Transport News South Africa

E-tolls no block to discs

You cannot be refused a vehicle licence disc because of outstanding e-tolls, said the Justice Project SA yesterday.
E-tolls no block to discs

The organisation said that it had noted that a great deal of misinformation was being disseminated about penalising people who had not paid e-tolls.

It said legislation that would enable the withholding of licence discs for e-toll debt had not been enacted. "The fact is that this legislative change will have to be published for public comment prior to enacting it and, at that time, it will be vigorously challenged by us," the organisation said.

"The misinformation doing the rounds is not limited to e-tolls and although some of it originates from licensing authorities who tell people that they must settle all of their traffic fines before they can get their licence disc, which is not true, counter staff at the post office tend to send motorists into a flat spin by telling them that there is a warrant of arrest out for them."

Justice Project said that a licence disc might be withheld because of a warrant of arrest. The only legal bases for the eNaTIS system refusing a renewal included:

  • The existence of licensing arrears and penalties in respect of any vehicle, whether motorised or not, registered in the name of the motorist;
  • The lack of a roadworthy certificate;
  • The existence of an enforcement order issued under the Aarto Act; and/or

  • The existence of a warrant of arrest issued under the Criminal Procedure Act. This type of administrative block is far more prevalent in Cape Town than anywhere else in the country.

Said the Justice Project: "By far, the most common reason for the refusal of any licensing transaction is the existence of an enforcement order issued under the Aarto Act. The Road Traffic Infringement Agency, which previously failed to escalate infringement notices to courtesy letters and then to enforcement orders, has been issuing enforcement orders at an alarming rate for at least the past four months and people who have become used to ignoring their traffic fines have found themselves falling foul of this.

"The effect of an enforcement order under the Aarto Act is to block all licensing transactions.

"Although any person may make application for the revocation of an enforcement order, this process is tedious and few applications are successful."

Motorists were not compelled to admit guilt by paying a traffic fine, and therefore did not have to "settle all of their fines" before renewing their licence disc. - RDM News Wire

Source: The Times

Source: I-Net Bridge

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