The Department of Transport plans to introduce its much-talked about demerit fine system late in 2003. It will include a ruling that offenders who do not pay their fines will have property confiscated.
The Department of Transport plans to introduce its much-talked about demerit fine system late next year. It will include a ruling that offenders who do not pay their fines will have property confiscated.
The demerit system forms part of the Administrative Adjudication of Road Traffic Act of 1998. Each motorist will receive 12 points and will lose points for each traffic violation, but will still be issued with fines.
“We hope to have the new system in place next year. Once a motorist has lost all 12 points, he will have his licence suspended for a number of months,” Thabo Tsholetfane, acting manager of land transport infrastructure and operations management for the Department of Transport, told CARtoday.com.
Once the suspension is over, motorists begin again with 12 more points. If a motorist has his licence suspended three times, he will have to reapply for his licence, and this means going through the test again.
Tsholetfane said the department hoped to have the system ready to test late in May 2003. “We want to test it in Pretoria. We will put motorists on the system, but it will only be a test run to solve any problems with it. They will not lose actual points. If the test goes smoothly we plan to launch the system nationally late in 2003,” he said.
The system of fine payment will also be different. Motorists will have 32 days to pay a fine.
“If you do not pay the fine, you will be sent a reminder, for which you will have to pay and, though the amount has not been finalised, it could be in the region of R100. If you do not respond to this letter, then an enforcement order will be issued, for which you will also have to pay.
“If you still do not respond to this order then a warrant of execution will be issued and your removable property can be attached. The sheriff of the court will have the right to remove property,” Tsholetfane said.
The offender would then have to pay the accumulated fines to the sheriff to have his property released.
Tsholetfane said the proposed plan had been drafted to teach motorists that road traffic law was very important and to make motorists more responsible on the roads.
Advocate Don Smart, motoring specialist and author of Guide to Motor Law, comments that a penalty demerit point system can only be properly applied in an effectively controlled and fair administrative traffic law enforcement system.
“The non-payment of traffic fines and the deterrent effect of fines remains a serious problem in South African traffic law enforcement.
“But the use of false registration plates or no vehicle identification, as well as the inability to trace offenders for example, will mean that the effective application of the system will only apply to law-abiding motorists, while the real offenders who have total disregard for the law and system will get away with most violations and not be penalised,” he said.
Smart said this would also be a problem with the recovery of fines.
“The person who cannot be traced, or who has no assets (on his or her name) that can be attached, will continue to disregard the law.
“The control of vehicle ownership and vehicle identification is the fundamental issue that needs to be addressed before such a system can be effectively applied.
“Assets that could be attached to cover outstanding fines should preferably be limited to the “offending vehicle” and not household or other assets.
“The focus should not be monetary aspects and the recovery of income due to a traffic authority, but the deterrent effect of the demerit system and ultimate removal of the privilege to drive a vehicle. This could only be justifiable once we have a system that effectively controls vehicle and driver identification. The current system is open to extensive abuse and flaws,” said Smart.
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