OVER the past week many Richards Bay and Empangeni residents have received SMS notifications informing them they could be subject to a court summons for outstanding traffic fines.
The SMSs are sent by Pay My Fines, a division of Traffic Management Technologies (TMT), who is contracted by many municipalities across the country to manage the administration of traffic fines.
However, concerned residents are calling these SMSs a ‘scare tactic’ that have no basis in effective law enforcement, but is simply a strong-arm revenue collection strategy.
One resident, who did not wish to be named, said he was very much pro-law enforcement, but that this method effectively ensured that many motorists would simply pay, thus never having their day in court to challenge the validity of the fines.
‘I have some reservations on the Section 341 notices issued by TMT to the public of the past few years, as well as summons issued and served on the unpaid S341 Notices to date,’ said Richards Bay attorney Yolanda Gielink.
‘I intend to submit my concerns and queries in writing for consideration to the City of uMhlathuze’s head of traffic and our courts.
‘However, it may be in the best interests of motorists to await proper serving of summonses on them to enable them to make an informed decision on whether they wish to defend themselves in court or pay admission of guilt,’ said Gielink.
TMT responded to e-mailed questions, saying the SMSs were not a ‘strong arm tactic’, but merely a a courtesy and convenience SMS.
‘It is law that if a summons is paid and guilt is admitted by such payment, the infringer may get a criminal record.
‘As a courtesy and a convenience, we advise the relevant infringers to consider payment prior to a summons being issued, in turn preventing them from getting a criminal record,’ said TMT.
What are Section 341 notices?
According to the National Road Traffic Act of 1996, Section 341 notices pertaining to the Criminal Procedure Act are notices issued in instances where ‘the alleged infringer (sic) is not present at the time of issuing the notice’.
Typically, this would be parking violations and/or speeding fines captured by cameras.
These notices will always be made out to the registered owner of the vehicle and may be sent by ordinary post to such owner, the only requirement being that the notice be issued within 30 days of the alleged offence.
According to the AARTO website, these notices inform resident that they may pay an admission of guilt fine within a specified time frame, failing which a summons will be issued.
There is no legislation that prescribes this time frame and if the fine is not paid within this time frame, there is no guarantee that a summons will in fact be issued.
‘It is for this reason, among others, that many people have come to adopt the attitude that they will await the service of a summons before taking any action,’ concluded the article.
