We asked KwaDukuza traffic and speed enforcement superintendent Eddie Boaventura to explain the ins and outs to speed enforcement on our roads.
Boaventura said the KwaDukuza Community Safety Department uses two types of speed measuring equipment, namely the Trucam and the LTI 20/20 Laser. The LTI 20/20 is a small, handheld camera that can pinpoint a vehicle in multilane traffic and record its precise speed, which will appear on the screen at the back.
The Trucam is basically like the LTl 20/20 but is an all in one digital video camera, laser speed and ranging device.
The Trucam not only measures speed, but it can calculate the travelling time and distance between two following vehicles and produce full action video and still image evidence, for both speeding and tailgating.
Ten requirements for prosecution:
There are a handful of requirements for prosecution when traffic officers measure your speed with the laser equipment.
If you know these few pointers, you will know what to look for if you were pulled over for speeding.
1. The measurement locked between the camera and the car may not be beyond 500m.
This distance must be on the charge sheet.
As the driver you should have the opportunity to view the device and the readings.
2. If you are caught for speeding you will receive a section 56 notice.
The traffic officer must record the date, time, location, speed measured, have a photo of the offending vehicle and record the traffic officer or operator’s name.
3. The amount of your fine is set by the chief magistrate of KwaDukuza as prescribed by law and according to the speed you were traveling when measured.
This is regulated by using the general speed limit, or where regulated by a road traffic sign, and it is primarily determined by the number of accidents the have occured in that area.
These limits are 60km/h for a public road in an urban area, 100km/h for a public road outside an urban area and 120km/h on the freeway.
Speed limits have a 10km/h grace margin before drivers will be prosecuted.
4. Whether a driver was unable to spot the camera or whether they are driving downhill or uphill, are not factors preventing speed enforcement from being done.
5. If a driver exceeds the maximum prescribed speed limit for which there is no admission of guilt fine, they will be arrested.
6.If you pay your fine in the first 32 days, you will pay a discounted rate.
7. You can nominate the driver if you were not the person driving your car at that time or you can make a sworn statement if you have a good reason to contest the fine.
8. If you were snapped by a speed camera, the photo will be adjudicated by a peace officer before prosecution.
9. As the licensed owner of the motor vehicle you will then receive a notice in the post in terms of section 341 of the Criminal Procedure Act of 55 of 1977 within 30 days of the offense date.
The information on the photo and the information on the national register of vehicles must correlate with regard to make and type of vehicle, except during adverse weather conditions and at night.
A traffic officer will verify that the data and information is correct on the photo.
After 30 days, another section 341 notice will be posted to the licensed owner of the vehicle.
You may receive an sms as a reminder of the offense and a section 54 summons will then be generated and hand delivered to the licensed owner who will have to sign for it.
10. Section 54 allows for a payment to be made in admission to the offense or give you the option to appear before a magistrate to defend the matter at a pre-determined date.
If you fail to comply with the section 54 an arrest warrant will be issued.
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