What you should know about getting e-tagged

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reactor_sa

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Deon Botha(B.Jur&LLB)
Our Ref: D. Botha/jb/
Ons Verw
Your Ref:
U Verw:
11th April 2012
E-TOLLING – GENERAL COMMENTS
This communication is not a legal opinion in any way whatsoever and only forwarded to
yourselves for comment and for further discussion.
As you are all aware, motorist in Gauteng will be paying “toll fees” for the use of the new
upgraded Gauteng freeways, to fund the Gauteng freeway development project.
Instead of motorist being billed monthly and receiving a statement for the usage of the E-Toll
roads and which usage is linked to your motor vehicle license plate number (VLN), Sanral is
currently pushing and encouraging motorist to rather purchase an E-Tag and to register as an ETag user, or to register as a VLN user.

In return for purchasing and registering as a E-Tag user / VLN user they promise that motorists
may then qualify and be entitled to discounts, be categorized as either a E-Tag user or a
registered VLN user to be entitled to discounted tolls. Should you elect not to register with
Sanral, you will however not be entitled to any discounts or lower tariffs.
At first glace and when comparing the normal toll rates, to that of the discounted toll rates when
you elect to register, the normal and reasonable uninformed motorist would be guided only by
the discounts when signing up for registration.In#Association#with:##H.P.#Van#Nieuwenhuizen#(B.#Jur#LLB)#
After perusal of Sanral Terms & Conditions however, and which must be signed prior to
registration, you will immediately note that the advantages of registering as an E-Toll user is
very limited and comes with various onerous and one sided terms and obligations favoring only
Sanral. Many clauses in their terms and conditions are being viewed by ourselves as well as
other institutions as being either unlawful or in contravention of the Consumer Protection Act.
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Part 1 of 3​
 
<...continued>
DISADVANTAGES FOR MOTORISTS WHO ELECT TO REGISTER AS AN E-TAG
OR VLN USER
1. The discounts promised, and categorization as a registered E Tag user will not apply
to all toll roads.
2. The onus is placed on the registered E-Toll user to establish their user categorization
and/or the tolls applicable to a specific E-Toll road. The motorist can obtain the
information from Sanral website.
3. A motorist who registers and thereafter fails to comply with any of Sanral’s
prescribed terms and conditions, will be deemed to be an E-Road violator and their
account can be referred to a collection agency called “Violations Processing Centre”
which is a division of Sanral itself. (See paragraph 2 of Sanral terms & conditions).
4. Motorist who register will be billed and will be liable for toll transactions recorded
according to the user VLN or E-Tag.
5. Motorist who register agree and understand that their liability to incur toll when the
motor vehicle passes a tolling point and that the amount of toll is calculated with
reference to the tolling point and not with reference to the KM traveled before the
user reaches the tolling point.
6. Motorist who register are given 3 payment options for topping up their E Toll
accounts namely, Pre-Paid Accounts, Manual Top Up Payments, Automatic Top Up
Payments, all associated with the risk taking into account that you are contracting
with a wholly owned State Company where corruption is at the order of the day.
7. Motorists who register further agrees and undertakes to ensure at all times that there
is sufficient funds in the E-Toll account and should you fail to make sufficient
payments into your E-Toll account will give Sanral the right to hand over your
account to VPC for collection purposes.
8. Motorists who register and who elect to link their E-Toll account to a credit card bank
account, debit card further authorizes Sanral to:
a. debit the motorists account to fund the E-Toll account for Toll fees incurred when
raised;
b. undertakes to ensure that sufficient funds are available in the account;
c. places the duty on the motorist to notify Sanral of bank account detail changes.
9. A registered motorist undertakes and agrees to settle all E-Toll transactions within
any period required by Sanral.
10. Should the registered motorist fail to make payments when required to do so, Sanral
will have the right without notice to the motorists to suspend the motorist account, to
red list the E-Tag and to hand the account over for collection to VPC.
11. The registered motorist further agrees that failure to make payment in respect of an EToll transaction in terms of the terms & conditions may result in criminal proceedings
against themselves.In#Association#with:##H.P.#Van#Nieuwenhuizen#(B.#Jur#LLB)#
12. By registering the motorist agrees and understands that a statement of charges will be
available on the E-Toll website for download and that should hardcopies be
requested, that Sanral will have the right to charge for furnishing such copies.
13. Registered motorists agree that any payment made to Sanral will be utilized against
the oldest charge to the most recent.
14. Registered motorist E-Toll account will be suspended if not used for a period of 12
months and will have to be reactivated. (at a charge).
15. Registered motorist agrees further that Sanral will not be held responsible for any loss
or damage a motorist may suffer as a result of incorrect banking details being
provided by the user and captured by Sanral except for instances where Sanral or its
agent acted with gross negligence.
16. Registered motorists agree to be liable for additional fees and attorney charges which
may be incurred by Sanral in the collection of outstanding E-Toll amounts.
17. Registered motorists further consent to the onerous provision that it will be deemed
that the fees charged by Sanral are correct and the onus is placed on the motorist to
prove that such charges are incorrect.
18. Registered motorists will not be provided with a receipt when they proceed through
the tolling point. A tax invoice may however be requested but then at the expense of
the motorist.
19. By registering for an E Tag account the onus is placed on the motorist to change the
motor vehicle details linked to the E Toll account when you lose possession of the
vehicle or where ownership in respect of the vehicle is transferred to a third party.
Failure to do so will mean that the motorist will remain liable for any E-Toll charges
incurred.
20. By registering the motorist acknowledges and accepts that by purchasing an E Tag
and registering same does not in itself necessary result in a valid passage on an E Toll
Road and that you may be prevented by Sanral to continue driving on the E Road.
21. By registering, the motorist agrees and accepts that Sanral will be entitled and without
notice to the motorist to suspend an E Toll account and to Red List an E Tag, for
failure of any of Sanral terms & conditions. Should the motorist later prove that there
was no transgression of Sanral terms & conditions, they will have no claim against
Sanral as in terms of the agreement such claims are waived by the motorist in favor of
Sanral.
22. Whilst ownership in the E Tag and E Tag holder remains the property of Sanral the
risk of loss, theft or damage passes to you upon delivery.
23. By registering, the motorist irrevocably authorizes Sanral or its duly authorized
agents to obtain from any institutions where they may have an account or any
credit bureau any information concerning themselves.
24. By registering the motorist further acknowledge and accepts that Sanral may
unilaterally update and amend their terms & conditions and that the motorist
has consented to such amendments and has agreed to abide by such amended
terms & conditions.
25. By registering for an E Tag, the motorist is affording Sanral a blanket indemnity for
any wrong doing, loss or damage that the motorist may have suffered by using the E
road.
26. A registered motorist further agrees to an unlawful provision in consenting to the
jurisdiction of the Magistrate’s Court of Pretoria in respect of all matters arising out
of the terms & conditions. In#Association#with:##H.P.#Van#Nieuwenhuizen#(B.#Jur#LLB)#
A copy of Sanral terms and conditions is attached hereto for your ease of reference.
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Part 2 of 3​
 
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<...continued>
ADVANTAGES FOR MOTORIST WHO ELECTS NOT TO REGISTER AND RATHER
PAY THE NORMAL TOLL RATE TARIFFS
1. Motorist will be billed for the use of the E Toll, without automatically being liable for
such use, in the event of receiving incorrect readings from Sanral, theft, cloning of
number plates, or the cloning of a motorist personal information etc
2. The onus will be on Sanral to prove that it was the motorist’s vehicle that traveled the
recorded distances.
3. Payments will be made and effected by the motorist into a Sanral bank account.
4. Sanral’s collection division (VPC) will have no jurisdiction over non registered
motorists.
5. Motorists will be entitled to monthly statements without any charge.
6. Motorists would be entitled to dictate how payments be allocated in respect of Toll
road usage.
7. Motorists who do not register would not automatically be liable for additional fees or
attorney charges.
8. The onus remains on Sanral to prove that the fees charged and for which the motorist
is debited are correct.
9. Until an exemption notice is published motorist will be entitled to a receipt when
paying for E Toll road usage.
10. In the event of a dispute with Sanral regarding outstanding charges, Sanral will not
have the right to prevent the non registered motorist from continued use of the E Toll
road.
11. Losses suffered by non registered motorist can be recovered by way of civil action.
12. Sanral will not have the right to have access to any private information of a non
registered motorist.
13. Sanral will not have the right to amend any terms & conditions without the motorist
agreeing to such amendments.
14. In the event of litigation, Sanral will have to issue a civil Summons or proceed
criminally against the motorist in terms of the Criminal Procedure Act and will be
forced to litigate against the motorist in a Magistrate’s Court who has jurisdiction
over that motorist. (It is unlawful to consent to the jurisdiction of a specific
Magistrate’s Court).

The above comment is made and must be read in conjunction with various sections of the
National Credit Act, and the Consumer Protection Act. Should you have any further queries
please do not hesitate to contact writer hereof.

Yours faithfully
Deon Botha
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Part 3 of 3​

source: received via email
 
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I think everyone should get the number plate of the CEO of Sanral, clone it, and drive through the e-toll gates, just for a day. Then remove the number plates (so as to avoid them being persecuted)

It would be rather funny to see what the headlines would read
 
this kind of stuff needs to go more public and be published in newspapers etc., it doesn't help that only those of us that have email and internet access gain this kind of information
 
reactor_sa said:
Well the document says April 11 2012 so I take it they current. Either way I feel safer knowing I haven't signed my life savings over to sanral...
Click to expand...

A piece of info that would have been far more valuable had I read it BEFORE the latest T&C :)

Argh - what a crap document! I have a headache from reading their bile! Anyways, from above and the crap I just read, seems it is the latest SO... I did my calculations:

Buy eTag, do my average weekly routes, spend about R50. Don't buy, spend up to 4x that (if latest bull is correct!) when (if) I finally get billed.

Use back roads, no eTag, only use highway where unavoidable, spend around R80 a week (if of course billing works).

For an extra R30 per week, hello back roads and FU etolling!

....because they gotta get that R80 out of me first. Register, and they are guaranteed R50/wk
 
You basically sign your life away....and any rights you might have had.

Crazy & insane.
 
Ol' Mean Bastid said:
this kind of stuff needs to go more public and be published in newspapers etc., it doesn't help that only those of us that have email and internet access gain this kind of information
Click to expand...

Lol, on the way home I passed them sanral agents at the linksfield offramp and was thinking maybe I should print a few copies of this document and join them - with the truth! Its only 2pages double sided, can't be too expensive right? Maybe I email a few of you the file, we all print a few copies and hand them out at intersections near us or at the mall?
 
reactor_sa said:
Lol, on the way home I passed them sanral agents at the linksfield offramp and was thinking maybe I should print a few copies of this document and join them - with the truth! Its only 2pages double sided, can't be too expensive right? Maybe I email a few of you the file, we all print a few copies and hand them out at intersections near us or at the mall?
Click to expand...

works for me, just delete the lawyers details or else get permission, I'm willing to do it
 
Ol' Mean Bastid said:
works for me, just delete the lawyers details or else get permission, I'm willing to do it
Click to expand...
:) This mail got out already, it was initially sent to a few people, and one of them thought it was a good idea to maybe send it to his/her friends. ... now it is viral.
 
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