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E-tags registration may be illegal

IOL reports that the Department of Transport postponed e-tolling on Gauteng's freeways on Friday, 13 January 2012, weeks before the system was due to go live. This is the second time the department has suspended the multibillion-rand project. Despite the postponement, SA National Roads Agency Ltd (Sanral) has continued its advertising campaign, encouraging motorists to register for e-tags.

But the registration of the e-tags may be illegal in terms of the Consumer Protection Act.

Various organisations who have analysed the terms and conditions of e-tag accounts voiced their concerns regarding clause 33 of Sanral's terms and conditions, which states that: "The user hereby irrevocably authorises the Agency or its duly authorised agent to obtain from any institution where the user may have an account, or from any credit bureau, any information concerning the user. This clause constitutes consent and an instruction to each such institution to disclose such information to the Agency or its agent."

Dr Cliff Johnston, from the SA National Consumer Union (Sancu), told IOL that this goes against the Financial Services Act, which states that an institution may not request more information than is needed. "So they may see if you have been blacklisted. But what if you have? [...] Will you not be able to use the road then?" Johnston asked.

Another contentious term, Johnston told IOL, was that "Sanral's information is correct unless you can prove otherwise. So if someone fraudulently copies your licence plate, Sanral will remove money from your account. How are you going to prove it wasn't your car?" Another controversial term was that you must supply Sanral with your bank account details, giving it access to debit money from the account "once the user's e-toll account balance goes below the user's predefined top-up threshold level". Sancu is planning to approach Sanral's new board to point out the illegalities in the conditions.

Read the full article on www.iol.co.za.

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