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February 23rd, 2018 by


Soon, we’ll be receiving infringement notices through our social media, and there will be no way to deny it.

When the sheriff comes knocking, we can hide and pretend we’re not home. We can dodge our traffic fines and infringement notices in the mail and just say we didn’t receive it.

That’s all about to change though, because for one, we can’t hide away online…

FBTing - The Traffic Department Wants to Send Fines to Your Facebook

 

The AARTO Amendment Bill is currently before the National Council of Provinces (NCOP) for final approval. The National Assembly in Parliament has already approved this heinous breach of our constitutional rights. So, this is the last step before it becomes a reality.

The AARTO Amendment Bill will adjust the current provisions of the AARTO (Administrative Adjudication of Road Traffic Offences) Act. After the changes have been implemented throughout the country, the roll-out of the dreaded points-demerit system will begin.

You can start saving up to 30% on your car insurance premium today!

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AARTO Amendment Bill Refresher

Some drivers may not understand why this Amendment Bill is such a big deal. They always drive below the speed-limit, never get fines and have never been intimidated into bribing away the Metro Police.

Founder and Chairperson of the Justice Project South Africa, Howard Dembovsky, has been particularly vocal about the AARTO Bill. He’s articulated the pitfalls of the situation best.

“This may sound like good news to law-abiding motorists who have grown tired of the lawlessness on our roads, but there are numerous provisions of the currently applicable AARTO Act which, along with the proposed amendments contained in the AARTO Amendment Bill will literally make your hair stand on end.”

The E-Toll situation was a huge debacle and South Africa lost a ton of money. The AARTO Act as it stands, as well as the proposed amendments, will cause nothing short of mayhem. Dembovsky explains that the system is predicated on the automatic presumption that you are guilty, and the onus will be on you to prove yourself innocent.

In the hands of the power-abusing, corrupt traffic officials, this could prove to be hell on earth for all motorists.

So what does the Amendment entail? Here are just some of the key factors you should know about:

1. Notices May Be Served Over Social Media

This is the most surprising. Previously, infringement notices had to be served in person or by registered mail. Now, electronic service will be considered a valid means of service. This includes sending you your notices via email, SMS or via social media.

That’s right, get ready for some unfriendly friend requests and unwarranted inbox messages. Social media could include, but is not limited to Twitter, Facebook or WhatsApp.

Whether you read the notice or not, or whether you have access to social media or not, it doesn’t matter. 10 days after sending, the service will be deemed to have taken place.

2. Your Right To A Fair Trial Is Removed

As soon as a traffic officer issues you with an infringement notice, you’re immediately and automatically regarded as guilty. This means you’re in debt from the start.

We have a constitutional right to a fair trial, and this will now be stripped away. Should you really feel that you’re not guilty of any crimes, they’ll make you jump through hoops to prove it.

You’ll have to issue a written representation to the Road Traffic Infringement Authority, which is defined as a State-Owned Enterprise.

Should your RTIA representation be unsuccessful, and it will, a further R200 is added to the penalty. Because SOE’s are so renowned for honesty, transparency and purity.

If you then still want the matter reviewed, you’ll have to apply for this review with the AARTO Tribunal. This has to be done within 30 days of the RTIA rip-off, and must also be accompanied by a fee which the Minister of Transport, in all his supreme power and wisdom, has the sole discretion to prescribe.

Should your review at the Tribunal fail, and it will, you’ll have to approach the High Court for review, which as you can imagine, probably works out way more expensive than your original fine.

3. Traffic Departments Will Get Away With Mistakes

Let’s say the traffic department fails to serve you with an infringement notice according to AARTO provisions. Then, let’s say that because of the traffic department blunder, your written representation to the RTIA is somehow successful.

The traffic department will then be able to re-issue and serve that infringement notice again. Properly. Provided that it is done within half a year of the alleged infringement date.

So, even when the traffic department is wrong, they’re always right and you’re a lowly criminal.

4. They Will Force You To Pay Up

Should you choose not to play their mind games and dance for them, they’ll nail you anyway. Motorists who choose not to make use of these channels and challenge a traffic violation could receive an enforcement order 3 months after the initial notice.

This will prevent them from getting a licence disc or drivers licence card until the penalty and enforcement fees have been paid in full. Enforcement orders also lead to demerit points being applied to your drivers licence.

5. Company Owners Will Have To Throw You Under The Bus

Should you, as a company employee, be served a notice of infringement while driving a company vehicle, your boss will have to come forward and nominate you as the driver within 32 days of the incident.  Should your boss fail to do so, demerit points will be applied to their record.

Read More about the proposed Bill here!

05062017 CTAs 01 01 - The Traffic Department Wants to Send Fines to Your Facebook

Batten down your social media hatches, motorists, because the above (and more) will probably be signed into law soon. For Western Cape citizens who are opposed to these actions and want to have their say, here is a platform for you to do so.

If we don’t take any action, our inaction will be regarded as tacit agreement with the provisions of the AARTO Amendment Bill.

Closing date is 30 March 2018.

YOU can pay less for insurance too! Get a quote today!

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  • Kevin Gilbert

    This is an invasion of our privacy surely this is illegal by law.

  • Elize Breytenbach

    won’t be easy to proof innocence and will also be costly.

  • Rusty

    Now tell me how they will do so with names which is everything but the real names on facebook, besides having to have ID numbers. some people have maiden names, some have nick names, some just picked a name. and some have more than 3 facebook pages, and non of them can be traced.

    • Ash

      I guess we all better be changing our names and removing details which these bastards can use against us!

      • Rusty

        Well they can try, but facebook is everything but a safe place, A facebook page was set up in my nieces name photos and all, and none of the photos are hers, the most disgusting photos and horrible untruths are put on that page, and that we know was created by her x. then someone even tried that trick with my details, but for some reason, it was removed. as I simply let everyone know that it was not me. besides I make sure my fines are paid, once a month I personally go to check at the traffic department, Because they are fast to send out fines and threaten people, but they cannot send out renewal forms, nor do they notify you of a fine, so what a bloody cheek they have to want to pry into ones personal life, in fact you should also join this lot. they will give you all the information you need…………. .

        They have just send the following to me about another blunder of the transport department which we are all against.
        27 February 2018: Media release by: Adv. Anton Alberts FF Plus chairperson and parliamentary spokesperson: Transport. the Vryheid Front
        The FF Plus has been proven right in saying that the e-toll system in Gauteng is unfeasible and ill-considered and the party’s actions to stop e-toll over the years are justified seeing as the Gauteng Premier, Mr David Makhura, has at long last conceded in his State of the Province Address on Monday that “e-tolls have not worked”. well AARTO is in a mess. as far as I am concerned. and yes I will advise not to put private stuff on your page as there are many really sick, nosy people out there, besides I would consider this move as a infringement on privacy, how dare anyone take our details for their own use. .

        • Ash

          I receive the FF Plus’s emails too – helps to be connected to a few parties so we can be kept somewhat in the loop. Crazy how these guys are “running” the country.

          • Rusty

            Good for you. The Government kept us in the dark on many things going on, the toll one of them, So no citizen is to blame for not wanting to pay, if they were open about it and put things to a vote, then they would have been running a country that had something to look forward to. but anything done in the dark, when the light go on, you will find you painted the duck red instead of white, and stuck its wing on his head, and that is what the government was doing, getting it all wrong.

  • Ash

    The only fines we seem to get are ones for licences from vehicles which we sold that have now been reused and those individuals are now speeding in another province somewhere and our name is still attached to that licence! We sold a cattle trailer years ago, and suddenly the other day we got a picture in the post of a Mercedez Benz flying through Gauteng (been living in KZN for 6 years now). Now, we have to prove that it wasn’t us. We called, wrote/emailed the department – but hey, low and behold we never heard a peep out of them. Typical useless government rubbish.