NAVIGATING TRAFFIC VIOLATIONS AND FINES IN SOUTH AFRICA

Traffic law enforcement in South Africa involves two primary systems: the Criminal Procedure Act (CPA) and the Administrative Adjudication of Road Traffic Offences (AARTO). Each system has distinct processes and consequences for traffic violations. Understanding these differences is essential for motorists to handle fines correctly and avoid severe penalties.

The CPA System: Criminal Proceedings for Traffic Violations

Under the CPA, traffic violations are treated as criminal matters and handled through the courts. Fines issued under this system include:

Section 56 Notice:

• Issuance: Given directly by a traffic officer for moving violations.

•  Court Date: Includes a mandatory court appearance date.

•  Outcome: If found guilty, the offender receives a criminal record.

Section 341 Notice:

• Issuance: Sent by mail for violations detected by traffic cameras or issued in the absence of the motorist.

•  Process: Does not initially include a court date but serves as a preliminary notice. A second notice is sent before a summons is issued.

Motorists can contest CPA fines by writing to the traffic department or the public prosecutor, depending on the notice type. Representations must include the compounding notice number and, if available, a copy of the notice. If representation fails, a court appearance is necessary, and hiring an attorney familiar with traffic law is advisable to avoid a criminal record.

The AARTO System: Administrative Handling of Traffic Violations

The AARTO system decriminalisses certain traffic violations and processes them administratively. This system has been piloted in Johannesburg and Pretoria and is expected to roll out nationwide as of  1 July , 2024. Key features of the AARTO system include:

Infringement Notice:

• Issuance: Hand-written by traffic officers or electronically generated for camera infringements.

• Discount: A 50% discount is available if the fine is paid within 32 days.

Courtesy Letter:

• Issuance: Sent if the fine is not paid within 32 days, requiring full payment plus administrative fees.

• Consequence: Ignoring this leads to an Enforcement Order.

Enforcement Order:

• Issuance: Sent by mail if the Courtesy Letter is ignored.

• Consequence: Non-compliance results in the suspension of driving and vehicle licenses until penalties are paid.

Warrant of Execution:

Handed to a sheriff for execution if the Enforcement Order is ignored for 32 days. This can include property seizure or reporting to a credit bureau.

AARTO also introduces a demerit points system, where accumulating 12 points can result in a license suspension, and 15 points can lead to cancellation. To contest an AARTO fine, motorists must submit an AARTO 08 representation form, signed in front of a commissioner of oaths, along with any supporting evidence.

Addressing Non-Admission of Guilt (NAG) Summonses

NAG summonses are issued for severe speeding violations, such as exceeding the speed limit by more than 30kph in certain zones. These summonses require a court appearance and can lead to a criminal record if the motorist is found guilty. Motorists receiving a NAG summons must contact the prosecutor to set a new court date and appear in court to state their case.

Conclusion

Navigating traffic fines in South Africa requires a clear understanding of the CPA and AARTO systems. Each system has unique processes and consequences, and motorists must be proactive in addressing fines to avoid severe penalties, including criminal records or license suspensions. By following the appropriate steps and seeking legal assistance when necessary, motorists can manage their traffic violations effectively.