Arrive Alive

Challenge to fines and warrants - Ask The Expert

Who is The Expert

The Expert will be specific knowledgeable people at the Department of Transport, Arrive Alive Communications, the Road Traffic Management Corporation or others who might have the expertise to answer the question.

Challenge to fines and warrants

Question

Dear sir 1) Are there no legal obligation on authorities to answer you if you have sent a letter of dispute to the charges of a fine? What should one in such a case? 2) Is it legal for the traffic authorities to put pressure on their officers to write an X-amount of fines per week/month? I have seen an upsurge in fines coming into my office the past few month for offences which can not be disproved. For e.g. a driver were fined for oil on the road, but it was not his vehicle's oil, most likely a previous vehicle that has parked there. Another fine stated that his tyres had less than 1mm grooves, but he never measured it. When we measure the tyre, the grooves were still 7mm deep. Another traffic officer complained to the driver that he had to write some kind a fine for him, otherwise his boss would not be happy if he returned to base without X-amount of fines. How can one defend oneself against such traffic officers? Thank you in advance!

Answer

Yes. The guideline on Road blocks and warrants as well as the AARTO regulations require that authorities must send a receipt within certain time periods to the person redirecting fines or for any other correspondence in terms of AARTO.

The best defence mechanism for false charges is to go to court on the matter.

Comments

Generally once a fine is issued, it is in the hand of the court that has the power to decide on the fine and any submission of dispute will be considered. Stipulating number of fines officers need to write is not best practice to the profession. The authority in question needs to be made aware of this practice. You have a constitutional right to take this matter to the highest level of that particular Traffic Authority. Any fine issued that leaves any motorist in doubt Has access to the court of law via a representation or on the court date stipulated on the fine to contest your case before a magistrate.

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