That dreaded feeling when the white envelope arrives with JMPD stamp on it, is a common feeling for most. But, did you know that receiving your fine via standard post is actually illegal and you don’t necessarily have to pay it.
“In accordance with Section 30(1) of the AARTO Amendment Act 22 of 1999, it says that any document required to be served on an infringer in terms of this Act, must be served on the infringer personally or sent by registered mail to his or her last known address,” says the Automobile Association (AA). “That means, if you haven’t signed for the actual receiving of the fine then they have no proof that you are aware nor have received the fine.”
The fact that this provision exists therefore makes the dispatch of these AARTO notices via standard surface mail unlawful and deems them as un-served, due to the fact that no date of service can ever be established.
“The sad thing is that most people have continued to blindly pay their fines that actually have no legal standing,” continues the AA.
However the JMPD now have started sending out SMS’s saying that people have "outstanding infringements", which is an unconcealed attempt to collect on funds that they are not permitted to.
“We are not encouraging people to ignore their fines, as you broke the law and should take responsibility for it, but just bear in mind that this form of fine delivery is illegal and can be used as a leverage point,” concludes the AA.
Automobile Association of South Africa (AA)
011 799 1126