Things you need to know about traffic fines
As many other rules regrading traffic laws, some South Africans are a bit in the dark when it comes to the topic of traffic fines. Some of us even ignore them like they don’t exist. What are the exact rules regarding traffic fines? We received some information from the AA of South Africa on the most frequently asked question regarding traffic fines and answered them:
Do traffic fines have an expiry date? If you have outstanding traffic fines that are older than three years, does the prescription principle apply?
In terms of the Prescription Act, the Act does not place a prescription period on debts to government (national or local). However there has been arguments as to whether a traffic fine is a debt or not, but there is no clarity on this. Bear in mind that a traffic fine is an offence in terms of the Criminal Procedure Act and it is illogical to conclude that a debt linked to a criminal offence can expire. You can be held liable for a fine issued in 2001.
Do police have the right to arrest me at a roadblock if I have any unpaid speeding fines? What are my rights?
Police officials conducting a roadblock may only legally arrest you for an unpaid traffic fine if a valid warrant of arrest has been issued against you. A warrant of arrest is normally issued if you have failed to appear in court following the issuing and service of a summons against you. In terms of Section 39 of the Criminal Procedure Act you have the right to be informed of the reason or cause of your arrest and you have the right to demand a copy of the warrant of arrest whilst at the roadblock.
I wasn’t the driver when fined, so what do I do now?
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.
For more legal advice regarding traffic laws, check out our article on your rights when you get pulled over by the police or traffic officials. It is always important for women to know their exact rights in sticky situations!