'Arrests illegal'
ROAD Traffic management Corporation (RTMC) spokesman Ashref Ismail has confirmed that the Johannesburg Metro Police Department was acting illegally by sending fines by normal post and arresting motorists at road blocks.
"The Aarto Act is very clear on this issue: notices are to be issued or served either in person or by registered mail. Ordinary mail is not provided for in the act," Ismail said.
He said metro police officers were not allowed to arrest a motorist stopped in a road block for unpaid fines.
"Not if it is an Aarto notice. In terms of notices issued under the Criminal Procedure Act - there may be a warrant of arrest. However, the whole of JMPD is operating under the Aarto Act from February 2009 and issue only Aarto notices.
"No motorists may be stopped by traffic officers to demand payment. The Aarto process has to be followed from the date the notice is served," he said.
Ismail agreed with the process outlined by Howard Dembovsky, chairman of Justice Project South Africa.
"In the Aarto jurisdictional area traffic officers are not allowed or authorised to stop and harass motorists."
Dembovsky said motorists should not argue with the traffic officer.
"Motorists must submit a written representation to the agency if they receive a courtesy letter but have not received the first Aarto notice," he said.
Representations can also be submitted on-line on the Aarto website: www.aarto.gov.za
Baba_T
If they stop yo and tell you to pay-up Just pay the fineI tried to use that section 30 (1) of the Aarto Act BUT the dump officer had no idea what that was and locked me up.
I paid then I was released.
Dont try to be clever with them they will lock you up. They have no idea how the law & acts works.
All this law is good on paper but does not apply in real life.
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SifisoHadebe
Arrests must be for thugs etc and JMPD's approach to this must be precise and clinical.Instead people on their way to work have been arrested & treated like a criminal.
This is one of the reasons why the respect for JMPD is so minimal.
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Printa
Why give so much power as to arrest a person for not paying mistakes he makes while driving in the worst roads in the world in the first place. Our government is so stupid. If I loose my job because I didnt pitch up at work, what purpose does such a act serve?The morons who sit and come up with these laws are in total disregards of the state of financial and economical situation that Native South African are living under. The cherry on top indeed in the nicum poops that are sent to carry out these law as they as stupid as my 96 year old granny.
Scrap out the Metro Police, it serves no purpose what so ever to the good of using public roads in a safe way.
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Vhamsanda
Being a cop is better than being unemployed even if you do not know what you are doing.Report Abuse
mjopiro
you are quite right Baba T.Those bastards have no brains and are irritating.Report Abuse
Ann
fu*ck this metro police dont know this laws, true they ll lock u up if they realise u know more than they dontReport Abuse
Mhungumbye
@VhamsandaBeing a cop is better than being unemployed even if you do not know what you are doing
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So rather employ incompetant person who does not understand the rules and regulations of his organisation, if that is the case recruitment section is not doing their job properly because that person can in turn be dangerous to his own organisation.
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sekhebereshe
interesting that government employees dont even know anyting about the laws that govern them...maybe is because most of them cant even read...useless ANC.....Report Abuse
TDK
I hear you ALL guys. Let me tell you one thing. I was snapped exceeding the speed limit along that road connecting Krugersdorp and Randfontein. The fine was R800 and i opted to challenge it since the used standard mail to send it. I submitted a representation two months ago by registered mail as AARTO dictates and last week i got the feedback that it my representation was successful and i don't have to pay that R800. By sending the representation by registered mail ensured that i beat them at their own game. The fine was issued in terms of AARTO. How can they expect me to obey the law while they don't either.Normally whenever i got a fine in my postbox and was not sent in terms of AARTO i would write a to the fine issuing municipality asking for a reduction. 99% of them are reduced to the amount i have indicated that i could afford to pay. If you got a fine of R300 you can still ask for a reduction of 50%.
I am just weighing my options now as i don't know if i should claim my refund for an AARTO fine(s) that i have already paid but it was send by a standard mail.
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LijahaSisu
Why does our government hate motorists so much? Is like they have rplaced the discrimination of black people by the discrimination of motorists. If its not the petrol consistently going up, we have to pay to drive on the freeways, pay toll gates, pay this fuel emissions tax, pay to park on malls, being harrased and arrested willy nilly. Trying to force us to the Gautrain is not gonna work, the sooner they accept that the better.Report Abuse