The speeding cameras on Mandela Street and OR Tambo Road have been the source of many a headache for the motorists of eMalahleni.
After the fiasco of alleged intimidation at the Spring Day roadblock, motorists are now alleging that the fines they have received from these specific cameras were delivered without the usual photograph attached.
The absence of this photograph has been the cause of some confusion.
Mr Howard Dembovsky, the chairperson of the Justice Project South Africa, states that whilst it is not illegal for the traffic department to issue a fine without the usual photograph attached, that this photograph must be supplied to the motorist upon request, free of charge.
The traffic department is not allowed, under the TCSP guidelines, to require you to pay a fee (regardless of how nominal) in order to see the photographic evidence of the alleged traffic offence caught by the speeding camera.
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The latest TCSP guidelines state that;
“if requested, a copy of the relevant photograph/image must be supplied free of charge to the alleged offender or licensed owner of the vehicle.”
Furthermore, the TCSP guidelines require that the photograph to be supplied to the motorist must contain the date of the offence, the time of offence, the speed measured and the location description.
Mr Dembovsky states that
“if any one or more of these details are missing on the image, it may not be used for prosecution purposes and you are fully entitled to demand that the fine be withdrawn.”
Emalahleni Local Municipality has been approached for comment, but have not responded at the date of publication.
