Outa calls for action over attempts to fine those boycotting e-tolls

This is after the Department of Transport published a Gazette (#39482) on December 7, 2015, which according to Outa chairperson Wayne Duvenage is a veiled attempt by government to fine motorists who are boycotting the e-toll system.

The Gazette also requests comment from the public before the closing date of January 6, 2016.

“It is not surprising this took place over the holiday period,” said Duvenage.

While this Gazette seeks to amend the Administrative Adjudication of Road Traffic Offences (Aarto) Act, Duvenage believes it is in an attempt to make it easier to include e-toll infringements into the adjudication process by the Road Traffic Infringement Agency.

Duvenage said the modification to the infringement notice process through the use of a new form is flawed.

“It is designed to include multiple infringement entries being included onto a single page, seemingly to assist Sanral (the South African National Roads Agency) in trying to treat the non-payment of e-tolls as a traffic violation,” he said.

“By doing so, the entire infringement notification process becomes impractical and almost un-administrable,” said Duvenage.

“In addition, the authorities seek to have these notices served on you via ordinary mail, e-mail, or even SMS – in accordance with an earlier Gazette (# 36613) submitted in June 2013, but not put into place until now, which is a matter that Parliament will consider approving in due course.

“This latest Gazette (# 39482), is regarded as impractical and in our opinion, unconstitutional.

“For example, it does not provide proof that your vehicle was at the scene of the incident noted, in that there is no photograph of your vehicle for each and every infringement listed.

“There is also an absence of a unique reference number per incident, which is required for dispute resolution purposes.

“The magisterial district per incident is also not listed, which is again required for dispute resolution purposes.

“These are just three of the concerns we believe should be addressed by the public, as regards this latest Gazette (#39482).”

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