A draft amendment to the Administrative Adjudication of Road Traffic Offences (Aarto) regulations appears to be aimed at enabling the government to fine motorists who are boycotting the e-toll system.
This is according to the the Opposition to Urban Tolling Alliance (Outa).
“It is not surprising this took place over the holiday period,” said Outa chairman Wayne Duvenage, who raised concerns that the amendment is a veiled attempt at introducing fines for e-toll non-payers.
The exact wording of the infringement is as follows:
Failed to comply with the directions conveyed by a road traffic sign by using a toll road without paying the toll charge.
A fine of R500 is applicable for motorists that use a toll road without paying for it, with a discount of R250 available if you pay the fine within the relevant admission of guilt period.
For vehicles that don’t require a road-worthy certificate, the fine and discount are halved.
The infringement is classified as minor, and will not result in any demerit points being added to your license.
Other significant amendments
In addition to removing the demerit point from the fines for not paying tolls, the amendment also introduced a new form for the infringement notice process.
The draft amendment was quietly published in the Government Gazette on 7 December 2015.
“It is designed to include multiple infringement entries being included onto a single page, seemingly to assist Sanral (SA National Roads Agency) in trying to treat the non-payment of e-tolls as a traffic violation,” said Duvenage.
“By doing so, the entire infringement notification process becomes impractical and almost un-administrable,” said Duvenage.
“This new form is flawed in that it does not provide proof that the driver’s vehicle was at the scene of the incident noted, as there is no photograph provided for each and every infringement listed.
“There is also an absence of a unique reference number or magisterial district listed per incident, which is required for dispute resolution purposes”.
Duvenage urged the public to participate in responding to the gazette.
“The amendments are impractical and infringe on the motoring public’s rights to defend themselves from an unworkable processes, if the proposed amendments to the regulations are approved,” he said.
Additional reporting by Fin24.