Can You Be Forced to Pay Traffic Fines at Roadblocks?
Motorists in South Africa are often stopped at roadblocks, but a common misconception is that they are required to pay traffic fines immediately on the spot. However, under the AARTO (Administrative Adjudication of Road Traffic Offences) system, this is not the case. According to Xolani Fihla, spokesperson for the Johannesburg Metro Police Department (JMPD), the AARTO system ensures that drivers are not compelled to pay fines on the spot during roadblocks. Instead, they can settle their fines later, within the stipulated period.
Understanding Your Rights and the AARTO System
One of the key aspects of the AARTO system is that motorists are not at risk of immediate arrest for any outstanding fines at roadblocks. Wayne Duvenage, CEO of OUTA (Organisation Undoing Tax Abuse), advises motorists to stay on top of their fines and ensure they are notified within 30 days of the fine being issued. If fines are not received within this timeframe, or if they are issued for the wrong vehicle, motorists have the right to challenge them.
In addition to fines, traffic officers have the authority to issue notices for other violations, such as impounding vehicles deemed unroadworthy or those involved in criminal activity. Officers also have the power to conduct searches and seize contraband at roadblocks if they have reasonable grounds or the individual consents to the search. However, physical or verbal abuse, or damaging property, is not permitted.
Key Points to Remember at Roadblocks
- You are not forced to pay fines at the roadblock. Thanks to the AARTO system, you can pay later.
- Law enforcement can search vehicles and individuals at roadblocks if they have reasonable grounds or consent.
- Fines must be issued within 30 days to be valid. If you receive a fine past this period, it may not be enforceable.
- Failure to pay a fine on time may result in an enforcement order, which prevents the renewal of your driver’s or vehicle license.
- Officers can arrest individuals for offences listed in the Criminal Procedure Act, especially if a warrant has been issued.
The Role of Roadblocks
Roadblocks serve a vital role in road safety. They target violations such as drunk driving, speeding, and unroadworthy vehicles. They are also used to identify vehicles involved in criminal activity. Simon Zwane, the chief communication officer for the Road Traffic Management Corporation (RTMC), emphasized that roadblocks play a critical role in keeping roads safe for all.
Consequences of Ignoring Fines
While motorists can delay paying traffic fines, failing to pay them within the required period leads to severe consequences. If fines are not paid in time, they convert into an enforcement order, which bars motorists from renewing their driver’s and vehicle licenses. This system is designed to encourage timely payment of fines and promote compliance with traffic regulations.
Motorists need to be aware of their rights when stopped at roadblocks. While law enforcement officers have significant authority, including issuing fines and performing searches, drivers are not obligated to pay fines on the spot. The AARTO system ensures that drivers have time to settle fines later. However, it is essential to stay on top of fines to avoid penalties such as enforcement orders, which could affect your ability to renew licenses. Regularly checking your fines and ensuring timely payment will help you avoid unnecessary complications.
Stay informed and make sure your fines are addressed promptly to avoid future roadblocks in your road to compliance.
