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What are the rules and processes to follow when you have not received notice on a fine against you?

The duty lies on you to make sure that you have no outstanding fines on your name.  In terms of the CPA, you cannot challenge if a notice was sent to you. However, in terms of AARTO infringement notices, these need to be sent via registered post and you may challenge the AARTO offices in terms of their method of service.

To check for outstanding fines you can go to the traffic department, or visit www.paycity.co.za or www.viewfines.net.   Once you have a copy of the fine / notification number, you can make a written representation to the department that issued you with the fine for more information, such as photos, Etc.

Issuing of fines in South Africa

In South Africa, fines are issued using two pieces of legislation – The Criminal Procedure Act (CPA) and the Administrative Adjudication of Road Traffic Offences Act (AARTO).  The AARTO Act is currently implemented in Tshwane Metropolitan and Johannesburg Metropolitan while the CPA still remains in force in the other provinces. 

In terms of the CPA, there is no need for proof of service of a fine. However, if that fine has materialized into a summons and you’re arrested as a result of a warrant of arrest and decide to go to court to defend yourself, you may request proof of delivery of the summons.  Also note that you have no right to demand or be shown proof of service of a summons at a roadblock.

All AARTO 03 infringement notices (camera fines) must be served via registered mail, no exceptions. However, if this condition is met and you fail to collect the document within 10 days of posting, it is deemed by law to have been served and the next step proceeds.  Summons cannot be issued in terms of AARTO and the infringement notice is then removed from the AARTO system and transferred to the Criminal Procedure Act. 

Updating your address details

Under the National Road Traffic Act and Regulations, you are obliged to update your address details with the relevant registering/licencing authority in the prescribed manner within 21 days of changing address, and not doing so is an offence for which you can be fined. Filling in the “change of address notification” on your licence renewal notification is neither the prescribed manner nor any guarantee that your address details will be updated. Therefore, you should always make sure that you acquire and complete the correct documentation for this at your licencing authority and make sure that the changes are made.

If you are in any way unsure if your address details are correct, then go and enquire at your local licencing authority. It is your responsibility - not that of the traffic authorities - to ensure that your address details are in fact up-to-date and correct.

 

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