The Department of Transport has gazetted amendments to the National Road Traffic regulations which deal with the withholding of licence discs when there are e-tolls outstanding on a vehicle.
Justice Project South Africa (JPSA) said that it is “with some alarm and disbelief” that it took note of the proposed amendments.
According to the JPSA, the proposals were gazetted on 17 July 2015 in Government Gazette 38997, and refer to a “regulation 11 of the e-Road Regulations, 2015”.
JPSA said it has been unable to find “regulation 11” anywhere.
It highlighted the following wording in the proposed amendments.
Regulation 25 of the Regulations is hereby amended by the addition of the following paragraph after paragraph (h) of subregulation (1): (i) the owner of which has failed to comply with the requirements of the e-Road Regulations, 2015 published under section 58(1)(dA) and (dC) of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998) for the payment of tolls where the South African National Roads Agency SOC Limited has applied a mark in terms of regulation 11 of those e-Road Regulations to the effect that the owner of the vehicle has outstanding tolls in respect of the vehicle concerned.
The JPSA said that, according to its records, the last time e-Road Regulations were published was in Notice No. R. 739 contained in government gazette No. 36911 of 9 October 2013.
It said it found it difficult to believe that amendments to the e-Road Regulations were published and proclaimed without stakeholders and the media noticing.
“JPSA has written to the Department of Transport requesting that it furnishes the relevant gazettes in which such amendments were published for comments and then proclaimed and we await their response.”
Those who are interested in commenting on the proposed regulations have two weeks within which to do so.
The e-mail addresses, postal addresses, and phone numbers to lodge objections, inputs, or comments to can be found in the notice on the South African government’s website.