Notification of Traffic Violation

Question

Please advise if there is a statutory period of time for notifying the owner or driver of a vehicle from the Traffic Authority of a traffic violation from the date of offence eg. passing a robot when a red signal is displayed. Please quote the relative legislation and sections.

Answer

Yes - in the Prosecuting guidelines (Chapter29 of the Criminal Procedure Act), the initiators of the prosecution (ie the traffic police) have 40 calendar days from the date of offence to get the notice to you. There-after the notice is stale and the DPP's will not prosecute (in terms of the Criminal procedure Act you must be able to offer a defence and therefore need to be notified within a reasonable time so as to recall the event and offer the required defence). The National Road Traffic Act also requires that any notice issued for an offence committed in terms of the Act, be either personally served or sent via registered mail to the last address chosen as the Domicilium by the registered owner of the vehicle. The notice will be deemed to be served 10 (ten) days after receipt by the post office.