This is why you should be paying your fines
Traffic fines and parking tickets are just the pits, but people tend to take the obstruction of the law very lightly when it comes to traffic laws. Why? Because South Africans are used to parking fines disappearing away in the chaos of the country’s admin. And, why should you pay your traffic fine if the taxi driving in front of you has just obstructed at least three traffic laws and the cop in the blue and white traffic vehicle is just driving by like it’s nothing?
That might be your train of thought, but like JP Smith, a member of the mayoral committee of safety and security told WOW last year in an exclusive interview , “South Africa, and especially the Western Cape will not accept traffic fines being brushed off anymore.” He commented, “We are dead set on bringing fine holders down, this is our number one aim at the moment, as people are dodging fines left right and centre…” So, if you’ve never paid a traffic fine, but you recently received one or you are wondering how to go about it, we are here to help.
Thanks to Cape Town Magazine, we now know exactly how to go about a traffic fine:
Firstly, make sure you understand what type of traffic fine it is, as this informs the amount of time you have to pay it. There are two kinds of fines: a Section 56 notice, which is an instant summons issued directly to you while on the road by a traffic officer, and a Section 341 traffic ticket, the first in a series of notices that is either attached to your car while you’re not present (the pink slip) or is issued by post if your offence is caught on camera.
If you’ve received a camera fine, you can view the photo at the Gallows Hill (Cape Town) Traffic Department in Green Point, or, in most (but not all) cases, online at Paycity.co.za (phone the traffic department to confirm).
Take note of how long you have to make payment. The length of time given depends on the type of fine and works as follows:
Section 56 notice: this ticket type features a court date (three to four months from the issue date) and a payment due date (two weeks prior to the court date). If you haven’t paid by the payment date, you still have these two weeks of grace leading up to the court date to do so.
Section 341 traffic ticket: once you’ve been issued this ticket, you have 30 days to pay before you’ll receive a ‘Notice before Summons’, giving you another 30 days to cough up the necessary cash (60 days in total; though, in SA time, this could be significantly longer). After this period, you’ll receive a summons that indicates a court date (roughly three to four months from date of receipt) and a payment due date (two weeks prior to the court date). As with a Section 56 notice, despite the indicated due date, you can still pay up until the court date without incurring late fees.
Pay the fine if you don’t plan to challenge it, preferably as soon as possible. Payment can be made by cash, cheque, postal order or electronic transfer.
Other hints when it comes to traffic fines:
If you weren’t the driver, you don’t necessarily have to pay up. The only time that a fine can be redirected to the driver that committed the offence was at the time of first notice. A traffic fine can only be redirected when it is still on a first notice status on the traffic contravention system. For this to happen an affidavit containing the information of the driver of the vehicle at the time of the offence must be signed and stamped by a Commissioner of Oaths. If you however get a summons because the fine was unpaid, you will have to appear in court for this traffic fine. The court will then decide the penalty you will have to pay.
You can contest a traffic fine. The city’s traffic department is open to reducing penalties or even cancelling them altogether. The best way to contest a fine is to write a letter clearly stating your motivations and post it, along with a copy of the ticket. You have to do this BEFORE you receive a summons though.
What can happen to you if you ignore all traffic fines? Well, if you don’t pay, you’ll receive a summons to go to court, where you can argue your case in person (if you don’t succeed in having the fine dismissed, you’ll generally then have to pay the full amount at this point). If you’re not present on your court date, you will be held in contempt of court, the charges become much more serious and a warrant for your arrest will be issued (remember, you cannot be arrested for outstanding fines, only for ignoring a court’s orders).
It’s illegal for a traffic officer to ask you to pay a fine on the road. No traffic officer should accept cash on the road; the fee for the fine needs to be paid to a traffic department, and an official receipt should be issued.