What to do if you are notified of traffic infringement by SMS or email
RTIA now appears to be favouring the JMPD again
Howard Dembovsky of Justice Project South Africa (JPSA) had the following advice for motorists who have received notification of traffic fines by email or SMS.
“At the outset, it is important to note that we acknowledge that the reason people are receiving SMS messages and emails is that they do indeed have outstanding infringement notices which exist against their particulars.
“In most instances, this would be as a result of a vehicle registered in the name of the person to whom the email is sent having allegedly committed one or more road traffic infringements – most probably a speeding or parking infringement. If the infringement notice starts with the prefix ’02’ it’s most probably a speeding infringement and if it starts with the prefix ’03’ it’s most probably a parking infringement,” said Dembovsky..
Also Read: It’s official, JMPD to cancel fines
“The likelihood of it being a parking infringement is extremely low, since the JMPD was well-known for its obsession for deploying hidden speed cameras and focusing on little other than speeding in the 16 years preceding the recent termination of illegally extended speed camera contracts, which may or may not have been revived by now.
“JPSA’s issue is not with the fact that people are being notified of ‘traffic fines’ which have been issued against their particulars. Our ‘issue’ is with the timing and manner in which this has been done, since, without exception, those who have contacted us to ask about the legitimacy of these emails have complained about not knowing that any of the fines listed had been issued, some of which dating back five years to 2012, when the JMPD ceased unlawfully violating section 30(1) of the AARTO Act by posting bogus AARTO infringement notices it had captured on its own systems since April 2010 by ordinary domestic mail,” said Dembovsky.
“In most instances, even where they don’t date back as far as 2102, the fines listed in these emails have mostly ‘stagnated’ and in so doing, become unenforceable since procedure has not been followed by the authorities. Syntell, the JMPD and the Road Traffic Infringement Agency (RTIA) are acutely aware of this fact and it is the JMPD itself which has repeatedly complained in the media and elsewhere that the RTIA has not done its job, but has instead, allowed these fines to stagnate.
“It is therefore JPSA’s assertion that the email and SMS campaign launched by Syntell (Pty) Ltd, masquerading as the RTIA is at best devious, and seeks to take advantage of that portion of the public who may be unaware of the fact that many, if not most of these fines have ‘stagnated’ and cannot result in an enforcement order being issued – ever.
“We know that many people do not like having to read through a detailed explanation before getting to the nitty-gritty of how to deal with a situation, therefore we will provide this up front. Detailed information is however also available,” said Dembovsky.
Practical advice regarding these email notifications
“If you have received one of these emails, we advise you to visit the aarto.gov.za website without delay and get a full printout of all of your outstanding infringements. If you have any enforcement orders, deal with those first.
“Unfortunately, we have lost all faith in the ability of the RTIA to act impartially, since they have actively demonstrated that they are not. If you have any enforcement orders, you may find that you are left with little choice but to pay them in order to complete any licensing transaction you may be trying to complete,” said Dembovsky
“With respect to any other posted infringement notice (starts with the prefix ’02’ or ’03’) which is still at the ‘infringement notice’ or ‘courtesy letter’ stage, download, complete and submit an AARTO 10 ‘Election to be tried in court’ form for each and every infringement which exists against your particulars.
“This will prevent the so-called ‘adjudication procedure’ from continuing automatically and/ or unexpectedly and will help you exercise your constitutional right to a fair trial. If/ when you are summonsed (in terms of section 54 of the Criminal Procedure Act), you are perfectly entitled to raise the issue that the authorities have not complied with the so-called AARTO ‘adjudication procedure’,” said Dembovsky
“Electing to be tried in court does not equate to unlawfully ‘evading liability’ as has been asserted by the RTIA. Furthermore, it does not equate to an intention to ‘flood the court system’ and would not be necessary if the RTIA simply had the credibility and genuine independence to ‘adjudicate’ over matters from which it makes money.
“JPSA and its chairperson take extreme offence to the attitude of the RTIA that the Constitution does not apply to ‘traffic fines’ and that issuing authorities and the RTIA cannot, or should not, be held accountable by the courts,” he concluded.
Do you perhaps have more information pertaining to this story? Email us at roodepoortrecord@caxton.co.za (remember to include your contact details) or phone us on 011 955 1130.
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