In South Africa outstanding traffic fines have become a major issue, the police are arresting people in random roadblocks all over the country. The Metro police are out to cash in on the speeding fines as it is easy and a good revenue of income from the public.
One problem, what if the traffic fine issued is invalid? Irrespective if you are guilty or innocent of the traffic offence, the police need to act according to the South African law when issuing fines. Recently in the news media and in the news papers, the abuse of power has been highlighted. Mnet's Carte' Blanche and SABC3 Special Assignment have done cover stories on this very debacle. How valid are your outstanding traffic fines? Clearly this is all about making money by any means.
So what makes a speeding or Traffic Fine invalid?
There are so many things that are ignored by the police, its about collecting money, not enforcing the law. These are typical points that are ignored by the Metro Police,
Making sure the fine is posted to you within the 30 days from offence date Checking that the fines don't have irregularities before sending them Ignoring procedures (law) setout by the Director of public prosecution when speed trapping. Using faulty or un-calibrated speed measuring equipment Using equipment with out training or knowledge, which is against the law Speed trapping in areas or zones with out the prosecutions authority Tampering with photographic evidence to make you look guilty Disobeying prosecutions guidelines for setting up speed traps. Not keeping or logging information required for prosecution when issuing fines. Arresting people on invalid and illegal summonses served Before you pay for your Outstanding Traffic Fine.. These are just some of the hundreds of issues the public needs to be aware about. Before paying for your outstanding traffic fines which could be invalid, did you know that irregularities like the above would never make it to court as they are inadmissible and illegal to use.It is reported that around 80% -90% of traffic fines issued in South Africa when speed measuring devices are used have some form of irregularities found on them. This is a shocking statistic.
Note that none of the above irregularities listed stop the Metro Police from sending you a notice of infringement AARTO traffic fine. Sadly this is not regulated and seems to be condoned. If you have "admitted guilt" and paid for a speeding ticket for an outstanding traffic fine, you would not be able to claim a refund if the courts ruled that your traffic fines issued were invalid.
Where's the justice in that. The public need to get informed, join forums and newsletters that educate them of their rights.
