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Speeding fine on a decline - Ask The Expert

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Speeding fine on a decline

Question

I received a R300.00 fine for doing 83km in a 60 km zone. The problem is, I was on the N1 going over a bridge and as I was on top and going down the decline, I saw the officer standing there with his camera. I know that the fine is nul and void if I receive it after 30 calender days of date of offence, but my question is are they allowed to fine me on a decline??

Answer

We often get asked this question, probably because we all know that a vehicle speeds up without any intervention from the driver when driving downhill. In fact, it is only by intervention on the part of the driver that a vehicle will maintain its speed whilst proceeding downhill.

Whilst it may not be regarded as being ethical by reasonable people for traffic authorities to trap vehicles proceeding downhill, the problem is that it is indeed 100% legal. In fact, most speed traps are set on downhill stretches of road.

The simple argument is that the speed limit remains the same whether you are proceeding uphill, downhill or on a flat surface and this wins hands down every time.

Since you are in the Cape Province, I thought I would also take the opportunity to inform you that the requirement for a fine to be issued (not necessarily received) within 30 days of the alleged offence does apply under the Criminal Procedures Act, however from 1 July, Cape Town will be subject to the provisions of the AARTO Act and under this Act, the period allowed for posting the infringement notice to you is extended to 40 days. Thereafter, if you do not collect the registered article from the post office within 10 days, it will be deemed to have been delivered after the 10 days have elapsed.

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