E-tolls new policy considered unlawful to some

JOBURG – Conflicting views loom over the latest proposals from Government about e-tolling in Gauteng.

Organisations and institutions in and around Joburg have been left in a mixed state of dismay and anticipation when an announcement was made by Deputy President Cyril Ramaphosa in Parliament recently. He announced new proposals to withhold vehicle licences until outstanding e-toll bills are paid.

The Automobile Association of South Africa (AA) has opposed this decision, calling it unlawful. “New proposals to withhold vehicle licences until outstanding e-tolls are paid are unlawful, unreasonable and procedurally unfair,” the AA said in a statement.

The AA’s opinion on the matter made specific reference to regulations 25(7) and 59 (2) of the National Road Traffic Act which makes provision for a registering authority to refuse a licence disc in respect of penalties or fees owed. Fees here are specified as licence fees.

“Our view is that these provisions clearly do not cater for outstanding toll fees. The e-toll legislation implemented in October 2013 also does not contain any provision for an authority to withhold a vehicle licence disc for outstanding e-tolls and neither does the SANRAL Act,” the AA said.

The Department of Roads and Transport has welcomed the new dispensation on e-tolling. “This marks an important step forward on a matter that has been contentious for some time. In essence, it strikes a careful balance over three issues, namely, improving our road infrastructure for socio-economic development purposes. The utilisation of the ‘user-pays’ principle in partly funding road infrastructure and ensuring affordability for our people,” said Department of Roads and Transport acting chief director Edward Ndou.

Ndou pointed out that the new dispensation shows that the department is a responsive and a responsible government, which is sensitive to the concerns of its citizens. “We are a government that is solution-oriented. We are a government that will work hard to build an integrated, reliable and affordable transport system that meets the needs of the people of Gauteng and the country,” he said.

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