/jk/jje
Date : 17 Jun 2014 10:42
 
...He said the government was also looking at settling debt in the e-toll system...
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What does this mean? Has SANRAL given up on collecting the debt and govt will now cover it, or what?
 
Bernie said:
What does this mean? Has SANRAL given up on collecting the debt and govt will now cover it, or what?
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Unlikely. They will fight tooth and nail to collect that outstanding consumer debt, even if government decides to pay off the remaining SANRAL debt. Still a long way from this happening, so best thing to do is to just ignore all the invoices as we've been doing all along. That's if you're lucky enough to receive one. Still haven't received a single invoice.
 
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