The Justice Project South Africa (JPSA) said that it has become aware of the fact that members of the public are being refused licence disc renewals for their vehicles, and that misinformation is spread as to why this is happening.
“This misinformation has taken various forms the latest of which is saying that the transaction is being refused on the basis of outstanding e-tolls,” the JPSA said.
Sanral communications manager Vusi Mona previously said that “the required changes to enable the withholding of licence discs for e-toll debt have not been made”.
“The fact is that this legislative change will have to be published for public comment prior to enacting it and at that time, it will be vigorously challenged by JPSA,” said the JPSA’s Howard Dembovsky.
The JPSA added that the misinformation regarding license disc renewals is not limited to e-tolls.
“Some of it originates from licensing authorities who tell people that they must settle all of their traffic fines before they can get their licence disc – which is not true,” the JPSA said.
The real reasons for licence disc renewals to be lawfully and automatically refused by the eNaTIS system is one or more of the following:
- The existence of licensing arrears and penalties thereon for any vehicle, whether motorised or not registered in the name of the motorist;
- The lack of a roadworthy certificate where this is required;
- The existence of an enforcement order issued under the AARTO Act; and/or
- The existence of a warrant of arrest issued under the Criminal Procedure Act, except that this type of administrative block is more prevalent in Cape Town than anywhere else in the country.
The biggest reason for the refusal of any licensing transactions is the existence of an enforcement order issued under the AARTO Act.
The effect of an enforcement order under the AARTO Act is to block all licensing transactions, including licence disc and driving licence renewal, vehicle transfers and new vehicle registrations.
The existence of a single enforcement order is sufficient to block all licensing transactions for all vehicles registered in the name of the person or entity against whom it has been issued.
“If a member of the public is refused a licence disc renewal, they should ask their licensing authority for an eNaTIS R114 statement and look for the existence of any of the conditions we have listed,” the JPSA advised.
Motorists may also check for the existence of one or more enforcement orders at www.aarto.gov.za by choosing the “query my fines” option.