Fighting dodgy traffic fines

South African motorists should remain calm and avoid verbal altercations with traffic officials when accused of violating road laws and being issued with fines this festive season, a prominent civil advocacy organisation has advised.

December and early January will see many more motorists hitting the country’s roads as people travel to their holiday destinations.

This is likely to be paired with increased road traffic law enforcement activities, including roadblocks and speed traps along the country’s busiest routes.

Transport minister Barbara Creecy launched the Festive Season Road Safety Campaign on 17 November, with intensified law enforcement operations on major highways and roads.

The department detailed the strategy to Parliament’s transport portfolio committee on Tuesday, 3 December 2024.

It explained that 24-hour enforcement was on the cards to curb common violations such as driving under the influence or while using a mobile phone.

While there are irresponsible drivers who violate the country’s road traffic laws and put themselves and others in danger, many law-abiding motorists will know the frustration of dealing with a corrupt traffic officer who attempts to extort payment for false violations.

The Organisation Undoing Tax Abuse’s executive accountability director, Stefanie Fick, has strongly advised motorists to keep calm and polite and accept their tickets, even if they may be invalid.

“Being law abiding is the best thing you can do and should avoid adverse consequences,” Fick said.

“As a preventative measure, you can check that you do not have warrants or enforcement orders outstanding.”

“You should sort that out before you go on the road.”

Fick highlighted that the Administrative Adjudication of Road Traffic Offences Act empowered motorists to dispute a ticket at a later stage.

“Voicing a concern is an option but keep it friendly and do not be obstructive,” Fick said.

“You can make representations or elect to be tried in court.”

The representations can be done outside the province where the fine was issued.

Justice Project South Africa (JPSA) previously also highlighted that motorists should regard traffic fines as an allegation of wrongdoing rather than a finding or evidence of wrongdoing.

The organisation’s late chairperson Howard Dembovsky recommended that motorists should always check traffic fines to determine whether the licence plate and vehicle is correct.

They should also ensure that the listed speed limit and the real speed limit for the road are accurate.

“However, do not simply assume that the notice is incorrect. Check your facts thoroughly,” Dembovsky said.

“Often, people discover that what they thought to be the speed limit and what the speed limit really is, are two different things.”

Dembovksy also stressed there was no downside to contesting a fine, as long as the motorist relied on an actual traffic law as the basis for their dispute.

Advice regarding recordings

While phone recordings may prove to be useful evidence in disputing a fine, Fick reminded motorists that it was an offence to interfere with an officer’s duties.

“You do not want to get involved in a tussle at the side of the road and get arrested,” she said.

Fick said that a voice recording could be done more surreptitiously than a video recording and may be better than trying to enforce a recording that is not per se “a right.”

She emphasised that law enforcement officers were not generally corrupt or “out to get” motorists.

“They are human beings doing a job on days that most are having a break,” she said.

“As human beings, not all of us like being recorded.”

Fick said if the situation became dangerous, motorists should get away from the location as soon as reasonably possible and not stick around to record it.

They should also drive to their nearest Police Station to report any crimes by a traffic officer.